Brendan O’Leary spent more than two decades working for the FBI — most of it in Chicago, and most of it investigating public corruption.
But when it came to Illinois’ famously reclusive former House Speaker Michael Madigan, O’Leary told a jury Thursday he was “different from any other politician I’ve seen.”
“No cellphone, no emails, no texts,” O’Leary said of Madigan. “He relied on his tight inner-circle.”
And that, O’Leary explained, is why the FBI was so interested in hearing what Madigan’s longtime chief of staff, Tim Mapes, would say in front of a grand jury. Madigan, a Southwest Side Democrat, communicated “through people he trusted,” O’Leary said.
But when Mapes finally found himself in front of that grand jury that had been investigating Madigan in March 2021, prosecutors say he lied on seven occasions about work being done for Madigan by another Springfield insider, Michael McClain.
Mapes answered some questions about their dealings by saying he didn’t know about them, and he answered others by saying he couldn’t remember.
Now, Mapes is on trial for perjury and attempted obstruction of justice for an alleged bid to block the Madigan investigation. The trial’s first week wrapped Thursday with O’Leary, the feds’ sixth witness, still on the stand. His cross-examination is expected to continue Monday.
Jurors also heard Thursday from state Rep. Robert “Bob” Rita — marking his third appearance on a witness stand in a federal corruption trial this year — and onetime Acting U.S. Attorney Gary Shapiro who explained the secretive grand jury process to the jury.
Meanwhile, lawyers in the case tangled out of earshot of the jury as Mapes’ defense team tried to bring in evidence that McClain — who often boasted about his long friendship with Madigan — couldn’t always be believed.
Madigan forced Mapes to resign in June 2018 amid bullying and harassment allegations. McClain and Madigan each now face criminal charges of their own. McClain was convicted with three others earlier this year for a conspiracy to bribe Madigan. He also faces trial with Madigan in April for an alleged racketeering conspiracy.
Rita on Thursday told jurors that Mapes, before his resignation, ran “all aspects” of the Illinois House of Representatives, “from when we called bills, when we called session, session times. From A to Z, in terms of the General Assembly.”
The lawmaker also told jurors about artwork in Mapes’ office referencing the Wizard of Oz that said, roughly, “no one sees the wizard.”
Assistant U.S. Attorney Julia Schwartz asked Rita, “Who did you understand the wizard to be?”
“Madigan,” Rita replied.
Crucially, Rita also told the jury that he couldn’t think of anyone who was closer to Madigan than McClain or Mapes.
That comment from Rita supported O’Leary’s testimony later in the day about the significance of Mapes’ testimony before the grand jury.
“Mr. Madigan was somebody who didn’t have a cell phone,” O’Leary said. “He didn’t use emails. He didn’t text.”
However, O’Leary said Madigan had a “very tight circle of people around him” that he used to pass along messages. And Mapes had been his chief of staff for more than 20 years.
Rita and former state Rep. Greg Harris have explained to jurors the common belief in Springfield that McClain would pass along messages and carry out tasks for Madigan. Rita also testified repeatedly Thursday that, after working with McClain for years, he did not believe McClain would have given him advice “that would be adverse to the speaker.”
Rita testified that Madigan once told him McClain would “guide” him as Madigan put Rita in charge of gaming legislation in 2013. Still, Rita acknowledged for Mapes’ defense attorneys that he had no “personal knowledge” of whether Madigan had asked McClain to do other things, as McClain claimed.
Mapes’ defense attorneys told jurors in opening statements that Mapes knew better than to believe everything McClain said. So, when placed under oath before the grand jury, he chose not to guess or speculate about things he didn’t know or couldn’t remember.
Outside the presence of the jury Thursday, Mapes attorney Andrew Porter tried to persuade U.S. District Judge John Kness to let him ask O’Leary about a previous FBI investigation involving McClain around 2013 or 2014.
Porter said McClain had acknowledged lying to a client about Madigan’s involvement in a matter — and Porter hoped to make the point that even the FBI didn’t believe everything McClain said.
Porter told the judge McClain had said some “frankly crazy things” caught on federal wiretaps.
Kness didn’t allow Porter to get into that investigation in front of the jury. But Porter still asked O’Leary about recorded claims by McClain that then-Gov. Bruce Rauner might pay up to $100,000 for a damaging report on Madigan, or that someone had extorted Major League Baseball.
O’Leary acknowledged he was unaware of any FBI investigations that ensued as a result of those allegations.
And in what could be another point for the defense, O’Leary initially testified that he didn’t even remember them.
