Judge unwilling to reopen trial of Illinois AT&T executive accused of bribing Mike Madigan after mistrial

The judge presiding over the case against a former AT&T executive in Illinois accused of bribing former state House Speaker Michael J. Madigan declined Tuesday to set a new trial, saying he wanted to first hear arguments on a motion for acquittal.

U.S. District Judge Robert Gettleman sat with attorneys for five days in the case of former AT&T President Paul La Schiazza of Illinois after a jury failed to reach a verdict in the case. The panel heard more than a dozen witnesses over four days earlier this month.

Defense attorney Tinos Diamantatos told the judge Tuesday that he plans to file the motion for acquittal as early as Friday, while prosecutors plan to request another trial date. But Gettleman said they would be getting ahead of themselves if they set a new trial date.

Rather, Gettleman said he wanted to “take a serious look” at the matter at the request of La Schiazza. He scheduled the oral hearing for 14 November.

The judge also pointed to the changing legal landscape in cases like La Schiazza's, saying lower courts could ultimately look to the 7th U.S. Circuit Court of Appeals for guidance.

“I mean, we could certainly use it,” Gettleman said.

La Schiazza is accused of attempting to bribe Madigan by paying $22,500 to a Madigan ally, former state Rep. Edward “Eddie” Acevedo, while AT&T was trying to pass key legislation in Springfield.

Madigan, who faces trial on October 8 on charges of conspiracy to commit organized crime, is charged for his alleged role in the same plot.

However, Madigan's trial is set to begin three months after the U.S. Supreme Court ruled in June that a bribery law used by prosecutors in their investigation did not criminalize subsequent rewards, known as “tips.”

Since then, not only has there been a failed jury verdict in the La Schiazza case, but in August an Indiana businessman accused of bribing Cook County tax office employees was acquitted.