A pool of 50 perspective jurors have been brought in for this trial, but it's a slow process, with the judge questioning every one of them individually.
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Mapes, 68, is charged with perjury and obstruction of justice for his alleged attempt to block the federal criminal investigation of Madigan.
Mapes was part of Madigan's tight inner circle. He served as Madigan's chief of staff for many years until he was fired in 2018 in a sexual harassment investigation. He also served as executive director of the Democratic Party of Illinois.
What this case may come down to is whether jurors believe that Mapes lied to the grand jury, or whether they believe what the defense claims was a hazy memory.
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Prosecutors had offered him immunity for his testimony as they pursued allegations against Madigan in the ComEd corruption case.
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Back in 2021, Mapes testified before the federal grand jury, and was asked more than 650 questions. Prosecutors were asking Mapes about conversations between Madigan and lobbyist Michael McClain, a long-time friend of Madigan's and one of four defendants convicted earlier this year in the ComEd racketeering trial.
"You have to prove it was false, and that the person knew it was false at the time they said it. And so, saying, 'I don't recollect' or 'I'm not sure,' those are all ways that you can get around telling the absolute truth," said North Central College Political Science Prof. Stephen Caliendo.
Mapes defense, in part, will be that he had a hazy memory, which his attorney says is not a crime. Prosecutors allege Mapes was, instead, lying in seven of his answers in order to cover for Madigan.
"The fact that he accepted an immunity agreement suggests that he was willing to say certain things at least. But again, the federal prosecutors are convinced that at least on some key questions, he wasn't being truthful," Caliendo said. "So, if that's the case, and he's protecting the former speaker, then the speaker probably is worried about that."
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Mapes is also accused of obstruction of justice. He has denied those allegations.
Madigan's racketeering trial is slated to begin in April 2024. At the heart of this trial is whether Mapes lied about being privy to conversations between Madigan and McClain, or whether he knew what kind of work McClain was doing for Madigan between 2017 and 2019.
This trial was slated to last three weeks, but Monday morning attorneys indicated there will be fewer witnesses than originally planned, so it may not last that long.
The also judge ruled that the name of a one-time Madigan campaign aide, who accused Mapes of sexual harassment, would not be mentioned by name in this trial.
Jurors have been sent home for the night, and the selection process will continue on Tuesday morning. Opening statements are expected a jury is empaneled.