Government witness Will Cousineau is not done testifying after spending parts of three days on the witness stand at the bribery and racketeering trial of former Illinois House Speaker Michael Madigan and co-defendant Michael McClain.
Cousineau worked in Madigan’s office and for the Democratic Party of Illinois for more than 15 years before becoming a lobbyist. He said that he served from around 2008 to 2016 as political director and issues director for the Illinois House Democratic Caucus and for the state Democratic Party. Cousineau was also a senior adviser to then-Speaker Madigan.
Along with McClain, Madigan is charged with 23 federal counts of bribery, racketeering and official misconduct. Prosecutors allege they used Madigan’s public office to steer contracts and little- to do-nothing jobs for their associates in exchange for legislation favorable to utility Commonwealth Edison. ComEd entered a deferred prosecution agreement with prosecutors in 2020 and agreed to cooperating with officials.
Prosecutors questioned Cousineau about gaming legislation sponsored by state Rep. Bob Rita, D-Blue Island. In a recorded conversation between Cousineau and McClain, Cousineau referred to then state Rep. Michael Zalewski, D-Riverside. Zalewski served in the statehouse from 2008-2023. His father, also named Michael Zalewski, had previously served as a Chicago alderman.
“I know the Speaker is a little low on Zalewski right now, generally. At the end of the day, I find him to be a good trooper for us. I don’t think it hurts to have him as part of …” Cousineau said in the recorded call.
“The penalty box again?” McClain interrupted.
“I just don’t know if he’s ever gotten out of the penalty box,” Cousineau replied.
Prosecutors played several recordings of phone conversations between Cousineau and McClain.
Cousineau described then-State Rep. Eddie Acevedo as “not a hard-working member” of the state legislature. Acevedo was a member of the General Assembly from 1995 to 2017. He testified during the ComEd Four trial last year and is expected to testify during the Madigan trial.
Cousineau gave testimony about McClain’s efforts to obtain work for outgoing Madigan staffer Kevin Quinn, who faced a sexual harassment claim. Prosecutors entered an agreed stipulation that Madigan was informed of the allegation against Quinn in November of 2017 and that Quinn was dismissed from his job in Madigan’s office early in 2018.
After a lunch break, attorneys discussed questioning of witnesses about legislation not involving utility bills. Judge Robert Blakey said the court is not reviewing policy decisions by the General Assembly, but he then added that the case is about legislation.
Defense attorney Dan Collins specifically brought up a measure he referred to as the “Marriage Equality Act” and discussed how Madigan pushed for support of the legislation.
In cross-examination, Collins asked Cousineau if Madigan had said that “McClain is not our friend,” when it came to ComEd. Cousineau replied that he was not sure if Madigan had used those words, but he testified that Madigan was skeptical of ComEd.
Collins also referred to a recording played Wednesday afternoon from May of 2018, when McClain and Cousineau discussed Madigan’s dissatisfaction with state Rep. Kelly Cassidy, D-Chicago.
“I tell ya, this Kelly Cassidy is going … Madigan’s doing a slow burn on her,” McClain said on the recording.
“Yeah,” Cousineau replied.
“She ought to be real careful. He won’t need her votes for speaker or for the rules. She may find herself way over in outer hemisphere,” McClain warned.
Cassidy had called for an investigation of the sexual harassment allegations against Kevin Quinn.
Cassidy told The Center Square that the culture in Springfield has improved since the days when Madigan was speaker.
“I would say that, at the bare minimum, it’s more subtle. In reality, it is dramatically better. There is an understanding of what the no-fly zones are,” Cassidy said.
Before the jury entered the courtroom Thursday morning, McClain defense attorney John Mitchell asked Blakey to exclude recordings prosecutors presented about Quinn. Mitchell said the evidence involved uncharged conduct and said the evidence was excluded from the ComEd Four trial by Judge Harry Leinenweber. Mitchell asked that certain portions of that evidence be retracted.
McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty were convicted of conspiracy, bribery and willfully falsifying books and records last year. The case involved a conspiracy to bribe Madigan with $1.3 million in no-show jobs, contracts and payments to associates in exchange for support with legislation that would benefit the utility’s bottom line.
Prosecutor Julia Schwartz countered Mitchell’s argument by pointing to relationships between the evidence and the indictment against Madigan and McClain, who are facing 23 counts of bribery, racketeering and official misconduct.
Madigan defense attorney Todd Pugh argued that the evidence about Kevin Quinn should apply to McClain but not to Madigan. Schwartz pointed to indictment Count 1 and said the evidence proves part of their case. Prosecutor Amarjeet Bhachu added that the evidence was “dead-bang,” squarely within the allegations in Count 1 involving bribery and racketeering conspiracy.
Blakey asked defense attorneys, “Why are we doing this now?” Mitchell admitted that they could have raised the issue sooner.
Blakey took a few minutes to consider the arguments and then denied the defense teams’ motion about the Quinn evidence, agreeing it was squarely within the allegations in count one.
The judge did “partially deny and partially sustain” an objection raised by defense attorneys about a discussion of Democratic Party of Illinois campaign funding when former state Rep. Scott Drury testified.
Regarding Democratic Party of Illinois campaign funding, the judge said every piece of evidence going forward might not be admissible if he determined it to be cumulative. Blakey also said the campaign funding issue could have been raised during pretrial instruction, because it was not a surprise for the defense.
The jury was not seated until 10:12 a.m.
Blakey adjourned proceedings at 2:00 p.m. to allow jurors to celebrate Halloween.
The trial is scheduled to resume Monday, Nov. 4, at the Everett McKinley Dirksen U.S. Courthouse in Chicago.
Brett Rowland contributed to this story.
