Jury gets case in trial of former Alderman Ed Burke

ByCraig Wall, Chuck Goudie, and Barb Markoff, Christine Tressel and Tom Jones WLS logo
Tuesday, December 19, 2023
Will a Chicago jury convict former alderman Ed Burke?
Former powerful adermand Ed Burke awaits the jury's verdict in a racketeering case that could send him to prison for years.

CHICAGO (WLS) -- The federal corruption case against former Alderman Ed Burke headed to a jury Monday afternoon at the Dirksen Federal Courthouse.

The jury did not make any additional requests or ask any questions during deliberations before they went home for the night about 5 p.m.

For more than three and a half hours, the judge read through the jury instructions.

The document, totaling 365 pages, provided detailed instructions for all 19 counts against the defendants. Defense attorneys were heard grumbling outside the courtroom about needing to streamline the process.

"Three hundred sixty five pages of jury instructions are a lot, but it's not unprecedented," former federal prosecutor Chris Hotaling said.

The trial of former Chicago Alderman Ed Burke went to the jury Monday. The group is considering the corruption accusations against him.

U.S. District Judge Virginia Kendall presided over the six week case in federal court. The government relied on more than three dozen witnesses and secret videos of Burke that prosecutors said proved he was guilty of bribery and extortion for alleged sweetheart deals for his private law firm.

"You saw his words and his actions. We heard his words in the recordings and saw his demeanor and you can decide for yourself. The defense says this is a lot of noise, and it's more complicated than that," said Dylan Smith, former federal prosecutor and partner with Smith Gambrell Russell.

Given the complicated and extensive nature of the case, it's not clear how long it will take the jury to sort through all the evidence and testimony from 38 witnesses before reaching a verdict.

Smith said he thinks most jurors are very diligent about wanting to make sure they are giving the defendant every benefit of the doubt, really carefully looking at the evidence and thinking about the jury instructions.

"It's can the jury put aside his or her personal beliefs, knowledge he or she may have about Mr. Burke and consider the evidence fairly and impartially and make a judgment based on the evidence as opposed to any preconceived notions," said Smith

Judge Kendall said if the jury is still deliberating on Friday, they will be sent home until after New Years.

"I think what Judge Kendall is trying to do here by saying look, I'm not going to hold you over Christmas, is to try to relieve some of that pressure and concern that might come from feeling that the jurors would be deliberating into the holiday, " said Smith.

Burke faces racketeering, bribery and extortion charges involving four different schemes.

Burke's attorney said he never demanded anything in exchange for an official act and never received a penny in any of the alleged schemes.

RELATED: Defense attorney of Ed Burke completes closing arguments in federal corruption trial

Prosecutors accuse Burke of using a driveway permit issue to shut down a Burger King renovation in his ward while Burke was trying to convince the wealthy fast food restaurant owners to use his private law firm for tax appeal work.

A Northwest Side Binny's owner is also among the alleged victims.

Burke is accused of shaking down the developer of the Old Post Office renovation for legal work. The scheme involved secret recordings between Burke and former alderman, turned government mole, Danny Solis, who has been granted immunity. The recording is the centerpiece of the case against Burke.

Burke was once the most powerful member of the Chicago City Council. Now he is powerless as he waits for a jury to decide his fate.

Burke sat in court with his wife, Anne, behind him.

The nine female and three male jurors are also deliberating corruption charges against Peter Andrews, Burke's long-time associate, and businessman Charles Cui.

"I think that you only needed only to listen to what the government did, in both their, opening, close as well as their rebuttal, how much the words that came out of Alderman Burke's mouth," Hotaling said.

Opening statements in the trial got underway over a month ago.