Ed Burke's lawyers say he deserves acquittal or a new trial; call last year's verdict 'inexplicable'

Former Ald. Edward M. Burke asked Wednesday for a new trial or acquittal in spite of a federal jury's resounding verdict late last year finding him guilty of racketeering and other crimes.

That jury found Burke, 80, guilty in December of 13 charges that included racketeering, bribery and attempted extortion. The panel also found that Burke committed racketeering acts in all four schemes outlined in his sweeping May 2019 indictment.

Burke's lawyers described that verdict as "inexplicable" in their court filing late Wednesday. But that filing amounts to a routine, longshot request to U.S. District Judge Virginia Kendall. Meanwhile, Burke's sentencing is set for June 24, and he faces significant prison time.

The case against Burke involved schemes related to the massive Old Post Office straddling the Eisenhower Expressway; the Field Museum; a Burger King in Burke’s 14th Ward; and a Binny’s Beverage Depot on the Northwest Side.

Burke tried to squeeze developers involved with the Burger King, Old Post Office and Binny’s for business for his private tax appeals law firm, Klafter & Burke. He also threatened the Field Museum because it failed to respond when he recommended the daughter of former Ald. Terry Gabinski for an internship.

Burke's lawyers pointed Wednesday to commentary by Kendall, who described the Field Museum scheme at trial as "an extremely odd attempt extortion count." They argued her skepticism was well-founded, insisting that the law requires an attempt to extort "property."

"There was no property here, only a potential job interview with the museum, and one which was never requested by Mr. Burke," the defense attorneys wrote.

They also argued that Burke should be acquitted on counts related to the Binny's, arguing that Burke "did only two things" to help developer Charles Cui secure permission for the retailer to use a pole sign at the property — he spoke to two city officials by phone.

"Neither action involved anything more than making an anodyne phone call referring the matter to another official with knowledge of the relevant processes," the lawyers wrote. "And neither involved any pressure at all."

Cui was convicted along with Burke. They are among nine people convicted amid five trials in 2023 resulting from public corruption investigations in Chicago. Burke is also seeking acquittal on the racketeering charge, as well as counts related to the Post Office. Prosecutors are due to respond to Burke's motion by March 20.

Burke’s jury heard from 38 witnesses, including infamous government mole Danny Solis, the former City Council member who wore a wire against Burke after being confronted by the feds with evidence of his own alleged wrongdoing.

Solis was called to the witness stand by Burke’s attorneys after prosecutors chose not to call him themselves. During closing arguments, Assistant U.S. Attorney Sarah Streicker insisted the feds didn’t need to call Solis to the stand, because secret recordings gathered by the feds during their investigation were “absolutely devastating” to Burke.