Opening statements begin in corruption trial against former Chicago Ald. Ed Burke
CHICAGO (CBS) -- As federal prosecutors began making their case at the corruption trial of former Chicago Ald. Ed Burke (14th), they said he was more than just one of the most powerful members of the City Council, they argued "he was something else instead."
"He was a bribe-taker and he was an extortionist," Assistant U.S. Attorney Tim Chapman told the jury.
As he showed jurors a photo of the entrance to Burke's offices at City Hall, Chapman said they "are going to get to go behind those office doors" during the trial to see and hear how Burke allegedly tried to sell his public office to benefit his private law firm.
"This trial is not about whether Ed Burke was a good politician or a bad politician. It is not about politics," Chapman said. "It is about solicitation of bribes. It is about the acceptance of bribes, attempted extortion, and the corruption of public office for private gain."
In presenting the defense's case, Burke attorney Chris Gair, sought to portray his client as a dedicated public servant interested only in helping the people and businesses in his ward, calling the prosecution's case "a bribery case without bribes and an extortion case without extortion."
"Mr. Burke never asked for anything from anyone in this case. Not for money. Not for legal business. Not for anything. Never," Gair said.
Gair claimed the prosecution's case rests on the testimony of witnesses he described as "people who are corrupt and untruthful."
"You cannot take what any of these witnesses at face value, and thank the Lord that we rely on you to assess the credibility of witnesses," Gair told the jury.
Burke is facing a 14-count indictment charging him with racketeering, bribery, attempted extortion, conspiracy to commit extortion, and other charges.
He is being tried alongside two co-defendants. His former longtime political aide, Peter Andrews, is charged with one count of attempted extortion, one count of conspiracy to commit extortion, two counts of using interstate commerce to facilitate an unlawful activity, and one count of making a false statement to federal investigators.
Real estate developer Charles Cui is charged with one count of federal program bribery, three counts of using interstate commerce to facilitate an unlawful activity, and one count of making a false statement to federal investigators.
Cui is accused of offering Burke a bribe for help with a development project, and Andrews is accused of helping Burke convince the owners of a Burger King in his ward to hire his private law firm for property tax work.
Prosecutors said the case against Burke boils down to four separate schemes:
· An effort to extort the Field Museum when it was seeking an admission fee increase in 2017 by trying to get them to hire a friend's daughter for a paid internship.
· An attempt to squeeze the owners of a Burger King in his ward to hire his property tax appeals law firm in exchange for his support for their efforts to renovate the restaurant.
· A bid to pressure the owners of the Old Post Office to hire his law firm in exchange for his support for tax incentives for a redevelopment project.
· And agreeing to take a bribe from Cui to help him get approval for a pole sign for a Binny's Beverage Depot as part of a development project at 4900 W. Irving Park Rd.
"When Ed Burke solicited a bribe and didn't get it, he was willing to go to the next level" and extort his target, Chapman told the jury.
Chapman said the prosecution's case will be proven by wiretap recordings, largely obtained by former Ald. Danny Solis (25th), who agreed to cooperate with a federal investigation of Burke to avoid going to prison for his own crimes. Solis has entered into what is known as a deferred prosecution agreement on bribery charges, in which federal prosecutors have agreed to drop the case against him by 2025 in exchange for his continued cooperation against Burke and a separate prosecution of former Illinois House Speaker Mike Madigan.
Chapman said jurors will hear many wiretap recordings both from Burke's cell phone and from the wire that Solis wore during meetings with Burke.
"Regardless of who he's talking to … you will hear [Burke] speaking in real time as he tries to push forward his effort to obtain business for his law firm," Chapman said. "You will hear the unvarnished version of Ed Burke. You will hear him talk bluntly, often angrily."
But Gair painted a picture of Solis as a man willing to do anything to avoid going to prison, including lying to Burke and inventing stories that Burke was willing to sell his support as an alderman in exchange for hiring his law firm.
Gair said Solis "was in a world of trouble, because Danny Solis was a corrupt alderman … and the FBI had him red-handed."
"Here's what he knew about Ed Burke's corruption. Nada. Nothing. He had no experience with Ed burke in any corrupt activities," Gair said.
Gair said that, while "there is no doubt that Ed Burke was interested in getting legal work" for his law firm, Klafter & Burke, he said there was nothing illegal about what Burke did, and there was never any quid pro quo when he asked anyone to become a law client.
Because Gair started his opening statement late in the day on Thursday, he only got about halfway through before jurors were sent home for the day. Gair will finish his closing argument Friday morning before attorneys for Cui and Andrews present their own opening statements. Jurors likely will hear from the first witnesses in the case later on Friday.
Opening statements in the trial were delayed by one week after at least one attorney involved in the trial tested positive for COVID-19 last week as jury selection was nearing an end.
Jury selection wrapped up on Thursday after seating a jury of nine women and three men, as well as four alternates, three of them women and one of them a man.
With another two days off for the trial next week due to the Thanksgiving holiday, and the trial expected to last about six weeks, the trial could last until Christmas or even into the new year.
While prosecutors have said they do not plan to call Solis as a witness during the trial, defense attorneys have indicated they might call him once they present their case.
