Where’s the Beef?

Sheriff's Department's attorney James Sotos also investigated the Phil Pagano wrong doing.

As McHenry County Blog has been running what was said in Rockford Federal Magistrate P. Michael Mahoney’s courtroom on December 15th, some are probably wondering when they will be able to read the transcript of McHenry County Deputy Sheriff Scott Milliman.

That seems to be an important thing over which  both Zane Seipler’s attorney Blake Horwitz and Keith Nygren’s attorney James Sotos are jousting.

At the hearing, I thought I heard the judge say he would make a decision on whether the deposition would be sealed or not within a week.

Since it’s been more than a week since the 15th, I called the Federal District Court’s Clerk’s Office to see if a ruling had been filed.

Blake Horwitz discussing his representation of Zane Seipler.

What I found was that the two attorney’s were supposed to give the judge case law on the issue by the 22nd, but have not yet done so.

So, readers will have to be satisfied with references to the contents of the deposition.

Consider such references garnishments to the beef in the sworn deposition.

While us ordinary folk will have to wait (and maybe never get to see it), I would imagine any prosecutor could obtain a copy of that part of the deposition that has already been taken, plus the rest of it when it is complete.

= = = = =

Further clarification leads me to believe that Sotos had seven working days to file his reasons why the deposition should be sealed after which Horwitz would have seven working days to reply.  And then the judge would decide.  So, we are obviously into January before there will be a ruling.


Where’s the Beef? — 13 Comments

  1. Lets not forget the very important fact that the Deposition in question has not been finished. From the transcripts we can read that apparently Milliman claimed during the deposition to have hired a specific attorney. It looks like the Attorneys stopped the depositon at that point. When contacting the Attorney that Milliman claimed to have retained during his depositon the transcripts says the attorney named by Milliman said “he has not talked to Deputy Milliman” and “Doesn’t know what he is talking about” so the deposition was not finished.

    A bit troubling to say the least that according to these court transcripts it appears he either lied about this basic fact at his deposition time or at very least was confused about whether he retained counsel or who that counsel was.

  2. People call attorney’s offices all the time seeking representation.

    MOST, of the time, the general telephone receptionist takes the basic reason for the call, then usually passed the caller seeking an attorney on to the attorneys ParaLegal.

    Then, the person seeking to hire the attorney tells his or her story, and then the ParaLegal usually states, “I will have Mr. so and so get back to you.”

    Thus many people think they “Have an attorney.” This is a very common occurance.

    SO what, maybe the lawyer didnt want the case and didnt call Deputy Milliman back and Milliman never called him back either.

    So this is nothing more than that.. It certainly is not a sign that somebody has brain cancer.

    You sure are “Johnny” on the spot on all these stories, I give you credit.

    What’s wrong, the ‘Thong’ not fitting well this year so your not at the beach?

  3. If an experienced law enforcement officer who has testified frequently under oath in court for years stops a deposition because he claims to have retained counsel.

    I sure hope your scenario is not true.

    If your explanation is that this experienced courtroom veteran got confused about whether talking to a receptionist on the phone was retaining and hiring counsel in such a case then there is more to be concerned about than the possibility he could have possibly fibbed to avoid the opposing attorney’s portion of the deposition.

  4. I would imagine, and neither of us should speculate, but I’d imagine Deputy Milliman is going thru many emotions and thoughts and feelings he has never had to deal with.

    Im sure he is concerned about his own liability for things he may or may not have himself participated in.

    I know one thing. We weren’t there, and I hope we can give some leeway to those involved.

    I’m for letting this whole thing play out without prejudging anybody mentioned.

    Perhaps there are recordings going back to 2008 that will shed light on the ‘truth.’

    As in FBI wired tapes? i dont know the answer to this, but I think we will find out soon enough.

    Im am going to reserve judgement for the authorities who have in fact been involved in much of this for sometime now. This is one thing I know to be factual.

    Deputy Milliman didn’t just tell his drinking buddies at the Red Mill Inn about some of this stuff. He did in fact go to authorities going back at least 3 years or so.

    This, is a fact I do know to be a certainty. I’d be worried if I were some.

  5. So this is another example of why so many cases are abcklogged in the court system? Lawyers say that they’re going to do something, and then do not? Geeeeee, what a shock!!! I’ll bet that there are MANY who want to read Milliman’s deposition; those that believe what he says, and those that think he may have slipped a gear.

  6. AreYou, just so you know Sotos was not even at the Milliman deposition so he would not know first hand what attorney Milliman talked about.

    Milliman was still searching for the right attorney and has now made his choice.

    This has nothing to do with having any mental problems.

    Of course you and the dept. want to make him out to be crazy to deflect from his allegations.

    Milliman was tight with Nygren for many years, if any deputy knows about the dirt it would be him.

  7. Walrus, the way the transcript reads it certainly looks like it was the Sotos part of the depositon that was not done because of the claim of having hired an attorney.

    None of us can speak in certainty to if this was a lie or just confusion on Milliman’s part but it looks to be very troubling sign.

    What has been leaked and implied about Milliman’s story just is not making sense to this point.

    The bits on blogs so far seem very contradictory and lacking common sense.

    From what has been posted my understanding is that he has told his story to the FBI.

    At this point they are probably the best impartial party that can act on if they think the guy has come of the rails or not.

    Until they act I’m of the belief they have decided they have reason not to.

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