A federal judge ruled Wednesday that former Illinois state Rep. Edward Acevedo must testify in the corruption trial of ex-House Speaker Michael Madigan, who is accused of inducing utility giants ComEd and AT&T Illinois to pay Acevedo nearly $150,000 on consulting contracts for little or no work.
Acevedo, 61, a Chicago Democrat who served on Madigan’s leadership team before leaving the legislature in 2017, was granted immunity by the U.S. attorney’s office after indicating he’d invoke his constitutional rights against self-incrimination.
But Acevedo’s attorney, Gabrielle Sansonetti, then objected on health grounds, arguing Acevedo has been diagnosed with dementia and that his memory issues should preclude him from taking the stand.
U.S. District Judge John Robert Blakey interviewed Acevedo in his chambers Tuesday afternoon and ruled Wednesday morning that Acevedo would have to testify next week.
“There’s a distinction between credibility, which is an issue for the parties to argue and the jury to determine, and a separate … question of competency,” Blakey said.
If the parties agree, Acevedo’s testimony could be video recorded on Monday and played for the jury on Tuesday, rather than have him live on the witness stand, to avoid any outbursts or irrelevant remarks, the judge said.
Sansonetti continued to argue Wednesday before Blakey’s ruling that Acevedo is not fit to testify, saying putting him on the stand “to just humiliate him” makes no sense.
Acevedo is central to an alleged scheme in the indictment against Madigan alleging AT&T Illinois paid Acevedo a total of $22,500 through a do-nothing consulting contract in exchange for Madigan’s support of a bill to end mandated landline service.
The indictment alleged Acevedo also was paid $120,000 by Commonwealth Edison in a strikingly similar bid to win the speaker’s support for its legislative agenda.
Acevedo has not been charged in Madigan’s case, but pleaded guilty to related tax charges and was sentenced in 2022 to six months in prison. His sons, Alex and Michael Acevedo, also were convicted of tax charges related to the money Acevedo took in through his consulting firm.
Acevedo had not previously been called to testify in any of the Madigan-related prosecutions, but he’s been a feature of testimony in all of them.
In the trial of ex-AT&T Illinois boss Paul La Schiazza in September, lobbyist Tom Cullen, one of Madigan’s top former political aides, testified Acevedo called him and blew his stack after learning that AT&T had offered to pay him only $2,500 a month — even though he knew he didn’t have to do any work.
“He basically said, ‘What the F is goin’ on here? I’m worth more money,’” Cullen testified, adding that his recollection was that Acevedo demanded double what was being offered.
When Cullen was asked to use Acevedo’s exact words, Cullen quoted Acevedo as saying, “F— AT&T, they can kiss my ass.’”
The jury in Madigan’s trial has seen emails and heard wiretapped recordings detailing the push to get Acevedo some money as he transitioned out of politics, an assignment that was largely handled by Madigan’s longtime confidant and now-codefendant, Michael McClain.
The jury has also heard much about Acevedo, including a number of unflattering comments in emails and wiretaps accusing him of boorish behavior and excessive drinking. But he has not appeared in any of the audio or video recordings in the case, and the only image of him seen so far in court has been his driver’s license photo.
Acevedo also allegedly was hired by ComEd as a favor to Madigan, one of many people whom prosecutors say were given jobs as part of a bribery scheme. Jurors last month saw a memorable email in which then-ComEd executive Fidel Marquez seemingly lost his cool after Acevedo asked for a job for a friend.
“Geez…he has a son and a nephew at ComEd. He’s got a contract at ComEd. Has he no limit?” Marquez emailed McClain.
McClain responded using his frequent euphemism for Madigan, saying that Marquez’s rant “sounded like our Friend.”
Jurors also heard a November 2018 wiretapped call where former state Rep. John Bradley, one of Madigan’s allies who allegedly took on ComEd subcontractors, told McClain he hadn’t “heard any complaints from anybody.”
“Unless Eddie Acevedo doesn’t get his check within 12 hours of when he thinks he’s supposed to get it,” Bradley said.
McClain burst into laughter. “Yeah. He’s something isn’t he?’
Madigan, 82, of Chicago, who served for decades as speaker of the Illinois House and the head of the state Democratic Party, faces racketeering charges alleging he ran his state and political operations like a criminal enterprise.
He is charged alongside his longtime confidant Michael McClain, 77, a former ComEd contract lobbyist from downstate Quincy. Both men have pleaded not guilty and denied wrongdoing.
The controversy over Acevedo’s testimony comes as prosecutors are winding up their evidence. Assistant U.S. Attorney Amarjeet Bhachu told the judge on Tuesday that they were “about out of witnesses” and will likely rest their case in chief early next week.
With time for anticipated defense evidence and a weeklong break for Christmas, Blakey said closing arguments will likely be presented shortly after New Year’s Day and could last three days.
After the jury was sent home for the day Tuesday, Acevedo appeared in Blakey’s 12th-floor courtroom using a walker for support and looking substantially older than he did at his sentencing hearing on tax charges in 2022, which was held via video due to the ongoing pandemic.
Acevedo, a former Chicago police officer, sat in the front row of the courtroom and did not appear to interact with Madigan, who was seated a few feet away at the defense table.
When Blakey summoned the parties back to his chambers, Acevedo, dressed in gray slacks and a gray vest bearing a Chicago police star insignia, maneuvered his walker slowly around the prosecution table, followed by Sansonetti.
They remained in chambers for about half an hour.
