The prosecution’s star witness in the “ComEd Four” trial wrapped up five days of testimony Monday following a flurry of defense questions designed to undermine his cooperation in the wide-ranging probe of an alleged scheme by the utility to influence House Speaker Michael Madigan.
Fidel Marquez, 61, a former senior vice president for ComEd who spent nearly 20 hours on the stand, mostly held firm despite the efforts to knock him off stride, explaining that his deal to cooperate with the government was to tell the truth no matter how it affects the case.
On Thursday, Marquez was hammered with questions about his decision to become a government mole and make secret recordings of his colleagues after being confronted by the FBI in January 2019. Marquez pleaded guilty to bribery conspiracy and is expecting prosecutors to recommend a sentence of probation.
He testified on re-direct Monday that his deal with the government did not depend on whether the defendants are found guilty or not guilty, only that he provide truthful testimony.
[ ‘ComEd Four’ trial: Evidence seen and heard by the jury ]
Assistant U.S. Attorney Amarjeet Bhachu also pushed back on defense suggestions that Marquez was doing the government’s bidding to save his own skin.
“Did you make those guys say what they said on those recordings?” Bhachu asked at one point, referring to the four defendants across the room.
“I did not,” Marquez answered.
U.S. District Judge Harry Leinenweber, however, did sustain a number of objections that limited Bhachu’s re-direct questioning.
One clear win for the defense: The jury was left with the impression that Marquez would have gotten 30 years in prison or more if he refused to cooperate and was convicted at trial, when in reality it would have been far less than that.
Marquez’s testimony wrapped at the beginning of the trial’s fourth week. Charged in the indictment are Michael McClain, 75, former ComEd CEO Anne Pramaggiore, 64; ex-ComEd lobbyist John Hooker, 73, and Jay Doherty, 69, a lobbyist and consultant who formerly led the City Club of Chicago.
[ ‘ComEd Four’ bribery trial: What you need to know ]
The indictment alleges the “ComEd Four” schemed to shower Madigan allies with jobs, contracts, internships and legal work to woo the now-indicted ex-speaker into looking favorably at ComEd’s Springfield agenda.
The defendants’ attorneys contend that the so-called scheme was nothing more than legal lobbying, part of the state’s high-stakes, often-messy politics where myriad interest groups and stakeholders compete for access to lawmakers.
McClain and Madigan are charged in a separate corruption case that is tied to the ComEd scandal.
In cross-examination of Marquez earlier Monday, Doherty’s attorney, Michael Gillespie, drilled down on a video recording Marquez made of a meeting with Doherty in February 2019, shortly after his cooperation began.
The recording is particularly damaging to Doherty because he talks at length about the subcontractor arrangement and tells Marquez candidly that he should not touch it, since ComEd’s “money comes from Springfield.”
In his questioning, however, Gillespie pointed out that Marquez was the one who interjected the idea that Doherty was talking about rate hikes, insinuating that the government was twisting an innocent comment by Doherty.
Gillespie also asked about former Chicago Ald. Frank Olivo and Michael Zalewski, who were put on Doherty’s contract at Madigan’s behest.
Marquez agreed that as ex-elected officials, the aldermen were useful as lobbyists on “specific projects,” and that Doherty never said in their recorded meetings that any subcontractors were brought on to pass bills in Springfield.
Bhachu, on redirect, fired a series of questions specifically about any work Zalewski did.
Afternoon Briefing
Daily
Chicago Tribune editors’ top story picks, delivered to your inbox each afternoon.
“Did he make a single phone call for you?” Bhachu asked.
“No,” Marquez said. He Marquez also agreed Zalewski never attended a meeting or wrote a single report.
“Fair to say he did absolutely zero?” Bhachu asked.
“That would be fair,” Marquez said.
Bhachu also pressed Marquez on whether he thought “what was going on with subcontractors” was wrong?
“Yeah, I knew it was wrong,” Marquez replied.
jmeisner@chicagotribune.com
