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‘Did the word ‘murder’ resonate with you?”: Defense lawyers star witness in Madigan case
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‘Did the word ‘murder’ resonate with you?”: Defense lawyers star witness in Madigan case

After a star witness in the case against the former speaker of the Illinois House Michael J. Madigan gave a false answer while trying to buy a gun earlier this year, a judge warned him that he had just given “a gift” to the defense lawyers in the case.

One of those defense attorneys agreed wholeheartedly Wednesday, asking Fidel Marquez if he forgot last winter that he “pleaded guilty to a felony” and that he’s “waiting for five years?”

“Did the word ‘murder’ resonate with you on March 8, 2024?” attorney Patrick Cotter asked. “Did you remember that part of the court proceedings?”

The confrontation came at the end of Cotter’s lengthy cross-examination of Marquez, the former ComEd executive who wore a wire for the FBI. Marquez spent five days on the witness stand in the trial of Madigan and his longtime ally Michael McClain, testifying that people were given jobs without doing anything at ComEd so Madigan would look favorably its legislation.

Marquez’s testimony dates back more than a decade. And Cotter, who represents McClain, noted that Marquez testified earlier “as to what you understood Mike McClain to mean when he told you certain things … in 2012 to 2019, right? “

“Understanding is at the heart of this case between you and others,” Cotter said. “Is this deal based entirely on the same memory I’ve seen you all talk about here in regards to trying to buy the firearm?”

But Marquez only referred to a “binder full of documents” nearby — even holding it up at one point, which he said helped “refresh my memory” during his testimony.

“I didn’t have the plea agreement in my pocket or on my phone to refer to” when I tried to buy the gun, Marquez explained.

Madigan’s attorney, Tom Breen, later had his first chance to cross-examine Marquez. He raised his voice and gestured to Marquez after the former director insisted he could not “remember” whether FBI agents made him any offers in January 2019 when they convinced him to wear a wire.

“You agreed, in a criminal investigation, to wear wires to record the conversations of your four friends?” Breen said. “And you’re telling us the FBI gave you no consideration, no incentive, to set up your four friends?”

“What I said was, ‘I don’t remember,'” Marquez insisted.

Madigan’s lawyers also plan to ask Marquez about an indirect civil court finding against him in 2022.

Madigan and McClain are on trial for a racketeering conspiracy. Madigan, who resigned in 2021, is accused of running a criminal enterprise designed to increase his political power and enrich his allies, with McClain acting as an agent.

A key pillar of the case is an alleged bribery scheme involving ComEd. Prosecutors say five Madigan allies were paid $1.3 million by ComEd for jobs that do nothing so that Madigan would look favorably on his legislation. McClain has already been sentenced for his role in the scheme.

Cotter spent much of Tuesday questioning Marquez. But things got heated Wednesday when Cotter brought up Marquez’s attempted gun purchase. Marquez answered “no” when asked on a form if he was “under charge or information in any court for a crime.” He also said “no” when asked if he had “ever been convicted in any court … of a crime.”

The feds filed charges against Marquez in 2020 using a document known as an “information,” and he pleaded guilty to a bribery conspiracy that same year. In court Wednesday, Marquez testified that the word “information” didn’t “hit” him and didn’t stick with him years later.

Marquez’s attorneys told U.S. District Judge Mary Rowland in April that he tried to buy the gun to avoid rattlesnakes in Arizona, where he lives. Rowland, who is presiding over Marquez’s case, called the episode a “gift” to Madigan’s defense.

Both Cotter and Breen briefed Marquez on his long and close relationships with people he had on the record as a government source — including McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former City Club president , Jay Doherty.

Marquez said he doesn’t remember exactly what FBI agents gave him when they confronted him in January 2019.

“You were in the ComEd family, weren’t you?” Breen asked.

“Yes,” Marquez replied.

“You agreed without consideration… to carry wires to your ComEd family, correct?” Breen shot back.

Marquez said he did.