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Feds seek 12.5-year sentence for former Illinois House Speaker Michael Madigan; defense asks for probation

Federal prosecutors are seeking a steep 12 ½-year prison term and $1.5 million fine for former Illinois House Speaker Michael Madigan, who was convicted earlier this year of bribery, conspiracy, and fraud charges.

Federal prosecutors argued that, not only was Madigan's decades-long reign as speaker "steeped in corruption," but that he repeatedly lied on the stand when he testified in his own defense.

"Madigan has expressed no remorse for his crimes, nor has he acknowledged the damage wrought by his conduct. Indeed, Madigan went so far as to commit perjury at trial in an effort to avoid accountability, and he persists in framing his actions as nothing more than helping people," federal prosecutors wrote in their 72-page sentencing recommendation submitted on Friday.

Federal prosecutors originally sought a $3.1 million forfeiture judgment against Madigan after his conviction, but withdrew that request last month.

Madigan's attorneys, meantime, urged U.S. District Judge John Robert Blakey to sentence Madigan to five years of probation, including the first year on home confinement, along with community service, and a "reasonable fine."

"Mike Madigan is a remarkable husband, father, friend, and public servant. Throughout his 83-year life, Mike quite literally changed the lives of tens of thousands of people in his district on the south side of Chicago. He positively impacted millions of people throughout the State of Illinois. The more than 200 letters submitted on Mike's behalf demonstrate that this is not hyperbole," defense attorneys wrote. "He has been a singularly helpful and devoted public servant who is widely respected for his honesty and integrity. His outlook has always been, and remains today, that he has a responsibility, not only as an elected official but as a person, to do whatever he can to help others."

Madigan, 83, is scheduled to be sentence on June 13. In February, following a four-month trial, Madigan was convicted on 10 counts and acquitted on seven others, while jurors were deadlocked on six other counts against him.

In seeking a lengthy prison sentence for Madigan, prosecutors argued that jurors found he "was willing to exploit his political power" and "put his own self-benefitting interests before his duty as an elected official to the citizens of Illinois."

"The crimes charged and proven at trial demonstrate that Madigan engaged in corrupt activity at the highest level of state government for nearly a decade," federal prosecutors argued in their sentencing memo. "Time after time, Madigan exploited his immense power for his own personal benefit by trading his public office for private gain for himself and his associates, all the while carefully and deliberately concealing his conduct from detection."

In seeking leniency for Madigan, his defense team countered prosecutors' claim that he lied on the witness stand, arguing "Mike testified based on his memory and his intent."

"There was no evidence that showed he willfully provided false, material testimony. Instead, he took the stand in his own defense to provide his account of what occurred. He should not receive a heightened sentence for availing himself of his constitutional right to testify in his own defense simply because the jury found him guilty on some counts," they wrote.

However, CBS News Chicago legal analyst Irv Miller said the fact the jury didn't believe Madigan's testimony is likely to factor into the judge's ruling.

"The fact that he testified, and the jury didn't believe him, and when a defendant is shown to be lying on the stand or lying to the government, that adds to the time that the judge will impose on a sentence," he said.

If Blakey grants the feds' request, Madigan would be about 94 years old before he is eligible for release, as federal convicts must serve at least 85% of their sentence before they can go free.

"This judge has to make some determinations as to what is the appropriate sentence for an 83-year-old man who committed very serious offenses," said CBS News Chicago legal analyst Irv Miller.

Federal prosecutors argued Madigan's age shouldn't be a factor in sentencing.

"A sentence of 12.5 years is a significant sentence for someone of Madigan's age. But, here, Madigan is in good health, and he ably engaged in a four-month long trial," they wrote.

But Miller said Madigan's age is a relevant factor for the judge to consider.

Miller said he wasn't surprised by the defense team's arguments in their sentencing recommendation, but he believes the prosecution's sentencing memo shows part of the defense's argument is "kind of foolish."

"It would deprecate the seriousness of the offense if he got probation and home confinement. And I don't think there's much of a chance that this judge is going to do that," Miller said.

Following 11 weeks of testimony, jurors convicted Madigan of one count of bribery conspiracy involving ComEd, two counts of bribery involving ComEd, three counts of wire fraud related to an effort to secure a state board seat for disgraced former Ald. Danny Solis, and four counts of using interstate commerce to facilitate bribery.

Madigan was acquitted of one count of bribery related to the Solis state board scheme, two counts related to the ComEd scheme, and four counts involving a scheme to get business for his private law firm from the developers of a luxury apartment building in the West Loop.

Solis testified against Madigan under an agreement with federal prosecutors that will see him avoid bribery charges of his own. Solis secretly recorded phone calls and in-person conversations with Madigan for years.

Jurors were deadlocked on the top count against Madigan – racketeering conspiracy – as well as 11 other charges tied to Solis and other counts related to legislation tied to a development deal in Chinatown.

It's unclear if federal prosecutors will seek to retry Madigan on the charges for which jurors could not reach a verdict.

Jurors also were unable to reach a verdict on any of the counts against Madigan's co-defendant and longtime political confidante, Michael McClain. However, McClain and three others previously were convicted on related charges in the so-called "ComEd Four Trial" in 2023, so McClain still faces sentencing on those charges in July. 

Meantime, Madigan's filed a bid for a new trial in his case, but the judge has yet to rule on their request.

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