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OPINION

By Scott Reeder

Mike Madigan is testifying in his own defense.

When he took the stand in federal court Tuesday, I was stunned.

Defendants – particularly in high-profile cases -- rarely testify. It’s usually considered a dumb move.

And there’s the rub. Madigan is anything but stupid. He’s arguably the most brilliant political tactician in the state’s history. He reigned over the Illinois House for 36 years – longer than any politician has led any states’ legislative chamber in the history of the United States.

The 82-year-old Chicago pol looked straight at the jurors and denied ever having taken a bribe. His lawyer tried to build sympathy for the former speaker by asking about his childhood.

“My parents never told me that they loved me. We never embraced, never hugged,” the famously private leader told jurors of his upbringing. He described his father, who was then a recovering alcoholic, as a man prone to anger.

Whether these personal revelations will pay off with a “not guilty” verdict remains to be seen.

But in past Illinois corruption trials, such testimony has not proven beneficial.

When former Illinois Gov. Otto Kerner testified in his own trial back in 1973, he came off as arrogant and deceptive. The jury convicted.

When Rod Blagojevich tried to shmooze jurors from the stand he told them of his love for baseball and even recited poetry. He came off as slippery and dishonest. Jurors again voted to convict.

Madigan is hoping for a different outcome in the racketeering and bribery trial in which he is accused of using his influence and power to secure work for his law firm that helped developers with their real estate taxes. He’s also accused of shepherding legislation supported by Commonwealth Edison in exchange for the utility providing jobs to his allies.

Mike Lawrence, who covered Madigan as a statehouse journalist and later interacted with him when he was a senior advisor to then-Gov. Jim Edgar, was contemplative about Madigan’s trial strategy.

“I don't think he'd be doing this unless he thought that the potential positives outweighed the risks,” he said. “One reason that defendants often do not testify is that they have said things in interviews with law enforcement agents or made statements on tape that can be used against them in cross examination.”

And jurors have been listening to recordings for months.

There must be a fair amount of confidence on Madigan’s part that he can either rebut or mitigate any of the recordings the jurors have heard.

Over the years, I’ve posed many questions to Madigan. I’ve never known him to lie. But he is the master of giving non-answers. One of the first questions I ever asked him, 38 years ago, was whether he supported an income tax increase. Rather than say, “yes” or “no” he responded, “I remain unconvinced.”

Such verbal footwork may be effective in press conferences, but they would be off-putting to jurors if he tries such an approach from the stand.

Perhaps the most damning recording entered into evidence were made by government mole and then-Chicago alderman Danny Solis.

Solis was recorded telling Madigan that the developers of a West Loop apartment complex would eventually be convinced to retain Madigan’s property tax appeals law firm.

Solis chaired Chicago’s Zoning Committee, which the developers needed to appear before, and according to press reports Solis said they would understand that it was expected that the developers hire Madigan’s law firm and their zoning changes would be approved.

“I think they understand how this works,” Solis told Madigan. “The quid pro quo.”

Robert Hirschhorn, a nationally known, Texas-based defense attorney and jury consultant, was dismissive of the impact this would have with jurors – particularly if Madigan himself responds from the stand.

“My advice unequivocally is that he should testify. He has to testify. For all intents and purposes this is a death penalty case for him because if he loses at his age by the time it runs its course on the appeal, he could very well die in prison. And despite his advanced age, I still think the judge would be inclined to sentence him to prison.”

As for the recordings, Hirschhorn, who is not involved with the case, was dismissive. He noted that the “quid pro quo” statement came from the government mole – not Madigan.

“It wasn't words coming out of his mouth. It was words coming out of the federal snitch’s. So, he's trying to entrap him. All (they) gotta do is get the jury to hate the snitch. … He's had a lot of legal problems of his own. That's why he set the Speaker up -- so he could try to work his way out of his problems. I think the Chicago jury is going to be willing to listen to (Madigan) because it's not like he went to the snitch.”

Solis spent more than 30 months living a double life as an FBI cooperating witness. Agents asked him in 2016 to wear a wire when meeting with other politicians -- or risk being charged with bribery.

Madigan will undoubtedly be questioned about the surreptitiously recorded conversations with Solis. Whether he is able to creditably rebut the evidence from the stand will likely determine his fate.

Charles Wheeler III, a retired journalism professor at the University of Illinois-Springfield covered Madigan when he was a statehouse reporter in the ‘60s, ‘70s and ‘80s.

“I think he's honest, basically. He grew up in a culture where things were considered to be appropriate and honest in terms of patronage that nowadays are frowned upon. And his, his original mentor, of course, was Richard J. Daley. And Daley was famous for having the Democratic machine. … You supported your allies. You helped them get jobs. You gave them recommendations for contracts. You tried to assist them however you could. And nowadays, that's considered improper. And so, Madigan grew up in that culture. The rules have changed, but he still was operating in that culture.”

Scott Reeder, a staff writer for Illinois Times, began covering Mike Madigan 38 years ago.