Mike Madigan trial updates: Cross-examination by prosecutors expected Monday

Courtroom experts tell the I-Team having the accused take the stand in this case is a gamble, especially with cross examination from federal prosecutors.

A man who's no stranger to sitting in chambers of power took an entirely different chair as a witness for the defense in his own corruption trial this week.

"I don't think this is a Hail Mary; I think this is something that he was going to do before the trial started. I think he wanted to testify," said Damon Cheronis, a criminal defense attorney.

Cheronis, who's defended alleged racketeers and international spies to movie moguls accused of sexual assault and a witness in the Madigan trial, Lou Lang, said putting Madigan on the stand is a risk.

"Cross-examination can be devastating. It can be devastating to witnesses who are telling the truth, witnesses who are lying. You have a seasoned prosecutor who gets to ask leading questions, who's been studying this case for five years now," Cheronis said.

But, there is the possibility of reward.

"I mean, he came off as a, you know, charismatic, smart, you know, charming guy, you know. And I don't think that was theater. I think that's probably how he is. And we'll see how the jury responds to it," Cheronis said.

Expected to helm cross-examination next week is seasoned federal prosecutor Amar Bhachu, who's tried hundreds of cases, including a winning corruption case against former long-time Chicago power broker Alderman Ed Burke.

"Speaker Madigan's life is on the line. His career is on the line. His reputation is on the line. So, he took a gamble, and we will see eventually, when the jury eventually gets the case, how they took that gamble. But it's a risk. It's a big risk. So, I was surprised to see it," former federal prosecutor Chris Hotaling said.

Hotaling said it's uncommon for a defendant to testify in a case like this. He said it leaves the door wide open for the feds to strike.

"When we talk about risks of having a defendant testify, that's probably the biggest one, that you're giving the government yet another shot, another bite at the apple to put forth their very, very best evidence, and doing it this time specifically questioning the defendant about it," Hotaling said.

Hotaling said jurors needed to hear from Madigan himself for any chance at a full acquittal.

Defense attorneys, prosecutors and the judge Wednesday discussed which evidence would be allowed during cross-examination.

One item of question was a phone call recording between Madigan and McClain, during which Madigan tells McClain, "some of the these guys have made out like bandits, Mike."

McClain responds, "oh my God, for very little work, too."

One prosecutor called the statements contradictory to what Madigan testified Wednesday, when he said he was angry upon finding out some were not doing any work.

The defense said the statements were not contradictory.

The government also wants to allow a 2009 Madigan interview during which he talks about the patronage system.

The defense argued that the 2009 comments and behavior were prior to the indictment: not during the 2011-2019 time period.

The judge told attorneys he doesn't want to rule on it, and encourages the attorneys to confer with each other.

There was some discussion also about whether or not they could ask Madigan questions over his knowledge of the hiring of Bobby Rush's son.

Jeffrey Rush was accused of having a sexual relationship with inmates at the Illinois Department of Corrections.

Finally, they want to ask Madigan about his knowledge of the Illinois Bribery Law.

Wednesday's court proceedings wrapped up early, and will resume on Monday.

Thursday is a day of mourning for the late President Jimmy Carter.

Madigan was asked about his involvement with ComEd's Summer Internship Program.

He testified that his office had received several requests from families in the 13th Ward neighborhood looking for summer jobs. So, they asked ComEd if they had any opportunities.

When asked if he agreed to any specific action to help ComEd, he said, "no."