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*** UPDATED x1 *** ComEd Four jurors deliberated third day without reaching a verdict

Friday, Apr 28, 2023 - Posted by Rich Miller

* Tribune

A federal jury deliberated for a third day Thursday without reaching a verdict in the “ComEd Four” trial alleging a group of executives and lobbyists conspired to bribe then-House Speaker Michael Madigan to win his influence over the utility’s legislative agenda in Springfield.

So far, the panel of seven women and five men has deliberated for about 15 hours over three days. They will take Friday off, as has been the schedule throughout the seven-week trial, and resume discussions Monday morning.

The only communication from the jury Thursday came in the form of three notes asking for transcripts of the recorded phone calls and meetings at the center of the case. The jurors also sent a note asking how much Juan Ochoa was paid while on the ComEd board.

Ochoa testified it was about $80,000, but U.S. District Judge Harry Leinenweber responded that they should rely on their collective memories.

* One of the transcripts jurors requested…


That was the much-anticipated meeting when ComEd CEO Joe Dominguez was finally briefed about the Madigan subcontractors by Mike McCain and Fidel Marquez. McCain and other defendants were worried that Dominguez, a former Assistant US Attorney, wouldn’t approve of the scheme. But Dominguez said he was “fine” with it, although he was under the impression that the subcontractors could be deployed by the company in a pinch. Dominguez was never charged, but things did get a little rough for him on the stand

Dominguez grew annoyed with Bhachu’s line of questioning and accused the prosecutor of taking his words out of context.

“As you full well know, I went on to tell Mr. Marquez that ‘Everything we do here needs to be on the up and up,’” Dominguez said.

Dominguez then attempted to tell the court what Bhachu allegedly told him during that September 2019 proffer meeting, but Bhachu quickly cut him off.

“If you’re going to start talking about what I said, you might want to not do that because it might not work out well for you,” Bhachu said before telling Judge Leinenweber that Dominguez was out of line in bringing up their conversation. “What I said is inadmissible.”

The dust-up elicited accusations from the defense attorneys that Bhachu was threatening a witness.

* But was the jurors’ request significant? Maybe not…


The jurors also asked for “at least two transcript binders.” As the Tribune’s Jason Meisner quipped, “It’s fairly clear from this question that we should not be on the edge of our seats for a verdict today.”

Jurors return Monday.

*** UPDATE *** Crain’s

What about other executives at ComEd and parent Exelon who not only knew of parts of the alleged scheme and did nothing to stop it, but also signed off on key elements?

As part of his final address to jurors, lead prosecutor Amarjeet Bhachu provided an answer: No one at the utility or its parent, except Pramaggiore, had the full view of the pile of favors being done for Madigan. […]

In a slide shown to jurors as Bhachu discussed the issue, the names of the three were shown with this comment: “1. ‘The question is whether the defendants had corrupt intent — not someone else.’ ”

“None of those folks had the full picture,” Bhachu said.

       

20 Comments
  1. - Flyin' Elvis'-Utah Chapter - Friday, Apr 28, 23 @ 10:05 am:

    Sounds like the jury is taking their responsibilities quite seriously.

    Good on them, and justice. If Madigan skates on this can I be the one to tell Bost?


  2. - MisterJayEm - Friday, Apr 28, 23 @ 10:18 am:

    I’d just like to take the opportunity to thank all of the decision-makers involved for going with “The ComEd Four” as the name for this scandal rather than “ComEd-gate.”

    It’s very much appreciated.

    – MrJM

    p.s. If we simply *must* go that route to distinguish Madigan’s legal woes from those of The ComEd Four, can we please go with “Madigate”? Thank you.

    p.p.s. I am not a kook.


  3. - Hannibal Lecter - Friday, Apr 28, 23 @ 10:20 am:

    === p.p.s. I am not a kook. ===

    If you have to tell us that, then… lol


  4. - Donnie Elgin - Friday, Apr 28, 23 @ 10:28 am:

    If the ComEd four are acquitted, MJM should consider sending the jurors a Simon Pearce engraved crystal clock.


  5. - Arsenal - Friday, Apr 28, 23 @ 10:45 am:

    ==If the ComEd four are acquitted, MJM should consider sending the jurors a Simon Pearce engraved crystal clock.==

    Don’t forget about the SCOTUS justices that were in the majority for the Bob McDonell case.


  6. - DuPage - Friday, Apr 28, 23 @ 11:00 am:

    If Dominguez is on tape saying “everything we do here has to be on the up and up” then it might be exculpatory and should be allowed to be considered by the jury.


  7. - Suburban Mom - Friday, Apr 28, 23 @ 11:30 am:

    I feel like the longer they deliberate, the better for Madigan — what do others think? I can’t tell if I’m having a good insight here or just inventing things in my brain.


  8. - Oswego Willy - Friday, Apr 28, 23 @ 12:21 pm:

    Jury speculation is only fun when you are not the one whose life is hanging on a decision.

    To that, anyway, there’s little wrong with being deliberate in deliberations, taking serious both the consequences but also what is being charged as serious enough to be resolute in the decision.

    Our imperfect system is the best in the world, which is a bar one can decide how high it is to clear.

    However it falls, I believe in the system as best it can be with its imperfections.

    “So, we wait”


  9. - Telly - Friday, Apr 28, 23 @ 12:30 pm:

    Four defendants with varying fact patterns – you could see how it might take the jury a while. Interesting that the judge didn’t try to speed things up and instead maintained the “Fridays off” schedule that the trial followed. Could’ve kept them in deliberations until they came up with a verdict.


  10. - Oswego Willy - Friday, Apr 28, 23 @ 12:34 pm:

    ===Could’ve kept them in deliberations until they came up with a verdict.===

    Who exactly is in any hurry?

    It’s not like these folks are claiming they are helplessly deadlocked…


  11. - Been There - Friday, Apr 28, 23 @ 12:43 pm:

    ===Who exactly is in any hurry?====
    Well earlier in the week there was a juror who said they had plane tickets for Monday. But my guess is they told them to cancel and they were not going to have the lives of these four decided on vacation plans.


  12. - cermak_rd - Friday, Apr 28, 23 @ 1:03 pm:

    do federal juries get paid more than county juries? Because I remember my “salary” being quite meager and if I had to live on it for long, at that time, I would have been in trouble. So I could see why jurors might be getting antsy. On the other hand having Friday off would be get if they have to get to Shabbos services or do their shopping or other errands. The lawyers, reporters etc get paid either way why should they be in a hurry?


  13. - Astronax - Friday, Apr 28, 23 @ 2:18 pm:

    Two full transcription binders. They certainly are taking this seriously. Usually a good sign for justice.


  14. - Oswego Willy - Friday, Apr 28, 23 @ 2:30 pm:

    ===Well earlier in the week there was a juror who said they had plane tickets for Monday. ===

    Didn’t they dismiss the juror.

    Use the Google Key on that…


  15. - Oswego Willy - Friday, Apr 28, 23 @ 2:31 pm:

    ===Usually===

    Usually is doing a lot of work here.


  16. - JoanP - Friday, Apr 28, 23 @ 2:40 pm:

    = Could’ve kept them in deliberations until they came up with a verdict. =

    They used to do that. They’d sequester juries without food or drink.

    “The hungry Judges soon the Sentence sign,
    And Wretches hang that Jury-men may Dine” (Alexander Pope, “The Rape of the Lock”)


  17. - Loop Lady - Friday, Apr 28, 23 @ 2:42 pm:

    Oh please gag me with a spoon…this sucks.


  18. - Been There - Friday, Apr 28, 23 @ 3:34 pm:

    =====Didn’t they dismiss the juror.
    Use the Google Key on that…====

    OW, sorry I did but couldn’t find anything. But after finding the post on Twitter where Jon Seidel posted it I think you are correct. The post said the defense asked to dismiss and Feds didn’t object. I didn’t see where how the judge ruled but I would assume the judge allowed it.


  19. - Bigtwich - Friday, Apr 28, 23 @ 3:45 pm:

    With beating hearts the dire event they wait,
    Anxious, and trembling for the birth of Fate.

    Alexander Pope


  20. - NorthSideNoMore - Friday, Apr 28, 23 @ 4:04 pm:

    Probably tough for jury when you have four separate people in a trial like this? Is this a One for All or All for One or can individuals can be sent home while others go to the club fed


Sorry, comments for this post are now closed.


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