It’s been a month over two years since former Deputy Sheriff and 2010 GOP primary election opponent Zane Seipler filed his case asking for a Special Prosecutor to probe whether Sheriff Keith Nygren used government resources in his campaign for re-election.
Horwitz continues to press his opinion that all the delays are in order to allow enough time to pass since the infractions he presents to allow for a felony prosecution.
And, he points out,
“At no time has the County addressed Mr. Bianchi’s position that he will not investigate or prosecute the Sheriff as Mr. Nygren is the client of the State Attorney and doing so would put millions of tax payer dollars at risk in troubling economic times.”
Bianchi “refuses to investigate or prosecute for legal reasons,” Horwitz writes, “having nothing to do with the merits of the criminal conduct of Sheriff Nygren.”
Later Seipler’s attorney argues,
“Bianchi refuses to investigate, review or prosecute the felony theft and official misconduct allegations attributable to his client.
“Hence, he cannot zealously represent the People.
“In short, Mr. Nygren, merely due to his political position, gets a free pass to commit serial felonies.”
Attorney Blake Horwitz summaries the reasons that McHenry County State’s Attorney Lou Bianchi cannot do the job:Louis Bianchi, according to the brief, will not investigate the claims lodged …[for] the following reasons:
- “the McHenry County State’s Attorney would be caused to withdraw from the civil cases where it presently represents the Sheriff;
- “the McHenry County State’s Attorney may be prohibited from representing the “People” in any criminal prosecution initiated by the Sheriff’s deputies;
- “hiring outside counsel to defend the civil cases would amount to an enormous burden resulting in up to ‘millions of dollars’ in tax payer expense;
- “hiring outside counsel costs the tax payers an estimated savings of $10,000.00 per week.”
These allegations are ignored in the County’s motion, the brief reads.
Horwitz repeats evidence put in the court record from former Assistant State’s Attorneys Tom Carroll and Don Leist and points out that Leist now works for the Sheriff.
Distinguishing the current proceedings from a case cited by the County, Horwitz writes,
“In the instant case, there was and will not be an investigation.
“Hence, the relationship between Mr. Bianchi and Mr. Nygren as attorney and client is so significant that nothing can go forward.”
You can read the entire petition here.