Prosecutors in the federal bribery case against a longtime confidant of former House Speaker Michael Madigan and three others told a judge Tuesday they have rejected having a bench trial, meaning the bombshell allegations will be heard by a jury in September.
Attorneys for the four defendants had requested last month that the case be tried by U.S. District Judge Harry Leinenweber instead of a jury — a rarity in political corruption cases that would have required the approval of both prosecutors and the judge.
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During a statues hearing Tuesday, however, Assistant U.S. Attorney Amarjeet Bhachu said his office was rejecting the proposal, officially setting the case for a jury trial starting Sept. 12.
The trial is expected to last about a month, with questionnaires mailed to prospective jurors a week ahead of time to help weed out any potential conflicts.
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Charged in the November 2020 indictment were Michael McClain, a former state legislator and lobbyist who was part of Madigan’s inner circle; Anne Pramaggiore, the former CEO of ComEd; John Hooker, a longtime ComEd lobbyist; and Jay Doherty, a consultant for the utility and one-time head of the City Club of Chicago.
The 50-page indictment alleged that beginning in 2011, McClain and the other defendants “arranged for various associates” of Madigan — including his political allies and campaign workers — to “obtain jobs, contracts and monetary payments” from ComEd even in instances where they did little or no actual work.
McClain and the other defendants also conspired to have ComEd hire a Madigan-favored law firm and lawyer, previously identified in public testimony as Victor Reyes of Reyes Kurson, and to accept into ComEd’s summer internship program a certain number of students who lived in Madigan’s 13th Ward, according to the charges.
Pramaggiore and McClain also allegedly took steps to have Juan Ochoa, the former head of the Metropolitan Pier and Exposition Authority of Chicago, appointed to ComEd’s board of directors at the request of Madigan and McClain, the indictment stated.
Madigan and McClain were indicted last month on separate racketeering charges that include the alleged ComEd scheme.
At Tuesday’s status hearing, meanwhile, McClain’s attorney asked for an early deadline for both sides to file proposed jury instructions on the federal bribery statute, saying that their entire defense strategy will likely rest on what instructions Leinenweber will read before the jurors go back to deliberate the case.
“We feel that this is such a crucial issue that it is appropriate to address it early,” said attorney Patrick Cotter, who represents McClain.
Bhachu objected, arguing that the issue was not all that complex. But Leinenweber said he saw no reason not to do it early, ordering both sides to submit their proposals by May 16.
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In pretrial motions, the defendants accused prosecutors of misusing the federal bribery statute, arguing that there was no quid pro quo agreement and that jobs, contracts and other payments to chosen Madigan political operatives constituted legal lobbying.
But Leinenweber denied a motion to dismiss key counts of the indictment, writing in a ruling earlier this year that legal precedent dictated that the charges outlined were sufficient.
