The following was received from former Deputy Sheriff and 2010 GOP Primary candidate against Keith Nygren:
Since very few “news” entities have asked for my side of the settlement story I have drafted this statement that the McHenry County Blog was willing to post.
Earlier this month I entered into a settlement agreement that amounts to a Quid Pro Quo resolution to the Federal lawsuit I filed in 2008.
As many of you know a Federal Judge wrote an opinion that stated I gave perjurious testimony during an evidentiary hearing regarding the internet posting of evidence that highlighted McHenry County deputies and their involvement in incidents that many people would categorize as crimes.
I did not give perjurious testimony.
The Judge heard evidence presented by both sides’ attorneys and under the “Preponderance of the Evidence” standard which is the prerequisite in this type of civil hearing, the Judge authored an opinion.
The Preponderance of the Evidence standard is well below the threshold of “Beyond a Reasonable Doubt” which is used for criminal cases.
McHenry County, having unlimited resources, was able to hire a superior law firm to handle this case.
I, unfortunately, was at a disadvantage from the beginning of this endeavor, as I have very little, if any resources, capable of competing in such an arena.
Mistakes were made leading up to and during the evidentiary hearing that led the Judge to his conclusion.
The Judge was asked by the County’s attorney to authorize a criminal investigation into my statements.
The Judge denied that request and instead levied a heavy fine.
It was my deepest desire that a criminal investigation would have taken place because I would have been able to present all the evidence I have acquired over the years and entered it into evidence as part of my defense.
I also would have been tried by a jury of my peers.
I did not have the resources to appeal the Judge’s ruling.
The next step of the process was to argue why the case should continue to trial.
The County’s attorney was going to ask that the case be dismissed until I could pay the fine.
If the Judge ruled in favor of the County the case would be dismissed or held in some state of judicial limbo until I could pay the fine.
Why did the County decide to settle?
The other possibility was that the Judge would send the case to trial and I would pay the fine later.
The County’s attorneys did not want to take that chance that this case would go to trial and the evidence would be made public.
I did not want to chance another disastrous outcome as I did in the evidentiary hearing.
An arrangement was made that alleviated me of all financial responsibilities and the County made an arrangement that alleviated them of any guilt.
Quid Pro Quo
Outgoing Sheriff Keith Nygren claims this Quid Pro Quo settlement agreement is some kind of victory and vindication to my allegations of racial profiling and officer misconduct.
The fact of the matter is the County’s attorneys did not want this case going to trial because they would lose.
That is why the County and Keith Nygren made a deal with me that not only alleviated a $240,000 fine but vacated the ruling all together.
The County also agreed to let me keep $26,000 in unemployment benefits.
The County agreed to change my employment status from “terminated” to “resigned” and provide me with a letter of recommendation in accordance with County procedure.
Here are the costs of Outgoing Sheriff Nygren’s alleged victory over Zane Seipler.
- $100,000 to the County in lawyer fees plus adjustment on insurance premiums [deductible is now $250,000 per case].
- Unknown hourly wages for all the deputies and commanders who were deposed.
- Unknown travel expenses.
- Total breakdown in the administrative system of deputy oppression.
- National recognition of Nygren’s mismanaged administration by the Chicago Tribune.
- The catalyst for a grass roots political uprising against a system of corruption that Outgoing Sheriff Keith Nygren was a fundamental part of creating.
$276,000 in back pay and unemployment payments.
- $240,000 that will never find its way back to the taxpayers.
- The catalyst for Deputy Scott Millman’s ongoing lawsuit that highlights criminal activities far worse than racial profiling.
- Continuous scrutiny by the County Board and the community into Keith Nygren’s grandiose claims of success and accomplishment.
Outgoing Sheriff Nygren did not win anything.
He was able to use taxpayer resources to thwart a civil trial that would have completely destroyed his legacy and the careers of a handful of his administrators.
There is no victory for Outgoing Sheriff Keith Nygren.
His handpicked successor, Deputy Zinke lost the election.
His political allies have jumped off the Nygren bandwagon and have rightly begun supporting a good man, Republican Candidate for Sheriff Bill Prim.
Before long Outgoing Sheriff Nygren will be a distant memory of a time in McHenry County when people were afraid to challenge a bully and stand up to Good Ole Boy politics.
I am proud that I had a hand in ushering Nygren and his regime out of power.