Prosecutors called former ComEd general counsel and Senior Vice President Tom O’Neill to the stand Monday morning instead of continuing with Illinois state Rep. Bob Rita’s testimony. Rita’s order in the witness lineup was changed at the last minute without explanation during the morning court session. 

With O’Neill in the witness box, prosecutors began taking the jury through a series of energy bills considered by state lawmakers from 2011 to 2019. For each vote on the various bills, prosecutors recorded the bill number, the date, and whether Madigan supported it. 

O’Neill said that in 2011, ComEd lobbyists worked to pass the Energy Infrastructure Modernization Act. He said meetings on the legislation took place in Madigan’s suite of offices next to the rotunda in Springfield.

He also discussed calls with credit-rating agencies in New York, those agencies – which determined how well the company was positioned to meet its financial obligations – wanted to know Madigan’s view of legislation the utility wanted to pass. O’Neill said they didn’t ask if the bill had support from other lawmakers, just Madigan.

O’Neill said that’s because, as speaker, Madigan controlled the legislative agenda and had the power to call (or not to call) bills in the Illinois House. 

Prosecutors spent several hours with O’Neill on the stand as they worked to establish a foundation for their case against Madigan. 

O’Neill also testified that a representative from the speaker’s office clarified that any utility legislation would carry an expiration date or sunset clause when it would automatically end.

ComEd opposed such a clause, but O’Neill said the speaker’s office would not move forward without a sunset date. 

“This was a way to keep us coming back,” to Springfield, seeking approval of legislation that O’Neill said was crucial for the utility’s bottom line. 

Prosecutors have alleged that ComEd and AT&T Illinois gave out jobs and contract work to those loyal to Madigan to get legislation passed that would benefit them in Springfield. 

O’Neill previously testified during the ComEd Four trial. In that case, a jury convicted four former ComEd executives and lobbyists for a scheme to bribe Madigan with no-show jobs in exchange for passing legislation that would help the utility. 

ComEd agreed to pay $200 million in July 2020 to resolve a criminal investigation into the years-long bribery scheme. As part of a deferred prosecution agreement, ComEd admitted it arranged $1.3 million jobs, vendor subcontracts and payments to influence Madigan. AT&T Illinois agreed to pay $23 million as part of its own deferred prosecution agreement in 2022.

Madigan served in the Illinois House from 1971 to 2021. He served as speaker of the Illinois House from 1983 to 1995 and again from 1997 to 2021. He wielded additional power as chairman of the Democratic Party of Illinois.

Madigan, who resigned after losing the House speakership in January 2021, faces 23 counts of racketeering, bribery and official misconduct. He has pleaded “not guilty.”