Thursday, April 26, 2012

Judge Denies Sheriff's Special Prosecutor

McHenry County Associate Judge Thomas Meyer refused to appoint a Special Prosecutor to investigate whether Sheriff Keith Nygren exploited his office in the Republican Primary two years ago.  Meyer found that State's Attorney Lou Bianchi was legally "available" to conduct an investigation so it was up to him whether or not there should be one at all.

Meyer's decision ended more than two years of eye-glazing argument over whether Bianchi's claim he couldn't, later wouldn't, conduct an investigation triggered a State Law allowing the judge to appoint someone else to do the job.  Bianchi told Nygren Primary opponent Zane Seipler in 2010 he couldn't investigate his claims Nygren was cheating because, since the State's Attorney is the Sheriff's Office's official lawyer, there'd be a conflict of interest. Meyer ruled Wednesday Bianchi was obviously wrong, pointing to the State's Attorney's current prosecution of a Crystal Lake Deputy for alleged child molestation.

"There is no (intrinsic) conflict," said Meyer reading from a decision he said he'd heavily edited in the previous 24 hours.  "(Bianchi's) decision not to investigate was an exercise of the discretion of the State's Attorney with whom it exclusively resides," he said.  That wasn't the same thing as Bianchi's being "sick or absent", so, Meyer concluded, he lacked the authority to appoint someone in his stead.

Seipler attorney Blake Horwitz said afterward the judge's ruling put the pressure back on Bianchi to make an up or down call on Seipler's allegation in the politically-charged case.  "The ball's absolutely in Lou's court," he said.  "Whether he wants to investigate is up to him."

Meyer's decision applied only to Seipler's claim Nygren improperly used the Sheriff's Office logo in his campaign.  "There's other criminal activity," Horwitz added, though, referring to allegations of more serious wrongdoing later on which Meyer excluded as extraneous.

The decision Wednesday promised no end to what appears to be a war about something among McHenry County Republicans.  Bianchi's original demurral to investigate Nygren came as he, himself, was being investigated by a Special Prosecutor whose appointment he charged was politically motivated. That made all the more bizarre an appearance for a round of handshakes by retired Lake County Judge Henry "Skip" Tonigan before Meyer's decision. Tonigan was the Special Prosecutor who failed spectaculary to make anything stick in a host of charges he brought against Bianchi last year. He reportedly joked he'd just stopped by to make sure Meyer hadn't appointed him to investigate Nygren, too, then left.

In the pic:  McHenry County State's Attorney Lou Bianchi.

2 comments:

Anonymous said...

Bianchi needs to do his job. It starts with illegal use of County funds for Nygren's campaign. Start turning over the rocks and more of Nygren's snakes crawl out. This all needs to be addressed. Bianchi can ask for an investigation and should. The truth eventually surfaces and when the dirt is exposed Bianchi will be the guy that did nothing and let it continue. What kind of legacy is that?? Not investigating and prosecuting when he should have is Gary Pack's legacy. Does Bianchi want to be remembered in the same way??

Anonymous said...

Did some calling and checking. The judge is right on top of it. His decision alone gets Bianch off of the hook for conflict. He has several options to get this done without having to give up the cases he is defending Nygren on. The public is more educated now and losing confidence in Bianchi.
Added note: must be something wrong when a sheriff has so many lawsuits against him. Nygren is the county's expense problem. Seipler is doing something no one has had the courage to do. He is not a problem but part of the solution.