(The Center Square) – Jurors continued to deliberate Monday in the Commonwealth Edison bribery trial after asking a question about grammar in the morning.
Shortly after they convened Monday morning, the jury sent a question to U.S. District Court Judge Harry Leinenweber. The question was about the use of the conjunctive “and/or” in the jury instructions. The indictment uses the word “and” while the jury instructions use the word “or.”
Leinenweber said he has seen similar issues in other cases, including the R. Kelly case.
His response to the jury was for them to follow the jury instructions over an objection from defense attorneys. Defense attorneys, led by Patrick Cotter, said the use of “or” lessened the burden of proof for prosecutors.
Leinenweber overruled that objection, but said he didn’t blame the defense attorneys for raising the issue.
Monday marked the jury’s fourth day of deliberation in the case. The deliberations started after nearly seven weeks of testimony.
Prosecutors charged former state lawmaker and lobbyist Michael McClain, former ComEd CEO Anne Pramaggiore, former ComEd lobbyist John Hooker and former contract lobbyist Jay Doherty with a multi-year scheme to gain Madigan’s support for legislation that would benefit the utility’s bottom line. The defendants have all pleaded not guilty to conspiracy, bribery and willfully falsifying ComEd books and records.
During the trial, prosecutors argued the four doled out $1.3 million in jobs, contracts and payments to Madigan associates in exchange for favorable legislation for the company in Springfield.
Defense attorneys argued they did nothing wrong. They said the conduct was legal lobbying, including efforts to build goodwill with elected officials.
ComEd agreed to pay $200 million in July 2020 to resolve a criminal investigation into the years-long bribery scheme. As part of a deferred prosecution agreement, ComEd admitted it arranged jobs, vendor subcontracts, and payments in a bid to influence Madigan.
Madigan, who resigned after losing the House speakership in January 2021, has been charged with 23 counts of racketeering, bribery, and official misconduct in a separate case alongside McClain that could go to trial in April 2024.
This article First appeared in the center square
