Mike Madigan trial: No verdict on Day 10 as jurors deliberate
Mike Madigan trial: Day 10 of deliberations ends early
It's been 10 days since a federal jury began deliberating the fate of Mike Madigan—and by Tuesday afternoon, a verdict had yet to be returned.
CHICAGO - It's been 10 days since a federal jury began deliberating the fate of Mike Madigan—and by Tuesday afternoon, a verdict had yet to be returned.
The former Illinois House Speaker is facing 23 felony charges, including wire fraud and bribery, while his co-defendant and former political ally, Michael McClain, is facing six.
Drawing Comparisons:
Ironically, 10 days is the length of time it took for a jury to find Rod Blagojevich guilty on 17 charges back in 2011; the former governor, however, was pardoned by President Donald Trump on Monday.
Blagojevich's first trial in 2010 ended with a hung jury on all but one count after 14 days of deliberations.
What we know:
In the case of Madigan and McClain, the jury is working through pages and pages of evidence, including wiretap transcripts, emails, and other documents.
Throughout the trial, jurors heard testimony from more than 60 witnesses.
Experts say it's no surprise that deliberations are taking this long.
On Monday, the defense teams for Madigan and McClain filed a motion requesting that the court provide jurors with further clarification in response to a recent jury note.
Last week, in addition to requesting two more binders of audio transcripts, jurors also wanted guidance on whether "bona fide salary" is considered "something of value" as it pertains to the wire fraud and Travel Act charges.
Attorneys for Madigan and McClain asked the court to emphasize to jurors that the burden of proof lies with the government, not the defense.
Federal prosecutors objected to the motion—writing that it would be "improper" to provide the jury with additional elements or instructions at this point.
On Monday night, Judge John Robert Blakey ruled on the motion, denying the defense’s request. He explained that an answer was already given to the jury, adding, in part:
"Quite simply, the Court’s instructions cover the law the jury requires and do not require the Defendants’ proposed supplemental instruction."
On Monday, FOX 32 Chicago spoke with Ron Safer, a former federal prosecutor and partner with Riley Safer Holmes & Cancila LLP, about whether Madigan’s own testimony will play a role in the verdict.
"I think when you are a public official, if you do not testify on your own behalf, the jury—even though they're instructed not to—are going to take that into account," Safer said. "You make your living speaking to people. Why didn't you speak to the jury? I think it's difficult not to testify."
While Madigan testified in his own defense during the trial, McClain did not.
What's next:
As a rule of thumb, Safer explained that juries often spend one day deliberating for every week of trial. The Madigan trial lasted about 14 weeks from the time opening statements began until closing arguments ended.
The jury ended deliberations early on Tuesday and is scheduled to be back at the Dirksen Federal Building at 9 a.m. on Wednesday.