December 24th, McHenry County Blog ran the first part of the December 15, 2010, transcript of a Rockford hearing before Magistrate P. Michael Mahoney. December 25th, the second part was published. This is part 3.
The underlying case is one in which former McHenry County Deputy Sheriff Zane Seipler, who ran unsuccessfully against Sheriff Keith Nygren in the spring GOP primary election, sued the department for wrongful termination. Racial profiling has been a centerpiece of the case.
MR. HORWITZ: Judge, to be clear, he also said under oath —
THE COURT: Okay. No. Keep going. I’m listening.
MR. HORWITZ: — that he’s in fear of his life. Okay. He looked at us straight in the eyes, both the defense attorney and myself, with eyes red — and, you know, I’m telling you what this man said, and he has been, Judge — he is presently telling his story, and this matter is being investigated with the Illinois State Police. He’s previously been with the FBI. So, when I say these things to you, I’m not just saying there’s just this half-cocked guy telling a story.
THE COURT: I understand, and that may be another case. The only thing I’m stopping you on and that I have a problem with is it’s tangential as to this case.
MR. HORWITZ: I’m just saying that to you not to say that I am here as an AUSA. I am saying this to you because it just goes to certain concepts attributable to credibility versus just some knucklehead flying off the handle and just saying things. That’s all I’m saying. It’s just a credibility issue.
THE COURT: Yeah, I know. You told me 404, 608. But I’m going —
MR. HORWITZ: No, no. Credibility as to Milliman, Deputy Milliman. In other words, you said did he really say these things, and I’m saying to you yes, he did.
THE COURT: Well, I wasn’t there. That’s the only reason I asked that.
MR. HORWITZ: Okay. He’s not denying it.
MR. SOTOS: He said the sheriff told him to murder somebody, too. He said a lot. He said the things that Mr. Horwitz said he said, and he said the sheriff told him to push a guy in front of a train who was a political opponent and that he told him to hang another guy and make it look like a suicide. And he said some of the stuff that Mr. Horwitz said, too. And I guess — I don’t know if counsel wasn’t done. So, I’ll —
THE COURT: No, that’s okay, counsel.
MR. HORWITZ: Just to be clear, Judge, he’s a very active member of the department. He’s been there about 15 years. He’s presently engaged in drug arrests and whatnot. He’s working very hard for the department right now.
THE COURT: He’s still working for the sheriff?
MR. HORWITZ: Yes. So, he’s working —
MR. SOTOS: Today he is.
THE COURT: Any proceedings started against him?
MR. SOTOS: I don’t have — I can’t really comment on what’s going on internally, but we did provide the sheriff with the deposition, Judge, and —
THE COURT: That’s not your business, anyhow, now that I think about it.
MR. SOTOS: Right. That’s how I’m looking at it.
THE COURT: That’s somebody else’s business, as far as that goes.
MR. HORWITZ: Before the deposition, I looked at his personnel file, any allegations lodged against him. There’s nothing, except for maybe a couple times he didn’t write a report correctly. So, that’s it.
THE COURT: All right. Now —
MR. HORWITZ: There’s another scheme.
THE COURT: What do you want to do? What else do you want to do so I can finally get this case — I mean —
MR. HORWITZ: Do you want me to tell you the other scheme or no?
THE COURT: No.
MR. HORWITZ: Okay.