Zane Seipler
Keith Nygren
Former McHenry County Deputy Sheriff Zane Seipler has filed a response to motions to impose sanctions on his client in his Special Prosecutor case, as well as an additional motion seeking sanctions.
The response points out that Nygren attorney Mark Gummerson “is absent a factual basis and cites to a statute that does not exist.”
It continues, “In short the Sheriff’s argument is grounded in speculation and should be denied.”
Blake Horwitz
Seipler attorney Blake Horwitz argues, “The County has submitted a de minimis arguement,” which says violates something called “2-619 principles.”
These principles apparently prohibit the other side from challenging “Petitioners factual claims in any manner.”
In expanding on the “statute which does not exist,” Horwitz states, “Petitioner and this Court are left to guess what exactly the Sheriff is arguing. A 2-619 dismissal is warranted only where it is clearly apparent that no set of facts can be proved supporting the claims. The ‘clearly-apparent requirement is not overcome by guesswork.” [Emphasis in the original.]
Horwitz then suggests the statute that Gummerson may be referring to and addresses it in an “even if” manner.
“Guesswork and speculation are the only arguments posited by the Sheriff. The Sheriff has delayed these proceedings and presented allegations and arguments devoid of any factual or legal basis.”
In addressing Special Assistant State’s Attorney Bill Caldwell’s motion to dismiss, Horwitz points out the County’s motion asks for dismissal because the Sheriff’s violations are “merely de minimis violation.”
“Apparently the McHenry County Board President [Board Chairman Ken Koehler], an outspoken Nygren supporter, does not want a prosecution to go forward. Thus, the County President condones
- the theft of thousands of dollars from the public coffers,
- official misconduct,
- prohibited political activities and
- theft of labor.
“Fortunately, however, political aspirations don’t trump the Illinois Code of Civil Procedure.”
Horwitz labels Caldwell’s argument ” a mere timewaster.”
Information about the second motion tomorrow.
The depth and presentation of Attorney Horwitz’ case has exposed the Sheriff and his Defense, who have not applied the law, but have used the “throw anything against the wall and see what sticks” strategy. Well, Defendant Nygren and Counsel, you’re in over your heads with Blake Horwitz Settlement in favor of Seipler can’t come soon enough, along with Nygren’s resignation.
I can’t believe anyone would support an investigation that could cost the county taxpayers millions on such a petty technical complaint… I mean lets spend millions of dollars to determine if someone may have made a mistake on how many points on a star emblem may have. Really?
Let’s face it, these election complaints are even more petty than those that failed so miserably aimed towards Bianchi. If the complainant in this case actually gets his investigation it will probably just draw attention to how petty the complaints are and will lead to taxpayer outrage in a direction he had not planned on.