Ed Burke Trial: Solis testifies, defense rests in corruption trial of former Chicago alderman
CHICAGO (CBS) – The star witness in the case against Chicago's longest-serving alderman spent about three hours on the witness stand on Tuesday.
Danny Solis wore a wire while talking to former alderman Ed Burke, serving as the backbone for the federal corruption trial against him.
CBS 2's Political Reporter Chris Tye was in court for the latest developments.
After 16 days and 38 witnesses, testimony in the Burke trial concluded on Tuesday. Solis was the only witness called by team Burke.
It was a full and tense courtroom. Burke sat silent, with his kids and his priest behind him as Solis testified for hours.
Burke's attorney, Chris Gair, began their questioning of Solis, also a former alderman, by establishing where the power rested in City Hall over his two decades in the building, trying to establish Burke wasn't a powerful as the government presented him.
Gair: "Mayor Daley was the most powerful public office holder in the City of Chicago?"
Solis: "I thought he was a very powerful."
Gair: "Let's see if you can answer my questions. Was Mayor Daley the most powerful public official when he was in office?"
Yes, Solis said.
Solis: "Daley didn't care what Ed Burke had to say about anything."
Gair: "If Ed Burke wanted something, isn't it true Mayor Daley would do the exact opposite?"
Solis: "There was some tension between the two yes. I would say sometimes."
When talking about Chicago's next mayor, Burke's attorney asked, "Almost every time Rahm Emanuel wanted something, it happened? When Rahm Emanuel proposed something, it was enacted?"
Solis: "I would say most of the time."
Gair: "99% of the time?"
Solis: "Let's go 90% of the time."
They then moved to the day the FBI came to Solis' apartment to confront them with evidence they had on him.
Gair: "On June 6, 2016, the FBI came to your house?"
Solis: "Correct. I had no prior warning."
Gair: "They presented you with some, but not all offenses they had against you, correct?"
Solis: "Correct."
Gair: "The government showed up at your door and you were darn scared?"
Solis: "Yes."
Gair: "Your reason to cooperate with the government was to save yourself, isn't that right?"
Solis: "Yes."
Gair: "You would lie to the people to get them to make a statement."
Solis: "In my role as undercover, I was lying to people, yes."
Gair: "And you lied to people a lot of the time?"
Solis: "Some of the time."
Gair: "How many people did you wire up on?"
Solis: "I don't remember exactly. Somewhere between five and 10."
Gair: "It wasn't over 100 people?"
Solis: "I don't recall."
Gair: "You're not sure you were working to help yourself?"
Solis: "I was trying to help myself by recording Ed Burke, but I wasn't trying to get him to say a particular thing."
Gair: "Isn't it true you would regularly lie to Ed Burke about comments related to [the developer]?"
Solis: "While I was cooperating with the government, yes."
In terms of Solis creating a mechanism to get paid by Burke, known as a marketing agreement, Gair asked, "You brought up the concept of a marketing agreement. Burke said, if we can do it legally."
Solis: "Yes."
Gair: "You never did enter into an agreement, did you?"
Solis: "No."
Solis: "I didn't make it up. I was working under the direction of the government."
Gair: "It was a lie?"
Solis: "Yes."
And as for Burke's pitch to get law work in exchange for political help, Gair made the point, "The first time anyone make the link between approvals and property tax work, it was you?"
Solis: "Appears that way, yes."
Solis also explained how he won't have to spend a day in prison in exchange for his cooperation with the federal government. Prosecutors never cross-examined him.
CBS 2 Legal Analyst Irv Miller questioned the relevance of Solis' testimony in the case.
"I can't figure out ...what the advantage was to put him on the stand," Miller said.
Miller added Burke's defense was trying to "dirty him up" and cast Solis as not credible. But Miller said that it's irrelevant as the conversations were recorded and showed Burke talking about alleged attempts to shake down a Burger King franchisee. Prosecutors allege Burke tried to garner legal work from the restaurant owner in order to get city approval for a driveway permit, a problem the former alderman created in order to solve and financially benefit from.
Late Tuesday, Burke's attorneys filed a motion to acquit the former alderman on two counts related to the Field Museum of Natural History.
Burke's attorneys said one count claims the former alderman "attempted to gain property, namely money and other employment compensation to be provided by [the Field Museum]" for his goddaughter – the daughter of former Ald. Terry Gabinski – "induced by the wrongful use of actual and threatened economic harm, and under color of official right."
Burke's defense argued that "no rational trier of fact" could include that Burke tried to obtain a paid position for Gabinski's daughter – and even repudiated the museum when they made such an offer.
Early in the trial, prosecutors zeroed in on the Field Museum, saying when top brass there realized they had upset Burke – an influential voice who could have derailed plans for a fee increase six years ago – they hatched a plan to make him happy.
Burke was upset that his goddaughter was passed over for a Field Museum internship he tried to facilitate.
So when museum leaders came calling to secure his support on the fee increase, Burke is heard saying on a wiretapped phone call, "I was surprised to hear from you very frankly… "I was quite disappointed and surprised that I never heard another word after my initial request."
As the museum's government liaison explained why they were calling, Burke said: "So now you're going to make a request of me? I'm sure I know what you want me to do."
A top museum official told jurors in court, "I perceived that as a threat." The official added, "We obviously had a very upset alderman, and so we wanted to think of opportunities to have a more productive relationship."
In an email, Field Museum staff wrote: "I wonder if we can offer him a mea culpa prize…an internship for a student of his choice? "
In the end, they offered the goddaughter a full-time position that she later turned down. When Burke presented that option to the goddaughter's mother — she said: "How lucky can this kid be?"
To that, Burke summarized, "I read them the Riot Act because of how they handled the application."
Closing arguments are expected to start Wednesday afternoon with the jury likely to have the case on Monday.
