The racketeering case against the longest-serving City Council member in Chicago history should soon be in the hands of federal jurors after a prosecutor insisted Friday that secretly recorded comments by Edward M. Burke are “absolutely devastating to him.”
Assistant U.S. Attorney Sarah Streicker said the words of the former 14th Ward alderperson are more significant than any testimony jurors would have heard if prosecutors called FBI mole Danny Solis to the witness stand.
“Think about what’s the best evidence of defendant Burke’s intent?” Streicker said. “The words that came out of his mouth. … Those words were captured on recordings. That is why we didn’t need to call Mr. Solis to tell you what Mr. Burke was thinking.
“The recordings tell you what he was thinking.”
Streicker made her comments during the final closing argument of Burke’s long corruption trial. Burke watched — and seemed not to react — as she ticked off some of the comments that “came out of his mouth” only to be captured on federal microphones and “frozen in time.”
The prosecutor displayed Burke’s words on screens in the courtroom — the words he spoke while allegedly trying to strong-arm tax business out of the developers of Chicago’s Old Post Office:
“While you’re at it, recommend the good firm of Klafter & Burke,” he said.
“Did we land the tuna?”
“They can go f---k themselves.”
“Good luck getting it on the agenda.”
Then, Streicker read the final quote slowly and deliberately.
“The cash register has not rung yet,” Streicker said, quoting Burke. Tapping her left index finger against her temple, she asked the jury, “What better evidence can there be of what defendant Burke’s intent was?”
Meanwhile, the smile Burke made after his “cash register” comment, which was caught on camera, appeared on the courtroom display.
Burke made all of those comments to Solis. The former 25th Ward City Council member had agreed to wear a wire for the FBI after agents confronted him with evidence of his own alleged wrongdoing. Burke attorney Joseph Duffy pilloried prosecutors in his closing argument for failing to call Solis to the witness stand.
Burke’s legal team wound up calling Solis to testify instead.
Duffy ended his argument earlier Friday, telling jurors they should “send Ed Burke home.” And then, speaking over an objecting prosecutor, Duffy added, “to celebrate his birthday, his 80th birthday,” on Dec. 29.
U.S. District Judge Virginia Kendall wound up sustaining the objection.
Streicker later told jurors Burke’s attorney made improper arguments about why Burke should be acquitted, including because of his birthday. Chris Gair, another member of Burke’s legal team, then leapt up to object and insisted “that was not the argument — she knows it.”
Kendall also sustained Gair’s objection.
Streicker went on to tell jurors, “You are not supposed to make decisions based on matters that are outside of the evidence.”
The prosecutor rebutted a claim from Duffy’s earlier argument that the FBI had to convince Burke’s alleged shakedown victims they were actually victimized. Duffy told jurors they should wonder why a New York developer, two Texas executives or officials from Chicago’s own Field Museum did not report Burke’s alleged extortion attempts to the FBI.
“Why a victim wouldn’t come forward to give information” about “one of the most powerful politicians in city government,” Streicker said, is because “they had to continue doing business with the city and with Mr. Burke. The risks were huge given his power and influence.”
Streicker argued, too, that developers and executives weren’t Burke’s only victims.
“The government represents the people of the United States, and defendant Burke’s crime is against the people, who deserve an honest and clean government,” she said.
Burke faces 14 counts in a sweeping indictment that charges him with extortion, bribery and racketeering. On trial with him are his political aide, Peter Andrews, and developer Charles Cui.
Closing arguments ended with Streicker’s commentary Friday. However, Kendall still must instruct the jury Monday before it begins to deliberate. That will be no small task given instructions in the case span more than 300 pages.
When she’s done, the jury of nine women and three men — including two declared Chicagoans — will hold Burke’s fate in their hands.
Kendall promised the jury she won’t be a “Scrooge,” though. If jurors do not reach a verdict next week, the judge said she would not make them deliberate the week of Christmas. Rather, she said she will tell them to return Jan. 3.
