McClain attorney hopeful for new trial on previous conviction following favorable ruling in latest trial

CHICAGO — The attorney for Michael McClain said he and his client were “pleased and relieved” after Wednesday’s decision by a federal jury not to convict the longtime statehouse lobbyist from Quincy.

Former Illinois Speaker of the House Michael Madigan was convicted Wednesday on public corruption charges after a federal jury found him guilty on 10 of 23 counts. However, McClain walked free after the jury deadlocked on any charges against him. Prosecutors had alleged the two men, close friends since their days in the state legislature in the 1970’s, ran a “criminal enterprise” to tighten Madigan’s stranglehold of power in the state capitol.

Muddy River News reached out last week to McClain for an interview. He referred us to his attorney, Patrick Cotter, who gave the defense team’s reaction to the trial’s outcome.

According to media reports and interviews with jurors, the jury panel reached a point where they had an 11-1 vote to acquit Madigan and McClain on the racketeering charge and the counts involving the transfer of a state-owned parcel of land in Chinatown. The jury tally on the AT&T-related charges was reportedly 10-2 in favor of acquittal.

As far as Madigan’s testimony where he attempted to distance himself from McClain, Cotter called the former speaker’s remarks “very odd” but said they had anticipated that strategy. It’s also why they had twice requested to have a separate trial from the Madigan defense.

“We were disappointed but not surprised,” Cotter said. “The jury saw through the speaker trying to deny their relationship. They were friends, and (McClain) was (Madigan’s) lobbyist. (Former ComEd vice president) Fidel Marquez testified that Mike’s job was to lobby the speaker.”

Cotter said while they would’ve preferred an outright acquittal, the feedback from the jury is positive and, he believes, bodes well in the previous conviction against McClain.

Another factor is the 2024 U.S. Supreme Court ruling in “Snyder v. United States” that declared federal bribery law does not apply to gifts given to public officials after the fact. The 6-3 decision overturned the convictions of James Snyder, the former mayor of Portage, Ind.

A jury in May 2023 convicted McClain, former ComEd CEO Anne Pramaggiore, retired ComEd vice president John Hooker and former ComEd consultant Jay Doherty of a plan to arrange no-work, high-paying contracts for Madigan cronies in exchange for the then-speaker’s help to push pro-ComEd legislation.

Cotter said the “Snyder” ruling, issued in June 2024, would’ve made a major difference in how this case was prosecuted had it been in place during McClain’s 2023 trial.

“There was never an intent to bribe,” Cotter said. “Snyder said that’s wrong. The intent to influence isn’t the intent to bribe.”

Cotter is asking a federal judge to acquit them of all charges, dismiss the case or grant a new trial. Cotter said he will push for the feds to drop the matter entirely.

“They’ve taken away six years of Mike’s life,” Cotter said. “Let him enjoy what’s left.”