Madigan prosecutors trying again to make AT&T conspiracy case before new jury

Federal prosecutors in Chicago have won convictions at the end of nearly every trial over the last two years tied to the investigation of former Illinois House Speaker Michael J. Madigan.

The lone exception came in September, when a jury failed to reach a verdict in the case of former AT&T Illinois President Paul La Schiazza, who is accused of bribing Madigan.

Now, for the second time in three months, the feds have begun to lay out evidence of that alleged AT&T conspiracy. This time it’s Madigan himself who is on trial, along with ally Michael McClain, accused of a much broader racketeering conspiracy. 

But prosecutors are taking a different approach this time around. And they’re doing so with a ruling expected in the coming days on La Schiazza’s fate.

At the center of the AT&T allegations is former state Rep. Edward “Eddie” Acevedo, 61, who appeared in the trial courtroom Tuesday using a walker. Shortly after he arrived, McClain walked by him and waved his fingers toward Acevedo without raising his arm.

Prosecutors want jurors to hear Acevedo’s testimony. U.S. District Judge John Blakey issued an immunity order preventing Acevedo from invoking his Fifth Amendment right not to incriminate himself. But Acevedo’s lawyer says he has dementia and isn’t competent to testify.

So Blakey spent part of his afternoon meeting with lawyers and Acevedo in his chambers as he considers whether Acevedo’s lawyer is right. The judge told Acevedo and his lawyer to return to court Wednesday morning, when the judge is expected to rule.

If Acevedo does testify, it may turn out to be by video deposition. Blakey suggested the idea while raising the possibility of "contemptuous conduct” by Acevedo on the witness stand.

Acevedo has been described to multiple juries as being “loose-lipped,” belligerent and profane, having a drinking problem and acting “borderline unprofessional.”

“F— AT&T,” Acevedo allegedly said when initially offered money by the utility in 2017. “They can kiss my a–.”

He served a six-month sentence in 2022 for income tax evasion.

Acevedo did not testify in La Schiazza’s trial. But while prosecutors have added him to their witness list, they’ve apparently removed former AT&T lobbyist Stephen Selcke, who testified last time around.

Madigan attorney Dan Collins told the judge Tuesday that, “it’s not a shock.”

Selcke, he said, “doesn’t back” the feds’ theory.

Prosecutors say AT&T bribed Madigan in 2017 by paying $22,500 to Acevedo while the utility sought to pass crucial legislation in Springfield. But Selcke’s testimony in La Schiazza’s trial did not always seem to go the feds’ way, as Collins noted.

When a prosecutor asked Selcke whether Acevedo’s hiring was “in any way related” to AT&T’s bill, Selcke said, “in my mind, no, it wasn’t.”

And when asked by a defense attorney if Selcke thought Acevedo’s contract would convince Madigan to move AT&T’s legislation forward, Selcke said, “no, I did not feel that way or think that way.”

The La Schiazza trial ended in a hung jury. Defense attorneys have asked U.S. District Judge Robert Gettleman to acquit La Schiazza, and the judge has said he’ll rule by late next week.

Before prosecutors turned to the AT&T allegations, they closed the chapter on claims involving former Ald. Danny Solis (25th) and a parking lot in Chinatown by calling former state Rep. Avery Bourne to the witness stand.

Solis asked Madigan for help in 2017 having the parking lot property transferred to the city of Chicago so that developers could build a hotel. Madigan put Solis in touch with McClain, who enlisted Springfield lobbyist Nancy Kimme, since Madigan was in a feud with Republican Gov. Bruce Rauner.

Solis later told McClain that developers would give business to Madigan’s private tax appeals law firm if the land transfer went through.

Bourne, once seen as a rising GOP star in Illinois politics, testified that she was asked to amend a bill to include the Chinatown property transfer. Republican lobbyists working for Kimme followed up with repeated requests for updates.

Bourne, who represented the 95th District in central Illinois, was appointed to the office in 2015 at age 22. She left the Illinois General Assembly in early 2023 after losing a 2022 primary bid as Aurora Mayor Richard Irvin’s running mate in his bid for governor.

In a text message, Bourne wrote to lobbyist Ryan McCreery that she would not support the amendment if the Illinois Department of Transportation opposed it. After repeated requests, she was finally asked by another lobbyist to put in “permissive” language — the state “may” transfer the land, instead of “shall.” Bourne agreed to do so procedurally, but later killed the amendment.

Then-Illinois House Republican Leader Jim Durkin was among those who reached out to Bourne about the measure, asking her whether she’d consider transferring the bill to then-Democratic state Rep. Dan Burke. Bourne testified that the Burke request “raised suspicions” for her.

Bourne was asked by Madigan attorney Tom Breen whether she had connected the dots that the legislative ask went back to Kimme.

“I don’t know that I knew she was involved at the time,” Bourne said.