Madigan, business partner testify as co-defendant McClain seeks separate trial
CHICAGO - As the federal corruption trial of former Illinois House Speaker Michael Madigan nears its end, his co-defendant, Michael McClain is once again demanding their trials be separated.
In a last-ditch effort to distance himself from Madigan, McClain’s attorneys, on Tuesday, filed a renewed motion for severance.
McClain’s attorneys have been fighting for the trials to be severed for several months—arguing that Madigan’s attorneys would serve as "second prosecutors" to their client.
Previous requests were rejected, but now, McClain is making one more attempt.
The new filing points to developments during Madigan’s testimony on Monday, when a never-before-heard tape was played of Madigan and McClain talking about jobs awarded to a labor union.
"Some of these guys have made out like bandits, Mike," Madigan said during a wiretapped phone conversation with McClain in August 2018.
"Oh my God, for very little work, too," McClain said.
"Yeah," Madigan replied.
It was only admitted into evidence this week, after McClain’s team had already rested their case last week.
In the new filing, McClain’s attorneys say the jury has now been presented with the tape, which "the government will argue (incorrectly) is evidence Mr. McClain and Mr. Madigan knew about—and laughed about—certain people whom the defendants recommended for jobs at which they did little or no work."
The filing goes on to state: "That allegation is, perhaps more than any other in this case, toxic and carries with it unparalleled potential for unfair and undue prejudice."
Earlier on Tuesday, Madigan finished testifying in his own defense. On his second day of cross examination, he was questioned about how much his private law practice made and how much power he had in the state government.
Prosecutors tried on Tuesday to show the former longtime Speaker of the House had widespread influence over money and politics.
On secretly recorded FBI tapes used in evidence, Madigan talked about putting a knife into state Sen. John Cullerton, because Cullerton was running negative advertising about Madigan during a campaign.
Madigan admitted he meant it figuratively, because they had a serious disagreement and, after all, Cullerton was the godfather of Madigan’s son.
Madigan was questioned about favors he did for former alderman-turned-FBI-mole Danny Solis, and whether they were in exchange for business that Solis promised to bring to Madigan’s law firm. Madigan said he would speak to Gov. JB Pritzker about a position for Solis.
Madigan also testified that he knew it was illegal to trade political influence for personal benefit, and that McClain was acting on his own when it came to being a political fixer.
Once Madigan was finished on the stand, two additional witnesses were called by his defense team Tuesday: ComEd Manager of Emergency Preparedness Eric Duray and Madigan’s longtime business partner, Vincent ‘Bud’ Getzendanner.
Getzendanner said he and Madigan met while attending Loyola Law School in the 1960s.
Together, they ran Madigan & Getzendanner—a property tax appeal law firm—for nearly 50 years.
As Madigan was awaiting trial, the firm decided to rebrand and change its name, splitting from the indicted politician.
Holland Hicks Law was formed and Getzendanner went with—until he retired earlier this month.
On Tuesday, Getzendanner spoke to how the firm found new clients.
On direct examination, he testified that processes were in place to avoid conflicts of interest with potential clients who had ties to the state legislature.
On cross-examination, however, Getzendanner said the same steps weren't enacted to check if prospects had business with the City of Chicago.
Getzendanner, who says he split business profits with Madigan, was also asked by prosecutors if it was safe to say Madigan was the "rainmaker" for the firm. He answered, ‘yes.’
Since the start of the trial, the jury has heard from more than five dozen witnesses.
Madigan’s defense team plans to call at least one more witness— Heather Wier Vaught, Madigan’s former chief counsel.
Closing arguments are expected to take place next week.