Zane Seipler’s attorney Black Horwitz was in the Rockford Federal Courthouse yesterday afternoon pursuing evidence in his case of wrongful termination.
Representing Sheriff Keith Nygren was James Sotos.
Horwitz talked of a spreadsheet of tickets issued by officers.
Sotos pointed out that it had been provided in August 2009.
The problem Horwitz had is that the number of tickets on file do not match the number indicated on the summary.
“There’s just hundreds of tickets missing,” Horwitz stated.
“There’s over 200 missing for one office you have seen.”
He was identified as Officer Perketon (but that may be spelled wrong).
If I understood correctly, the spreadsheet showed the office had issued “let’s say 700 for 2008,” but only 500 tickets were found in the file.
“Over 200 (were missing) for just that one gentleman,” Horwitz pointed out.
“Quite frankly, things just don’t jive…All this just doesn’t match up.
“Yesterday we figured this out. We’re waiting for Mr. Sotos to figure it out.”
Sotos replied that we’re “talking about an Excell spreadsheet (in which) there may well be wide discrepancies.
“This isn’t an audit of the Sheriff’s Office.
“They’ve got all the tickets.
“We keep giving him everything he asks for.
“Right before discover closes he comes in and says we (need more time.”
Sotos contended that the spreadsheet “has nothing to do with this court case” and pointed out that “discovery has been extended six times.”
“If they want to rest on ‘there are no further documents,’ that’s fine,” was the Horwitz rejoinder.
“It’s just falsified data.”
“Are you done with discovery,” Federal Magistrate Michael Mahoney asked.
“It depends on whether they are withholding documents,” Seipler’s lawyer said.
Mahoney mentioned that Horwitz could “bring in a 56 motion for default judgment.
“If you’re ready, you can file your next motion for a default judgment.”
With a “Have a great Thanksgiving,” the session was adjourned.
Afterward, Horwitz told me,
“I believe his client is falsifying records and we’ll bring that to the judge’s attention shortly.”