Zinke Special Procecutor Trial Delayed a Week

Andy Zinke shakes hands with his boss Sheriff Keith Nygren.

McHenry County Sheriff’s Sgt. John Koziol was in Judge Thomas Meyer’s courtroom as his attorney Jonathan Nye and Assistant State’s Attorney Patrick Kenneally spoke softly about preliminaries in the case.

Nye noted that the State’s Attorney had not make a decision on what it’s position would be.

Kenneally explained that Michael Combs, Chief of the Criminal Division, was getting his cast changed and asked for time for the State’s Attorney’s Office to decide what role, if any, it wanted to play in the case.

Judge Meyer, who rejected a petition from Deputy Sheriff Zane Seipler for a Special Prosecutor to probe Sheriff Keith Nygren, gave Lou Bianchi’s office a week to file paperwork.

He was going to give Bianchi’s office two weeks, but shortened it to one when Nye argued two weeks was too long.

Koziol has requested that a Special Prosecutor be named to probe his allegations that Undersheriff Andy Zinke compromised a Drug Enforcement Administration investigation of a Crystal Lake businessman.

Nye said he was willing to rely on the pleadings that he had already filed.

One issue that will not come up is whether Zinke has standing in the case.

Meyer allowed Nygren to have an attorney represent his interests, including participating in the deposition of Bianchi, but later concluded that the subject of the possible investigation had no standing.

Also in the room were Sheriff’s Department Affirmative Action Officer, Don Leist, an attorney, and McHenry County Board Chairman Ken Koehler.  Zinke was absent.

Koziol, Nye and Kenneally did not comment after the session, but Koehler said,

“The allegations are serious and wherever the court decides to go I hope they will look at…an agency that will cost the county nothing…Talking about a Federal drug case that is ongoing [it] would be fair to make a statement… [that] is a serious allegation and can’t be taken lightly.”


Comments

Zinke Special Procecutor Trial Delayed a Week — 21 Comments

  1. QUÍMICA INDUSTRIAL DEL CENTRO, QUICSA
    DE LA SECRETARIA DE LA REFORMA AGRARIA NO. 105, ZONA IND GPE ZACATECAS
    98600 GUADALUPE, ZACATECAS

    How is it connected to Rita Corp?

  2. There’s a faint stench in the air; seems that Nye is a classmate of Jim Harrison, a political rival of Zinke’s for the job,hmmmmmmmm.

    Couple that with the POSSIBILITY that Koziel IS a disgruntled cop for having been put back on the road from his Det. job, and the smell starts to get stronger.

    Zinke MAY have been wrong, but I refuse to convict someone based on reports of blogers and the newspaper. Innocent until PROVEN guilty I think is the way our constitution reads.

    BTW, why hasn’t the DEA charged Zinke, if THEY think there’s something there?

  3. Zinke charges are just skimming the slime off the political pond they call McHenry County.

    Lakewood Pres. endorsement, using words like “trust and credibilty” reaffirms the closed network of politicians masquerading as public servants, patting each other on the back.

    And. while we’re at it; why is Don Leist in the courtroom with look-at-me-everybody Chairman Koehler, pushing their own agenda?

  4. AZ – Ah here you go again.

    The Stench is choking!

    The DEA “Joh Doe” said it is part of a LARGER PICTURE – They need to regroup since Zinke spoiled a “meet”

  5. So the attorney requesting this was not only Jim Harrison’s divorce attorney but also his divorce attorney?

    Didn’t I also read that Harrison and Koziol worked together and are friends?

    Using special prosecutor requests to play out personal and political attacks has completely gotten out of control in this county.

    If Zinke undermined a DEA investigation I believe they are completely capable of investigating and prosecuting if they deem necessary.

    This appears to be nothing more than a political stunt and attempt to have taxpayers pay for a personal grudge.

  6. The fact is Koziol is the only one who went public on the investigation.

    Zinke brought in a 3rd party cooperating witness.

    He has that discretion as Koziol’s senior officer.

    These were 3rd party trucks coming from Mexico that were carrying some product for a local business but were making stopping at other locations prior.

    The local business cooperated, Koziol has now outed them to the violent Cartels that would have been responsible for the shipment.

    Let’s be clear: Zinke brought in a witness with evidence, Koziol publicly outed the investigation and the witness.

  7. I guess what I really get tired of in local politics is how we use special prosecutors in a targeted political personal level.

    I say if we really want to have an investigation in this matter lets keep it open to wherever the evidence leads.

    If (as it appears) Koziol is the one who made this investigation public then any investigation should be open to charge him and his attorney also.

    If that leads back to another political campaign then that individual should be charged also.

    These investigations with predetermined and limited targets are a waste of our money and not one in recent years in this county have proven to be anything but grudges played out on the taxpayer dime.

    If were going to do it let’s not pre pick the targeted individual let’s let the evidence take it where it may.

  8. FYI-saw the link and read BOTH responses; your point is?

    Let the DEA handle any crimes Zinke MAY have done; what is Koziel’s “dog in this fight”?

    He reported to the DEA what he thinks happened (or DID happen), so where does he get off asking for an investigation?

    It would appear that BSN and I want to wait for further information and the end of the investigation before we “Blog” that someone is guilty.

    Between you and Gus, I’m beginning to wonder who’s “Ox” was gored (in your own minds)harder by the Sheriff’s Dept. Follow the other Lemmings off the cliff if you’d like.

    I’ll stand over here and watch.

  9. It is NOT for Zinke to decide whether or not his campaign mgr. is involved or not.
    Andy had NO business telling him.

  10. RE: butseriouslynow (11:41 am), what are you smoking? Did a little pot drop off that trailer and blow up north?

    Zinke had no authority to bring in “a 3rd party cooperating witness”. He did NOT have “that discretion as Koziol’s senior officer.” Zinke revealed confidential information to a possible target in the investigation. Read the Petition for Special Prosecutor – all of it.

    How do you know that “3rd party trucks coming from Mexico … were making stopping at other locations prior”?

    You wrote, “The local business cooperated…” Move over; you’re still in the breeze.

    Koziol was the DEA contact, not Zinke. Zinke should have inquired through Koziol whether it might be permissible to alert Goode in order to seek cooperation.

  11. Yes Gus I have read the petition.

    Koziol claims he gave orders to Zinke and Zinke disobeyed…ummm…it doesn’t work that way.

    I see no allegations by the DEA and I am quite sure they are capable of bringing their own charges if they deem it necessary.

    To this point they apparently don’t.

    All reports are that RITA gave all possible information about the third party involved and opened their records completely.

    As RITA is a business and not the local public officials you usual target with your scattershot accusations I would tread a bit more carefully.

    RITA does not own over the road trucks.

    They would order raw material from a 3rd party company and then one of the two companies would arrange another 3rd party carrier for the transport.

    Goods like this may come straight through but often times are shared with other loads brought to distribution locations where the goods are split for their destinations.

    Because they are ordering raw materials and not finished goods their shipments would be ripe for a smuggler to piggy back on.

    If that is the case they would indeed be a vicitim.

    A victim and witness who now have been publicly outed by this petitioner.

  12. 30 tons of weed in 10 months destined for Rita Corp of Crystal Lake.

    Zinke was absolutely right in telling his good friend Brian all about the 30 TONS of WEED that was destined for Rita Corp of Crystal Lake over the last 10 months.

    As I understand it, police often tell possible suspects about their investigation ahead of time in order to give them a chance to offer up evidence and cooperate fully. Standard Operating Procedure.

    We should also be confident that the DEA/FBI saw absolutely no problem and could not justify any charges.

    It is a well known fact that the Feds work extremely fast and are extremely open and upfront about who they are investigating, when the will be arrested, how they go about collecting evidence and why investigations were initiated.

    I have always been amazed how forthcoming Federal Agents are whenever I ask them what they are investigating and who is the target.

    30 tons of weed isn’t really that big a deal anyway.

    I mean a ounce of high quality weed runs about $400, so that would mean that 30 tons would rake in barely, $384,000,000.

    Big deal.

    Yep, I agree, absolutely no story and nothing to see there.

  13. As usual, the cyber detective journalists have coded this one a bit too soon.

    Chomping at the bit to smear Zinke, I see.

    A wee bit of common sense is needed here.

    What are the odds that the owner of Rita Corp, a chemical business with at least a dozen affiliates throughout the world, would (or could) be deeply entrenched in a drug smuggling operation and have product shipped to his own warehouse (in McHenry County of all places) where, at least, a dozen or so people (going down the chain of command) would have some material knowledge?

    Isn’t is more plausible that Rita, which does not own OTR trucks, had their loads highjacked with drugs as the truckers went between shipment nodes.

    What about Koziol’s motivations?

    Did he and Lt Popovitz walk into Nygren’s Office and talk about Zinke’s alleged acts?

    Why is it Koziol’s complaint mentions General Orders and not just State Law?

    Why isn’t the DEA bringing a complaint?

    Is the original case over?

    Who is Agent Doe and what is the likelihood that they will participate in Koziol’s complaint?

    Did the DEA complain to Nygren?

    Wouldn’t the US Attorney get involved?

    Why is a divorce attorney filing Koziol’s complaint?

    Does Harrison factor into any of this?

    Why is Koziol on the road and on Mids?

    But then, Gus and Bachman wouldn’t have their conspiracy whistles to blow and fantastic Hollywood-esque magic yard to spin…

    I truly hope the aggrieved parties file the appropriate lawsuit. As of today, it seems that just may be Zinke, Goode and Rita Corp.

  14. The DEA investigates federal drug violations, not state “Official Misconduct” charges, so don’t look for a DEA investigation into crimes outside of its primary jurisdiction.

    Other federal agencies might be interested in pursuing this conduct, but probably not the DEA.

    More likely, the DEA will just cut McHenry County out of the loop on future drug enforcement operations taking place in McHenry County.

    The petition that was filed asks for an independent investigation, not a lynching.

    The State’s Attorney has a conflict of interest and the Sheriff has ties to the parties involved, these FACTS support the need for an independent investigation.

    No doubt Lou Bianchi’s office will arrive at the same conclusion.

    Why?

    Because it’s the proper thing to do under the circumstances in order to prove or disprove the allegations.

    From the affidavit, it appears that it was three months between the events described in the petition and the date when the petition was actually filed.

    During that time, the DEA was probably tying-off loose ends and engaging in damage control measures with its investigation into Rita Corporation.

    When undercover drug enforcement operations are compromised, the investigation is over.

    The public always learns last — unless the member of the public is tipped off!

    Brian Goode told a NW Herald reporter that the truck involved was not a Rita Corporation truck (this is the truck that was caught by the DEA carrying 4,000 pounds of pot headed for Rita Corporation).

    Nothing in the affidavit or petition filed said anything about whether the truck was a Rita Corporation truck.

    And who asked for documents from Rita Corporation anyway?

    Not Koziol or the DEA according to the affidavit.

    If you read the petition and affidavit you would have learned that Koziol didn’t order Zinke to maintain confidential information, Sheriff Nygren’s General Orders required Zinke to maintain confidentiality. Koziol appears to have merely reminded Zinke of his duty.

    Whatever Zinke’s rank, it does not permit him to interfere in federal investigations.

    If a special prosecutor is appointed, it should be fairly easy for him/her to confirm Koziol’s affidavit where he claims that he immediately reported the matter to the DEA Special Agent.

    If the DEA supports Koziol’s account of things, then a grand jury should be convened, criminal indictments should be filed against Zinke, and a public trial held.

    An independent investigation would show whether Zinke tipped off Goode with inside information about the DEA’s investigation, and only an independent investigation will determine whether any indictments are to follow.

    Are you suggesting that these allegations should not be investigated?

    What is your connection to the case…

  15. D’Artanyon, just a little too much mud in the water, for me, on this one.

    I have no connection, just a curious and morbid curiosity because recent history has shown these internal quagmires at the MCSO have unnecessarily cost the County taxpayers.

    What I am suggesting is that Koziol really has zero standing to seek an investigation and am openly wondering if Koziol even approached his superiors with this complaint before laying Zinke, Rita Corp and Goode out with accusations of interfering with a Federal Case.

    Last I checked, that would be somewhere in the GOs as well….

    I am suggesting this Agent Doe, if he/she exists, most likely won’t out themselves (since I bet Agent Doe is undercover of some sort) for Koziol’s case; which you, and everyone else, can infer relates to Koziol making a claim that will be unsubstantiated.

    Now, before you spout off and insinuate I mean Koziol shouldn’t have complained-I’m not, but he needed to follow protocol and report to his superiors.

    If Koziol did and Lt Popovitz and/or the Sheriff brushed it off, then he is right to do an end around.

    Bottom line, Koziol-if his allegations are true-is a witness, not a complainant.

    The attorney he had file this complaint is a only divorce attorney and it is suspicious that he has ties to Harrison (the same candidate who tried to get Zinke removed from the yet to be confirmed ballot for violations of the Hatch Act, which the OSC tossed….).

    The complaining party would be, if the person exists, Agent Doe and the DEA (after all, this was a federal case, not a state) -have they complained?

    Do you really suspect the Feds would just close down a nearly year long investigation that was obstructed by a high ranking public official?

    If so, subscribe to the DOJ emailing list, I read dozens of instances a week were public officials are indicted and convicted for violating law and obstructing the Feds.

    Almost sounds like a calculated and contrived conspiracy scandal to keep piling mud on the MCSO.

    It’s all the more muddy when you take into account Koziol went back to the road, on midnights, weeks ago-why?

    The election is a year off, what’s going to come up next?

    I’ve relished the number of points on a star battle.

    Rita-gate seems to be another case, along the same vein, of disgruntled, clique-ish employees who are spouting off.

    D’Artanyon, I have to ask, which candidate are you affiliated with?

  16. It is always the same knuckleheads that support the Nygren regime with unflinching, unquestioning devotion.

    How much of the dope money is flowing to you scumbags?

    Really? Butseriously? AZsupporter?

    How many children have you allowed people like Pyle to victimize? How many elderly citizens have been smacked around with your support?

    How many minorities do you target while pretending to serve and protect? How much money has your father given to Nygren’s campaign?

    How many porn videos has your sister-in-law starred in?

    How many good cops have you lied about and used fictitious names to avoid slander and libel suits?

    Zinke, Nygren, Pyle and all the players in this disgusting mess are on their way to were they belong.

    Pyle is already there, he’s keeping the cots warm for the others.

    I can’t wait till the Milliman trial starts.

    We haven’t heard a thing about that lately.

    Maybe someone should check the court records.

    Milliman is looking pretty good in Rockford.

  17. The Northwest Herald’s staff and staff writers are trying very hard to influence the readers away from real facts and squelch public support of the special prosecutor request.

    Remember the base facts were to look (inquire) into Undersheriff Andy Zinke’s alleged illegal acts.

    It’s a simple inquiry.

    Should we measure of the ethics of our Undersheriff by a different standard than someone else tipping off potential wrongdoers?

    The Northwest Herald’s 10-25-12 front page reads “Officer’s lawyer tied to candidate” followed by Kevin Lyons opinion page, “Where there’s smoke, expect more smoke”.

    In truth the politics involved is being created mainly by the Northwest Herald.

    Ratther than report the news, it concocts news.

    What are the Northwest Herald’s connections to Undersheriff Zinke and Sheriff Nygren?

    You want a connection?

    Attorney Mark Gummerson represents the Northwest Herald, the Sheriff, and the McHenry County Republican Party?

    Maybe that could explain a few things.

    Reminds me of Mark Twain’s saying. “Don’t let the facts get in the way of a good story.”

  18. Butseriouslynow, Really? AZsupporter and others are shills.

    How many times are we going to see word disgruntled?

    Why are there so many disgruntled employees at the Sheriff Dept?

    Everyone that tries to say anything against Zinke or Nygren is DISGRUNTLED.

    Isn’t this a clue?

    A sign?

    A great be flashing sign that something is wrong at the Sheriff’s Office and I mean “Really” “Butseriouslynow” WRONG.

    AZsupporter, it goes without saying.

    I’m sure it’s not AriZonaSupporter.

  19. The Northwest Herald’s staff and staff writers are trying very hard to influence the readers away from real facts and squelch public support of the special prosecutor request.

    Remember the base facts were to look (inquire) into Undersheriff Andy Zinke’s alleged illegal acts.

    It’s a simple inquiry.

    Should we measure of the ethics of our Undersheriff by a different standard than someone else tipping off potential wrongdoers?

    The Northwest Herald’s 10-25-12 front page reads “Officer’s lawyer tied to candidate” followed by Kevin Lyons opinion page, “Where there’s smoke, expect more smoke”.

    In truth the politics involved is being created mainly by the Northwest Herald.

    Rather than report the news, it concocts news.

    What are the Northwest Herald’s connections to Undersheriff Zinke and Sheriff Nygren?

    You want a connection? Attorney Mark Gummerson represents the Northwest Herald, the Sheriff, and the McHenry County Republican Party? Maybe that could explain a few things.

    The NWH reminds me of Mark Twain’s saying. “Don’t let the facts get in the way of a good story.”

  20. See the difference here is that all here want this mattered investigated.

    Half want it from the proper and allegedly aggrieved federal authorities in a manner that will let the evidence lead where it may.

    Whether that be Zinke or Koziol that made the investigation public.

    Why do you feel the feds are incapable of investigating and charging someone they believe interfered with their investigation?

    The other half want a targeted special prosecutor aimed specifically at a single preconceived target.

    The kind of political witch hunt that has cost taxpayers of this county dearly in the past few years with no real result for any side.

    Who are the political “shills” and who want a full investigation that does not presume where the evidence will lead?

    When you predetermine your target and then search for evidence that fits through a special prosecutor you aren’t championing the truth you are engaging in a witch hunt by very definition…it simply can’t be argued.

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