Mike Madigan trial updates: Judge denies defense motion to exclude some evidence

Madigan's defense attorneys are arguing the jury is being unfairly tainted.

Longtime Mike Madigan aide Will Cousineau testified in the former Illinois House speaker's corruption trial for the 2nd day Wednesday.

The most critical part of Wednesday's court proceedings may have taken place without either ex-aide Will Cousineau or the jury in the room, following a line of questioning that related to Cousineau's secondary role as political director of the Illinois Democratic Party.

For nearly an hour, defense attorneys argued that the jury was being unfairly tainted, as the government tried to paint a picture of an all-powerful speaker, who could withhold campaign contributions to specific House members if they did not vote a certain way.

This came as prosecutors tried to convince jurors that Madigan, through McClain, solicited bribes, along with no-work jobs and contracts from ComEd and others in exchange for favorable legislation.

The issue for now remains unresolved, but is expected to be taken up again Thursday before the jury is convened. Will Cousineau will also return to the stand.

Court wrapped up about 2:30 p.m.

Longtime Madigan aide Will Cousineau is continuing his testimony for a 2nd day.

The jury convened about 9:15 a.m. Wednesday, before Cousineau returned to the stand.

Cousineau served a dual role as both Madigan's issues director and political director of the Democratic Party of Illinois.

In exchange for his testimony, the government served Cousineau with a letter of immunity, which essentially says he cannot be charged if he testifies truthfully.

During his testimony, Cousineau has given an inside look into how the speaker's office operated under Madigan, and the people who were part of his inner circle, including Cousineau, Chief of Staff Tim Mapes, Heather Weir Vaught, Craig Willert and Mike McClain, among others. Of those, only Mike McClain was not directly employed as part of the speaker's staff.

Testimony has centered on Cousineau's role in the efforts to get two big pieces of legislation passed: EIMA in 2011 and FEJA in 2016. The two bills are at the heart of the government's corruption case against Madigan and McClain, as it relates to the ComEd portion of the indictment, specifically.

While Cousineau was not directly involved in the 2011 passage of EIMA or Smart Grid, Cousineau testified to how the speaker would often substitute members out of committees when they needed to get specific bills voted out onto the floor, and they knew the regular members would vote against the bill.

By November of 2016, Cousineau was part of several working group meetings regarding ComEd's second big legislative push, FEJA.

McClain, who was during the entire time a contract lobbyist for ComEd, was also a part of the working groups. Cousineau said he served a dual role.

"Mr. McClain certainly explained or talked about what the company was looking for. But he was also there as strategic advisor to the speaker," Cousineau said.

During the days leading up to the Dec. 1, 2016 vote, which ultimately saw FEJA become law, it became apparent that there weren't enough Democratic votes to pass the legislation. Cousineau and his staff, along with the Sierra Club, set out to convince members to sway their votes.

"I just talked to them about the bill, why they should support the bill," Cousineau said. "We wanted to get the bill passed out of the House of Representatives."

Often during his testimony, Cousineau has seemed reluctant to answer or does so in a low voice.

This is the third time Cousineau has been called to testify in a federal case related to Madigan. He was previously called both during the ComEd Four Trial and during the perjury trial of Tim Mapes, Madigan's former chief of staff.

Court took a break about 10:45 a.m.

Court will adjourn Wednesday at 3 p.m.

This is expected to be the standard end time on Wednesdays moving forward.

Former Madigan aide Will Cousineau took the stand Tuesday afternoon.

He also testified in the ComEd Four trial about how Madigan wielded power.

Ex-ComEd attorney Tom O'Neill returned to the stand Tuesday in former Illinois House Speaker Mike Madigan's federal corruption trial.

Former ComEd attorney Tom O'Neill returned to the stand Tuesday.

He resumed his testimony just after 9 a.m.

He spoke of former Illinois House Speaker Mike Madigan's influence in the naming of Juan Ochoa to the ComEd Board.

An email was brought into evidence from Madigan's administrative assistant April Burgos.

It was sent to ComEd CEO Anne Pramaggiore, and included Ochoa's resume.

It said, "Hi Anne, Speaker Madigan asked me to send this to you. Please confirm. Thanks, April."

At the time, Jesse Ruiz was stepping down from the ComEd Board. The board was mainly an advisory board, and the role came with a $78,000 a year paycheck.

O'Neill, who was in his new role at Exelon at the time, said he was forwarded Ochoa's resume, and a background check began.

O'Neill said he spoke with Pramaggiore about his concerns over having someone connected to the speaker on the board, but Pramaggiore said it was important he be selected.

Ochoa was the only candidate considered for the job, and, despite it taking over a year, he was named to the board in April of 2019.

O'Neill said he later learned others, including Rahm Emanuel, supported him, as well.

O'Neill was also asked if he thought lobbying was legal and necessary. He said "yes."

Madigan's attorney Daniel Collins tried to raise doubt on the Reyes Kurson legal contract, saying it's possible Mike McClain could have just used Madigan's name instead of working at Madigan's request.

His attorneys appeared to be working Tuesday to convince the jury what McClain did was legal lobbying.

No one else has been mentioned as an additional witness Tuesday.