Will Cousineau spent more than 15 years working for Madigan and for the Democratic Party of Illinois. He referred to Madigan as the “ultimate decision maker” three different times during his testimony. After hearing a recorded conversation he had with former lobbyist and Madigan co-defendant Michael McClain, Cousineau confirmed that McClain was referring to Madigan when he said, “the real client.”

Near the end of Wednesday’s court session, prosecutors displayed emails between Cousineau and McClain about gaming legislation sponsored by a Madigan ally, state Rep. Bob Rita, D-Blue Island.

U.S. government prosecutor Julia Schwartz asked Cousineau about legislative districts in Illinois and how district maps are redrawn every 10 years. Cousineau said Madigan was not involved in the day-to-day redistricting efforts, but he said Madigan oversaw what was going on at a global level.

Cousineau described a meeting with Madigan and other associates in 2014 to discuss the Fair Maps initiative to allow a nonpartisan committee redraw districts, which Madigan opposed. The proposal would have taken redistricting out of the hands of sitting lawmakers. Cousineau said that ComEd executive John Hooker supported efforts to block the initiative. The Illinois Supreme Court later prevented the measure from getting on the ballot for voters to consider.

The anti-gerrymandering group Common Cause gave Illinois an “F” grade last year, citing a lack of public participation that has routinely gotten in the way of producing political maps reflective of the state’s demographics.

After the jury departed for lunch, Madigan defense attorney Dan Collins objected to the prosecution’s lines of questioning regarding legislative redistricting and campaign funds, saying they were irrelevant and presented a danger of unfair prejudice. McClain defense attorney Patrick Cotter joined the motion. For the prosecution, Schwartz argued that the questioning was related to the count of racketeering conspiracy and read directly from the government’s indictment. Judge John Robert Blakey reminded prosecutors to follow pretrial limiting instructions about Madigan’s control.

In defense of McClain, Cotter made an earlier motion to strike a portion of Cousineau’s testimony when Cousineau said he believed McClain was with Madigan when the speaker called him about the Future Energy Jobs Act. Schwartz questioned Cousineau a second time without the jury present and pointed to Cousineau’s grand jury testimony about the matter. Cousineau reiterated that he did not have a recollection about how he knew McClain was present. Blakey agreed to strike two questions and answers from the record.

Before the jury entered the courtroom Wednesday morning, Madigan defense attorney Todd Pugh complained to Blakey that prosecutors were getting outside of a narrow focus he felt they were supposed to have regarding discussions with certain witnesses.

Pugh said that former Democratic Party of Illinois campaign staffer Alaina Hampton, who has not yet testified, had become a “Swiss Army knife” of a witness. Pugh argued that Hampton should not be allowed to testify about campaign contributions. Schwartz said she expected Hampton to testify next Monday.

Hampton said in 2018 that former Madigan staffer Kevin Quinn sexually harassed her during the 2016 campaign. Hampton said she informed Madigan in a personal letter. After that, she said she wasn’t allowed to take part in other political campaigns. Months later, she filed a discrimination lawsuit against Madigan’s political operations. 

Kevin Quinn’s brother Marty Quinn was a longtime Madigan ally. Marty Quinn remains an alderman in Chicago’s 13th Ward.

After the allegations led to Kevin Quinn being expelled from his work for the Democratic Party, prosecutors say McClain arranged payments to Quinn. In emails from McClain to others – who sent a total of $30,000 in checks to Quinn in exchange for contract work that required little or no effort – McClain told Quinn and the lobbyists writing the checks that the matter was confidential.

Schwartz said Wednesday morning prosecutors agreed that Hampton’s sexual harassment claim was not relevant, but she said that prosecutors would discuss findings of misconduct. Defending Madigan, Collins said that there should not be discussion about Madigan not responding quickly enough to sexual harassment claims in his ward office.

Pugh also said there was another area of limiting instruction he was concerned about with state Rep. Bob Rita, D-Blue Island, if Rita were to return to the witness stand. Rita testified for ten minutes last Thursday but has not returned. Pugh also expressed concern about prosecutors’ questioning of former state Rep. Lou Lang, D-Skokie, and about issues raised on recordings played by prosecutors.

Blakey said he was not concerned about issues with recordings, but he said he would be attentive to concerns the defense raised about witness testimony.

Madigan served in the Illinois House from 1971 to 2021, as speaker from 1983 to 1995 and again from 1997 to 2021. That made him one of the state’s most powerful politicians, especially given his role as head of the Democratic party in the state. He faces 23 counts of racketeering, bribery and official misconduct. Madigan has pleaded not guilty.

In March 2022, Madigan and McClain were charged with 22 counts of racketeering and bribery for alleged improper dealings with the state’s largest utility, ComEd.

Prosecutors further allege that Madigan used his political power to unlawfully steer business to his private law firm, Madigan & Getzendanner. In October 2022, prosecutors filed a superseding indictment that charged Madigan and McClain with conspiracy related to an alleged corruption scheme involving AT&T Illinois.

In 2020, federal prosecutors and Exelon subsidiary ComEd reached a deferred prosecution agreement. As part of the agreement, the utility admitted it paid $1.3 million in jobs and contracts to associates of Madigan over nine years to influence the former House speaker. ComEd agreed to pay a $200 million fine. A former ComEd official, Fidel Marquez, pleaded guilty to bribery charges in September 2020.

A jury convicted four former ComEd lobbyists and executives in a bribery and corruption trial last year.

Many Illinois politicians have discussed the need for ethics reform in the legislature, but Reform for Illinois Executive Director Alisa Kaplan told The Center Square there has been little meaningful change. Kaplan said there are reasons legislators sometimes don’t like ethics rules.

“It’s human nature not to want to restrain yourselves. We’re asking lawmakers to make rules that could possibly impose criminal liability on them or prevent them from making money in ways that they would like to have the opportunity to do,” Kaplan explained.

The trial is scheduled to resume Thursday, although Blakey said he would release jurors early Thursday afternoon for Halloween. The judge said earlier this week that the proceedings next Tuesday would not begin until 11 a.m. so that jurors could vote on Election Day before coming to court.

The courthouse will not be open on Monday, November 11, due to the Veterans Day holiday. The judge and attorneys have not publicly discussed revising the estimated trial length of 11 weeks.