Usa news

Ex-Illinois House Speaker Michael Madigan asks judge for freedom while he appeals his conviction

Former Illinois House Speaker Michael J. Madigan asked a judge Monday to let him stay out of prison while he appeals the conviction that led to a 7 ½-year prison sentence he’s due to begin serving in three months.

“Few areas of criminal law are more complex, and more rapidly evolving, than federal bribery law,” his lawyers wrote in a 21-page court filing.

They argued that “this complex and vigorously litigated case easily clears the substantial question hurdle” they face to keep Madigan out of prison. Specifically, they pointed to “complex issues” in the jury instructions and said the case could require a new trial.

The motion filed Monday by Madigan’s lawyers is no surprise — they warned U.S. District Judge John Blakey it’d be coming after Blakey handed down the harsh sentence June 13.

But it formally kicks off Madigan’s bid to remain a free man as the clock ticks down toward his surrender date. Blakey ordered Madigan to report to the Federal Bureau of Prisons Oct. 13.

Madigan is 83. If he reports in October as ordered, he could be nearing his 90th birthday by the time he’s released. But if his latest request is granted, he could remain free while his appeal takes months — or even years — to play out.

To be successful, Madigan will likely need to convince a judge that his appeal raises a substantial question of law or fact that could result in reversal or a new trial, or sentences of no prison time or prison time that’d be less than needed to deal with his appeal.

The Southwest Side Democrat’s trial was delayed by six months last year after the U.S. Supreme Court took up a separate corruption case involving a bribery law at issue in Madigan’s.

Though members of the high court wound up debating what it means to act “corruptly” as described in the statute, the justices did not ultimately define the term. It then became a matter of debate while lawyers sorted out jury instructions during Madigan’s trial.

Blakey had harsh words for Madigan during the former speaker’s sentencing last month. The judge accused Madigan of lying on the witness stand at trial and called it a “nauseating display.”

But even if Blakey denies Madigan’s request, lawyers for the former politician could then make the same request to judges in the 7th U.S. Circuit Court of Appeals.

It’s been five months since a jury convicted Madigan, the country’s longest-serving state House leader, of a bribery conspiracy, wire fraud and other crimes.

The jury found Madigan guilty of a nearly decadelong plot in which ComEd paid $1.3 million to Madigan’s allies so Madigan would look favorably at the utility’s legislation.

Jurors also convicted him of a scheme to install former Ald. Danny Solis on a state board in exchange for his help securing private business. Solis was wearing a wire for the FBI at the time, in a bid to avoid prosecution for his own alleged crimes.

Madigan’s bid to remain free will likely be closely watched by four others convicted for their role in the ComEd conspiracy. They are longtime Madigan confidant Michael McClain, former ComEd CEO Anne Pramaggiore, ex-Comed lobbyist John Hooker and onetime City Club President Jay Doherty. Hooker was sentenced to 18 months in prison on Monday. The other three are still awaiting sentencing.

Prosecutors have sought sentences of nearly six years behind bars for McClain and Pramaggiore but have yet to make public their recommendation for Doherty.

Exit mobile version