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Defense hopes faulty witness memories will help Mapes

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* From Hannah Meisel’s latest Tim Mapes trial story

[Mapes’ defense attorney Katie Hill] also tried to preempt the dozens of wiretapped phone calls the jury will hear during trial by telling them that Mapes’ indictment is based on his answers to just seven of the more than 650 questions he was asked during his grand jury testimony.

“You already know the government’s big punchline: All of this is on tape,” Hill said. “But as you consider that evidence ladies and gentlemen, consider that…they didn’t play him the tapes.”

The idea that Mapes was not given the opportunity to review any of the wiretapped calls or any other evidence – save for one document – during an early 2021 meeting with the FBI or his grand jury testimony is one the defense sprinkled throughout opening statements and while cross-examining the two witnesses put on the stand on Wednesday. Hill likened it to not being able to recall details from high school a decade after graduation unless prompted with items like a yearbook or notes passed in class.

Hill told the jury that when the defense makes its case later in trial, they’ll hear from a witness with expertise in how memory works, and how the ability to recall certain facts can be affected by being under stress. On that note, Hill said, Mapes was acutely aware of the high-stakes immunity order he was under, and therefore chose his answers to the grand jury carefully.

* From yesterday’s cross examination of former House Majority Leader Greg Harris

* From today’s testimony by Rep. Bob Rita (D-Blue Island)…


Rita confirms listening to the feds' recordings helped him remember certain conversations.

He also acknowledges that, even after listening to one recording, he didn't remember it.

Hill's cross is done.

— Jon Seidel (@SeidelContent) August 10, 2023

It’s probably the best, maybe even the only thing the defense has in its favor. But this is a federal trial with federal rules. Always bet on the prosecution in these things. We’ll see.

* Meanwhile, from the ILGOP…

As the Tim Mapes trial gets underway, let us remember: Mapes is accused of lying to federal agents and facing prison to protect Mike Madigan. The two of them oversaw multiple governmental and political entities that demanded blind loyalty from state legislators for more than 4 decades, made or broke careers of politicians based on their votes, and buried any dissent while helping their chosen few patsies rise to the highest levels of state government. From the Governor’s Administration to the House Floor, Illinois Democrats across this state have been tainted by Madigan and Mapes culture of corruption they created, and even now continue to shape Illinois policy even after their patriarch’s actions have been exposed to the public.

ILGOP Chairman Don Tracy issued the following statement:

“Madigan and Mapes controlled all the levers of power between the Speaker’s office and DPI. They decided how government and political money was among legislators and areas of the state, cut out legislators that voted against them and elevated those that were loyal to them.

In this case, Mapes is accused of perjuring himself to stay loyal to Madigan. Madigan’s handpicked successor, Speaker Welch shut down the legislative committee established to investigate the crimes alleged against Madigan. These are not the actions of dedicated public servants, rather they are the actions of ambitious politicians putting their personal political careers above the public good.”

* And the HRO…

As Tim Mapes stands trial today at the federal courthouse, Illinois voters should be reminded of the integral part he played in Mike Madigan’s corrupt enterprise. Not only did Mapes serve as Mike Madigan’s longtime Chief of Staff in the Illinois House, he was also the Illinois House Clerk and the Executive Director of the Democratic Party of Illinois. Mike Madigan’s operation would not have functioned without Tim Mapes making the trains run on time.

So why is Tim Mapes before a federal jury? Federal agents approached Mapes and offered him a full immunity deal - all he had to do was tell the truth. The problem? That would mean selling out his long-time boss. So what did he choose? The allegations against him in court are that Mapes lied in order to protect Madigan. When Mapes was given the choice between protecting himself and his own interests or staying loyal to Madigan, he chose Madigan.

“For decades Illinois Democrats have chosen blind loyalty to Mike Madigan over the interests of the state of Illinois. Today, that loyalty to Madigan at all costs is coming home to roost for Tim Mapes. Following this trial, every single House Democrat who has chosen loyalty to Madigan and his corrupt political system over the interests of their constituents should also be held accountable at the ballot box.” - Tony Esposito, Executive Director of the Illinois House Republican Organization

posted by Rich Miller
Thursday, Aug 10, 23 @ 12:36 pm

Comments

  1. As long as the Republicans have Trump in the picture- no Democratic scandal involving anyone including the President makes any difference. Trump is the gift that keeps on giving to the Democratic Party here there and everywhere

    Comment by Sue Thursday, Aug 10, 23 @ 12:42 pm

  2. This whole case comes across like the feds knew Tim would be crafty enough to avoid implicating MJM with the “I don’t recall” answer and felt like they had enough on tape to dare Tim to FAAFO.

    Comment by Strong side Thursday, Aug 10, 23 @ 12:44 pm

  3. Do not underestimate Katie Hill. The prosecution and the press does so at their peril.

    Comment by SilverStreak Thursday, Aug 10, 23 @ 12:49 pm

  4. There are valid criticisms of Madigan (& Mapes, McClain, et. al.). But not from the IL GOP. Well, maybe if you’re unaware of Illinois political history from Thompson to Ryan … .

    Comment by Anyone Remember Thursday, Aug 10, 23 @ 12:55 pm

  5. Those statements from the republican orgs and Tracy are pretty sad. They are complaining about a guy who the Dems removed from his position of speaker years ago.

    I don’t see any Dems calling this trial a witch hunt, or politically motivated, or continue to publicly profess their fealty to MJM.

    I do agree with the part of HRO’s statement: that any Dem who is supporting MJM should be held accountable at the ballot box. But like most statements coming out of that shop, they are making a lot of noise about nothing here, as I am not aware of any elected Dem officials who are backing MJM vs. the charges against him.

    Comment by Henry Francis Thursday, Aug 10, 23 @ 1:02 pm

  6. Tim Mapes exhibits symptoms of Fedzheimer’s disease. This malady affects memory, cognition, and fear of the unknown I.e. going to prison.

    When one operates under the assumption that there is no accountability, the result is a dance at the Dirksen Federal Building with a coterie of lawyers in attendance.

    Comment by Rudy’s teeth Thursday, Aug 10, 23 @ 1:07 pm

  7. Comparing Madigan to IL Duce. Yeah, I caught the loose reference. Not sure those two’s conduct are in the same ballpark.

    Comment by Wut Thursday, Aug 10, 23 @ 1:12 pm

  8. “Illinois Democrats across this state…continue to shape Illinois policy”

    Isn’t shaping Illinois policy what Illinois voters elected them to do?

    Comment by Steve Polite Thursday, Aug 10, 23 @ 1:12 pm

  9. Noted. Mapes to IL Duce. Sorry.

    Comment by Wut Thursday, Aug 10, 23 @ 1:13 pm

  10. Males was not asked details about specific conversations. He lied when he said Madigan and McClain didn’t work together. Something everyone under the dome knew was common.

    Comment by Just Me 2 Thursday, Aug 10, 23 @ 1:17 pm

  11. ===It’s probably the best, maybe even the only thing the defense has in its favor.===

    Agreed. And it might even be true. But I still think he’s going to be convicted.

    Comment by 47th Ward Thursday, Aug 10, 23 @ 1:20 pm

  12. I remember a story of “someone” who was being questioned by “the guys down the street” and the transcripts that were eventually made public was a person who didn’t use “I don’t recall” but used the cheeky “if you say so” in response to questions that seemingly were “leading gotcha” type, knowing full well Feds don’t ask pointed questions like those unless “they already know”

    It was interesting

    Comment by Oswego Willy Thursday, Aug 10, 23 @ 1:24 pm

  13. ==should also be held accountable at the ballot box==

    They’ve tried that argument ad nauseam and it hasn’t worked yet.

    Comment by Demoralized Thursday, Aug 10, 23 @ 1:26 pm

  14. Yes, it’s a hoot to hear the IL MAGA GOP talk about lying.

    Comment by Norseman Thursday, Aug 10, 23 @ 1:37 pm

  15. ==I don’t see any Dems calling this trial a witch hunt, or politically motivated, or continue to publicly profess their fealty to MJM.==

    Spot on. Unlike Republicans w Donnie Trump, MJM was shown the door by House Democrats and they havent looked back. You certainly wont see Madigan at any party events, quite the contrast from Trump.

    Comment by low level Thursday, Aug 10, 23 @ 1:47 pm

  16. Looking forward to the ‘26 elections to see if, as appears to be the case for ‘24, the ILGOP will persist in the still not working “But Madigan” strategy.

    When they gather in private do they ever exclaim “We wish we knew how to quit you”?

    Comment by Moe Berg Thursday, Aug 10, 23 @ 1:59 pm

  17. ==every single House Democrat who has chosen loyalty to Madigan and his corrupt political system over the interests of their constituents should also be held accountable at the ballot box.” - Tony Esposito==

    What House Democrat has done this?

    Comment by low level Thursday, Aug 10, 23 @ 2:05 pm

  18. My thought was the Feds would have to prove the “so what?” question to the jury. Ok, he lied, but why do we care? Katie Hill is definitely very competent.

    Comment by Three Dimensional Checkers Thursday, Aug 10, 23 @ 2:10 pm

  19. There are valid criticisms of Madigan (& Mapes, McClain, et. al.). But not from the IL GOP. Well, maybe if you’re unaware of Illinois political history from Thompson to Ryan … .

    Left out Kerner….Walker…..Rod…..

    Comment by Sunshine Thursday, Aug 10, 23 @ 2:31 pm

  20. If you know the feds have taped recordings and you don’t know what, exactly, is on them, answering “I don’t recall” is the logically safest thing to do because any deviation from what is on tape can result in charges of perjury, lying to a federal official, obstruction, etc.

    The way the Feds work on stuff like this (multiple interactions, comparing what was said at each, and turning any disagreements into federal charges) has always bothered me. People’s memories are fallible but most people think they are some kind of golden standard which leads to all kinds of messiness in the justice system.

    Comment by Pot calling kettle Thursday, Aug 10, 23 @ 2:34 pm

  21. Mapes could easily have said he knew Madigan and McClain spoke to each other, even worked together over the years. He could also have said he had no view to their private conversations. He told the wrong lie, and will be easily convicted.

    Comment by Lincoln Lad Thursday, Aug 10, 23 @ 2:48 pm

  22. Walker was honest when he was in office.

    Comment by Fav Human Thursday, Aug 10, 23 @ 2:50 pm

  23. ===Walker was honest when he was in office===

    I think it was Charlie Wheeler who said that Dan Walker was the biggest liar he’d ever covered. That was pre-Rod, tho.

    Comment by Rich Miller Thursday, Aug 10, 23 @ 2:58 pm

  24. ===Left out Kerner….Walker…..Rod….. ===

    Kerner was on the federal bench when Madigan was first elected to the House, and he wasn’t exactly buddies with Walker (crimes after leaving office) or Rod (MJM started Rod’s impeachment process - even Jimmie DeLeo voted to convict).

    Comment by Anyone Remember Thursday, Aug 10, 23 @ 3:42 pm

  25. https://www.youtube.com/watch?v=wqPlb5PLBvg but I’m dealing with a memory that never forgets….

    Comment by Amalia Thursday, Aug 10, 23 @ 5:42 pm

  26. ===Do not underestimate Katie Hill. The prosecution and the press does so at their peril.===

    Agreed. She is a sharp lawyer with solid defense experience.

    Comment by Leslie K Thursday, Aug 10, 23 @ 7:15 pm

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