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Archive for the ‘Deposition’

Mystery Sheriff’s Department Exposé Blogger Identified as Zane Seipler’s Wife Rose Seipler

April 18, 2012 By: Cal Skinner Category: Blake Horwitz, Deposition, John Nelson, Keith Nygren, Kurt Milliman, McHenry County Sheriff, McHenry County Sheriff's Department, McHenry County Sheriff's Department Exposed, Rose Seipler, Scott Milliman, Shadow's MCSD, Zane Seipler

James Sotos

In Zane Seipler’s Federal wrongful termination suit, Sheriff Keith Nygren’s attorney, James Sotos, is attempting to gain dismissal because of the posting of confidential case documents from Zane’s home computer.

His reasoning is that Seipler deliberately released documents (see them here) that were labeled “Confidential.”

The smoking gun from Sotos’s viewpoint was information subpoenaed from Google that the computer from which Zane Seipler’s self-identified blog, McHenry County Sheriff’s Department Exposed, was the same one used for the Shadow Deputy blog and one with almost the same title as Zane’s, The Real McHenry County Sheriff’s Office Exposed.

Seipler vehemently denied that he had posted to confidential documents.

Stated several times in several different ways, the message was the same:

“All I know is that I didn’t give anything out…I did not give out the documents to either web site.”

The story that emerged Tuesday in Rockford was that, unbeknownst to Seipler, his wife Rose, put up the other two blogs shortly after Kurt Milliman, former Deputy Sheriff Scott Milliman’s twin brother was shot to death.

Zane’s attorney asked his reaction to Kurt Milliman’s murder.

“I was afraid for a lot of people’s lives, mine included.”

Although Zane had told his wife not to involved herself in the case, she apparently did so in an attempt to protect her family.

Zane did not discover his wife’s involvement until after a second week of August, 2011, phone discussion with his attorney Blake Horwitz, which was overheard by Rose.

“It was heated and about this stuff and he’s asking me how this is possible and I’m saying I don’t know,” Zane testified.

“She approached me about it after hearing me and my lawyer arguing over the phone about how it got on the internet,” Zane testified.

Zane Seipler

“She was crying. She told me she had done it.”

“Why the hell did you do that?” Zane reported asking his wife.

“That the case could be dismissed?” Sotos asked.

“That’s something she could understand,” Zane replied.

He later explained that Rose was “extremely remorseful.”

Zane pointed out that he had previously “told her several times over the years not to comment on the newspaper or the blogs about the case,” but she did so anyway.

“That was the first time you talked to anyone but your lawyer?” Sotos asked.

“Yeah,” Zane replied.

He explained why he thought his wife has put up the secret information on the internet.

“She wanted to show what these people were all about…We’ve spent years being concerned about somebody’s getting killed…when you’ve heard that Sheriff Nygren said, ‘Kill Dave Bachmann,’ pushing Judge [Conrad] Floeter under the train.”

Rose was apparently following her husband’s example.

His wife told him, “You told me the only reason we’re safe is that you’re out there saying stuff,” referring to at least his blog, which he took down after the June sanctions motion was filed by Sotos.

“If I am known by people and they know there’s a fight going on, everyone will know where to look [if something happens to me or my family],” Zane explained.

Later Zane elaborated on his strategy:

“I can’t just disappear without [people knowing where to look].  It’s not the best protection in the world, but it’s all we’ve got.”

Keith Nygren

Sotos wanted to know when he had told Rose that.

“A long time ago.”

Coming back again, Sotos got this reply from Zane:

“You’ve got to remember she was crying. We were fighting.

“She didn’t want me to have any part of it. She didn’t want me to be involved.”

During Zane’s Republican 2010 primary campaign for Sheriff against Nygren [disclosure--I supported Zane in my precinct],

“He told me when I went to the Northwest Herald in the lobby [before the interview], ‘Go get good life insurance.’”

Sotos pressed on why Zane had not investigated the appearance of the secret documents after they appeared on the internet.

“Just because you guys write it (in the sanctions motion) doesn’t make it legit,” Zane replied.

As Sotos tried to get Zane to explain why he didn’t probe who had had posted the confidential personnel documents on the internet, Zane pretty much repeated his former answer,

“In all honestly I did not know it did not come from you guys. I knew it wasn’t me.”

Sotos pressed further about Zane’s two-month delay in trying to find out who had posted the confidential documents.

“I also thought it was a Greg Pyle thing with his super computer [talents].”

Whether Zane had told his attorney Blake Horwitz took up a lot of time.

“I had not told him” was but one way the question was answered by Zane.  And, “I never specifically told him that Rose did it.”

“I told my lawyer, ‘I think I need to get my wife an attorney.’

“My attorney specifically told me not to tell [him] anymore.”

Blake Horwitz

Asked by his attorney, “Why didn’t you tell me?” Zane replied, “Because I do understand there’s a privilege (between wife and husband) and, secondly, I was scared for her.”

Zane related having been “accused of felonies before by the Sheriff’s Department and this attorney [referring to Sotos].  I figured this would be a criminal issue.”

And that “Rose’s interests were not a concern of yours.  As an officer of the court you were going to have to do your job.”

Horwitz could and did speak for himself.

He knew that there were only three adults regularly in the home, Zane, Rose and babysitter Eileen Marhoefer.

“Did you think I understood, my having a brain, I couldn’t figure it out?” Horwitz asserted in a rhetorical question.

There were extensive discussions about the extent of attorney-client privilege during the 9:30 to 5:15 hearing with the Judge Frederick Kapala explaining that the privilege was the client’s and could be waive in part or in whole.

Sotos used comments on Zane’s official blog to suggest that Zane was threatening to release the confidential court records.

Prime focus was on a December 2, 2010, paragraph posted after the Thanksgiving Week deposition of Deputy Sheriff Kurt Milliman:

“If the time comes that I feel my life, my family’s lives or any one’s life is in danger because of Nygren, I will send what I have directly to the Media. (And I’m not talking about those hack newspapers here in McHenry County.)”

Another of Zane’s blog posts elicited this explanation:

“I had just heard [Scott] Milliman’s deposition the read the Northwest Herald article about it when I posted this. I was very afraid for my life. I had been down to Mexico…We sat there [in Milliman's deposition] discussing murder, drugs, illegal immigrants…the kind of things people get killed for.”

Sotos asked if there were any other reason “to think your life might be in danger.”

“Yes,” Zane replied. “I have a Special Prosecutor going on with regard to [Nygren's using his office for] for campaigning.”

Milliman’s deposition had a major impact on Zane.   While discussing the people he had been asked to kill, “he [Milliman] started crying a couple of times,” Zane said.

“When he testified, he was terrified.  His brother gets killed six months later.”

Scott Milliman was compared to "Big Bird" in the Northwest Herald.

Pretty much the same litany of alleged crimes by Sheriff Nygren, as stated by former Deputy Scott Milliman in his deposition, came up Tuesday as came up in the last hearing before McHenry County Associate Judge Thomas Meyer in the Special Prosecutor case.

Shortly after the deposition, Scott Milliman was put on administrative leave for not telling the truth, among other stated reasons.  Later he was fired for violating a “truthfulness” requirement of the Departmental General Orders.

The leak of the Scott Milliman confidential deposition to the Northwest Herald came up for discussion, as did a confidential Woodstock Police report that was distributed in the Sheriff’s Department prior to the February, 2010, GOP primary election.

The Pavlin case was revealed as the topic of several Zane blog posts which hinted at information that he knew that his readers did not.  Zane revealed he gave Grand Jury testimony and saw the deputies involved write their reports together.

Judge Kapala tried the Pavlin case and reached this decision.

Rose’s attorney Dennis Giovannini was in the courtroom during part of the session.

Kurt Milliman

Kurt Milliman’s murder took place down the road from Centegra’s Woodstock Hospital and the Sheriff’s Department investigation found no involvement beyond the man charged with shooting him and the man’s wife, whom, as the official story goes, had offered oral sex in a Craig’s List ad that Kurt Milliman had answered.

There was some heretofore unreported information about contacts Zane received from policemen in other municipalities seeking advice on how to publicize racial profiling and civil rights violations as Zane had.

Those calls came from policemen in

  • Berwyn
  • Blue Island
  • Carbondale
  • Metropolis

Also appearing in court today was McHenry County Sheriff’s Sergeant Greg Pyle.

Prior to his brief appearance, his attorney William McCarthy argued that notice had been inadequate, pointing out that personal service had not been made until he appeared in court on his McHenry County criminal charges last Friday.

Judge Frederick Kapala

Although McCarthy pointed out that Pyle would invoke his Fifth Amendment right against the possibility of self-incrimination, Judge Kapala ruled that the letter mailed to his parents’ home, plus the personal service was adequate.

Pyle asserted his right against potential self-incrimination on all questions, although, the Judge did allow him to explain his service in the Sheriff’s Department

Questions from Horwitz that went unanswered included his computer training and expertise.

Cooling their heels outside the courtroom all day were future witnesses Rose Seipler, Scott Milliman and John Nelson.

McHenry County Sheriff’s Department Affirmative Action Officer, Donald Leist, was in the courtroom.

The next hearing is at 9:30 on May 23th.
= = = = =

Articles explaining the dueling sanctions motions:

Links to the articles containing the entire 10,000+ word transcript from December 15th, mainly about Sheriff Deputy Scott Milliman’s deposition, can be found at the links below:

Bianchi Attorney Wins Ability to Question Quest Concerning Hidden Evidence

June 20, 2011 By: Cal Skinner Category: Deposition, Evidence, Lou Bianchi, McHenry County State's Attorney, Quest International, Terry Ekl

One of the refrains during the first criminal trial of McHenry County State’s Attorney Lou Bianchi was that Special Prosecutor Henry Tonigan had not handed over evidence in a timely fashion.

Or, maybe not at all.

Today, Judge Joseph McGraw ruled that Bianchi attorney Terry Ekl has the right to depose Quest officials about that evidence.

The order Judge McGraw issued today concerning the motion sanctions for discovery violations by the special prosecutors is below:

“Our motion included a request that the Quest investigators be required to testify under oath concerning the discoverable material not turned over to us,” Ekl explained.

Is This “The Beef?”

January 10, 2011 By: Cal Skinner Category: Deposition, Northwest Herald, Scott Milliman, Zane Seipler

When McHenry County Blog was running over 10,000 words of a Federal court transcript referring to a deposition Sheriff’s Deputy Scott Milliman gave in Zane Seipler’s wrongful termination court suit, a “Where’s the Beef?” post was included.

On Sunday the Northwest Herald’s new courthouse reporter Sarah Sutschek wrote an article based on the deposition itself:

Deposition in complaint

lists allegations

Not being privy to a copy of the deposition, which Sheriff Keith Nygren attorney James Sotos said in the transcript of the December 15, 2010, hearing had been given to the Sheriff’s Department, I don’t know how well it covers the highlights.

But, let’s assume it lays out pretty much everything covered.

Since the Northwest Herald makes readers pay for reading its content after about three days, now is the time to read the article, if you have not already.

Links to the articles containing the entire 10,000+ word transcript from December 15th can be found here.

Other articles that might be of interest:

Rockford McHenry County Sheriff’s Department Revelations Move to Woodstock Courthouse in Call for Special Prosecutor

December 29, 2010 By: Cal Skinner Category: Blake Horwitz, Code of Silence, Deposition, illegal aliens, Illegal Immigrants, Keith Nygren, McHenry County Sheriff, McHenry County Sheriff's Department, McHenry County State's Attorney, Mexico, Scott Milliman, Special Prosecutor, Transcript, Zacatecas, Zane Seipler

The seven-pointed star appears on this letter of endorsement GOP primary State's Attorney candidate Dan Regna by Sheriff Keith Nygren. Click to enlarge.

December 15, 2010, there was a Rockford court hearing in which 15-year McHenry County Sheriff’s Deputy Scott Milliman’s sworn deposition testimony was discussed in Zane Seipler’s wrongful termination case against the Sheriff’s Department.

Seven-pointed star can be seen to the left of the entrance to the McHenry County Jail.

Now the arena moves to Woodstock where Zane Seipler attorney Blake Horwitz has filed a request to broaden his request for a special prosecutor to investigate McHenry County Sheriff Keith Nygren.

The motion outlines Horwitz’ previous allegation:

“Pending before this Court is a Petition to Appoint a Special Prosecutor with regard to theft of services concerning the illegal use of the Seven Point Star for both political and official purposes.

“New allegations have now surfaced warranting the supplementation of the second with additional data in support of the pending Petition.”

The motion continues,

“Since the most recent hearing in this cause, a transcript of a federal civil rights action involving Sheriff Nygren, has become publicly available.  [A footnote here reads, "The transcript contains the proceedings of a court hearing before Federal Magistrate Judge Mahoney of the Northern District of Illinois held on December 15, 2010 in a cause entitled Seipler v. Cundiff, et. al,, Case No. 8 C 50257.  The transcript of this hearing is attached hereto as Exhibit A."]

Page 1 of Zane Seipler's December 27, 2010, motion. Click to enlarge any image.

Continuing the motion reads,

“The transcript discloses statements made by Deputy Scott Milliman, a 15-year veteran of the McHenry County Sheriff’s Department, which reveal previously secret criminal conduct by Sheriff Nygren.  Specifically, the transcript discloses deposition testimony by Deputy Milliman in Seipler v. Nygren, et. al., regarding criminal activity by Sheriff Nygren to which Mr. Milliman was a witness.  The transcript also establishes that a code of silence exists in the McHenry County Sheriff’s Department and discloses that seven other officers set forth that they will be retaliated against if they break this code.  The transcript also reveals that Sheriff Nygren was observed to have committed and/or participated in the following:

Page 2 of Zane Seipler's December 27, 2010, motion.

  • “Engaged in ‘Solicitation of Murder,’ in violation of 720 ILCS 5/8-1
  • “Facilitated and promoted the trafficking of illegal aliens from Mexico to McHenry County, in violation of 720 ILCS 5/8-2 and the Federal Immigration and Nationality Act (8 U.S.C. Par. 1324(a)(1)(A)(iv)(iii)
  • “Covered up racial profiling in the McHenry County Sheriff’s Department where at least one member in 2008 falsified the race of Hispanic drivers on at least 140 occasions, in violation of 720 ILCS 5/8-2.1 and
  • “Participated prior to 2007 in a pay-off scheme with a member of the McHenry County State’s Attorney Office, whereby pending criminal prosecutions were dropped as nolle prosequi in exchange for money, in violation of 720 ILCS 5/33-1 and 720 ILCS 5/33-2.”

“The specific facts attesting to the criminal allegations noted above are subject to a protective order in Seipler v. Nygren, et. al., and therefore are not publicly available.  Hence, Petitioner cannot tender these additional facts to this Court at present, but can and does refer to the publicly-available hearing transcript discussed above.”

Under the heading, “Other Information in the Public Domain,” Horwitz notes, “There is one other item of information that is in the public domain regarding Sheriff Nygren’s alleged criminal participation in a conspiracy to murder: Deputy Milliman testified that one victim of attempted murder was a political adversary of Sheriff Nygren.”

Page 3 of Zane Seipler's December 27, 2010, motion.

The next paragraph reads, “With regard to the trafficking of illegal aliens, it is well-established that Sheriff Nygren developed an exchange program between a local police department from Zacatecas, Mexico and McHenry County. Petitioner has sound reasons to believe that this exchange program facilitated the transportation of illegal aliens to McHenry County.”

“With regard to the pay-off scheme (money for case dismissals),” the December 27th motion continues, “if current members of the McHenry County State’s Attorney Office were also involved in this scheme, it would be prudent for this Court to appoint a Special Prosecutor to investigate this matter on behalf of the People. [A footnote here says, ”The appearance of impropriety mandates the appointment of a special prosecutor.  See People v. Lang, 805 N.E.2nd 1249, 346 Ill. App. 3rd 677 (2nd Dist. 2004); In re Guardianship of Angell, 26 Ill.App.2nd 239, 243 (State's Attorney has an allegiance to the People); Fleming v. Kane County, 1986 WL 1414 (N.D. Ill 1986) (accord)."]

“Lastly, given the gravity of the offenses that have been alleged by Deputy Milliman, it would be in the best interest of McHenry County for an independent Special Prosecutor to further investigate these matters.

“WHEREFORE, Petitioner respectfully requests that this Honorable Court appoint a Special Prosecutor to investigate allegations of criminal wrongdoing by Sheriff Nygren.”

This motions is signed by Blake Horwitz, Zane R. Seipler’s attorney.

Seipler attorney Horwitz concludes that “given the gravity of the offenses that have been alleged by Deputy Milliman, it would be in the best interest of McHenry County for an independent Special Prosecutor to further investigate these matters.”

= = = = =

See these posts by McHenry County Blog, which reprint the first parts of the transcripts of the December 15, 2010, Federal Court hearing before P. Michael Mahoney:

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

The rest of the over 10,000 word transcript will be published in bite-sized pieces as the days roll on.

Ancel Glink’s March Bill to Grafton Township – Part 8

April 28, 2010 By: Cal Skinner Category: Ancel Glink, David Moore, Deposition, Forensicon, Grafton Township, Grafton Township Supervisor, Grafton Township Trustee, Keri-Lyn Krafthefer, Linda Moore, Photocopies, Thomas DiCanni

Grafton Township Supervisor Linda Moore stands with arms crossed looking at Township Trustees the night of December 12, 2009, one of the nights the Trustees censured her.

It was the 30th day of the month of March where we left off looking at the Ancel Glink bill for defending the four Grafton Township Trustees in Linda Moore’s Separation of Powers suit against them and Township Attorney Keri-Lyn Krafthefer.

Page 4 of what Grafton Township law firm Ancel Glink calls its "Linda Moore v. Grafton Township" section of it March invoice. Click to enlarge.

Litigation Partner Thomas DiCianni adds to his 3¾ hours on the previous page for court time and a phone call with Township Administrator Pam Fender “regarding access to desk.”

On this fourth page of the $18,500.75 invoice to defend the Trustees and his partner Krafthefer, DiCianni bills for

  • a quarter hour for “telephone conference with Pam Fender regarding Township phone lines,”
  • a half hour for a “telephone conference regarding Moore’s efforts to undo order,”
  • a quarter hour to “review Motion to Continue Depositions; Motion to Reconsider,”
  • a quarter hour to “research cases regarding powers of Township Board,” and
  • a quarter hour to “research case issues and correspond on same.”

Partner Krafthefer, not billing for two hours while in court, did bill for

    Keri-Lyn Krafthefer

  • a quarter hour to “prepare correspondence to police department and state’s attorney regarding server,”
  • a quarter hour to “confer with witnesses prior to court hearing,”
  • an hour for “numerous phone calls advising clients regarding implementation of court order; prepare correspondence to AT&T regarding DSL line,”
  • a quarter hour to “confer with Forensicon regarding states of forensic evaluation of server,”
  • an hour “confer(ing) with Trustees LaPorta and McMahon to update on court proceedings this morning” (McMahon attended the hearing, along with Trustee Betty Zirk and Township Administrator Pam Fender.),
  • a quarter hour in “preparation of revised document received for Plaintiff’s (Moore’s) deposition notice,
  • a half an hour “review(ing) materials regarding senior bus service and waiver; prepare correspondence to State’s Attorney,”
  • a quarter of an hour “communicat(ing) with AT&T regarding phone service,”
  • two and a quarter hours “outlin(ing) issues for amended counterclaim; begin drafting chronology of events,” and
  • a final quarter hour “review(ing) general provisions for general assistance law.”

105.75 hours for the firm of Ancel Glink, totaling $18,193.75 in legal fees.

In addition there is shown $306.98 is in photocopying bills and a fee to subpoena Supervisor Linda Moore’s husband David for a deposition.

The final page of the Linda Moore v. Grafton Township invoice for March, 2010.

The last page of the four-page bill contains the $18,500.75 total.

Ancel Glink’s March Bill to Grafton Township – Part 7

April 27, 2010 By: Cal Skinner Category: Ancel Glink, AT&T, Betty Zirk, CEO, Chief Executive Officer, Deposition, DSL Line, Ellen K. Emery, First Electric Newspaper, Forensic Computer Technician, General Assistance, Gerry McMahon, Grafton Township, Grafton Township Hall, Hijacking, Huntley Police, Jeffrey R. Jurgens, John Nelson, Keri-Lyn Krafthefer, Kevine Keane, Linda Moore, McHenry County State's Attorney, Michael Caldwell, Pam Fender, Pete Gonigam, Thomas DiCanni

Grafton Township Trustees Barb Murphy, Rob LaPorta, Betty Zirk and Gerry McMahon.

This article covers the third page of the $18,000.73 bill from the Grafton Township law firm Ancel Glink for services regarding the Separation of Powers suit filed by Supervisor Linda Moore against the four Township Trustees.  We are now on the third page where more March 19th bill notation are shown.

March 19th, a Friday, Keri-Lyn Krafthefer spent 3.75 more hours researching “powers and duties of supervisor and other legal issues raised in the complaint.

Monday, March 22nd, Jeff Jurgens was researching the subject as the supervisor’s limitations as a Chief Executive Officer.

Krafthefer, meanwhile, was preparing more correspondence to Huntley Police Detective Kevin Keane.

March 23rd, Tuesday, Krafthefer shared her information in the counterclaim with the McHenry County State’s Attorney’s Office and exchanged correspondence with the police detective.

Besides that Krafthefer’s time was spent coordinating “issues with Forensicon relating to mission public records.”

Wednesday, March 24th, Krafthefer worked on

  • the “issue of the DSL line failing,”
  • “items needed for depositions,
  • “bill payment issues related to allegations in amended counterclaim,”
  • “responses to false allegations in Supervisor’s Complaint,” and
  • drafting “initial sections of amended counterclaim.”

Thursday, March 25th, was phone day. Krafthefer was on the phone two hours with AT&T “regarding supervisor’s unauthorized hijacking of Township phone numbers, plus “numerous phones (sic) calls with Township’s officials regarding same.”

She also conferred with the “forensic computer technician” and the “State’s Attorney’s investigator.”

The township attorney drafted a “Notice of Motion and Motion.”

Krafthefer also “finalize(d) materials for court” and “prepare(d) witnesses for hearing.”

Also on the job was Ellen K. Emery, another $185 an hour attorney with Ancel Glink. She prepared a ‘Notice of Motion for Emergency Motion for Temporary Restraining Order and g(o)t notice to opposing counsel.”

Almost eight hours of billing in total.

Friday, March 26th, Thomas DiCianni and Krafthefer were off to court with Betty Zirk, Gerry McMahon and Pam Fender. Moore was there, too, but her Rockford attorney John Nelson could not make the morning hearing.

DiCianni billed 4 and a half hours for the court hearing.

Krafthefer prepared for and attended the court hearing on the TRA, billing 2 hours, but noting in parentheses “NO CHARGE.”

For 3.75 hours Krafthefer

  • worked on issues related to evidence,
  • met with the State’s Attorney’s investigator,
  • exchanged correspondence with AT&T,
  • had several phone calls with AT&T and “Township regarding same,” and
  • conferred with an unnamed client regarding status.

Come Monday, March 29, DiCianni was researching “cases on supervisor’s powers on board,” while Krafthefer still working on the problems with AT&T and reviewing “correspondence campaigning (sic) about denial of general assistance benefits.”

She was also offering advise about an “issue related to forensic computer evaluation.”

The first part of the Tuesday, March 30th, bill appears on page 3 of this section of the bill titled Linda Moore v. Grafton Township.

March 30th was the day of the Township Trustees’ effort to obtain direct telephone service from the township phone numbers.

Since no photographs are allowed in courtrooms, this one of Ancel Glink Partners Keri-Lyn Krafthefer and Rob Bush from the Grafton Annual Town Meeting will have to suffice.

DiCianni billed 3.5 hours in court “regarding hearing on Motion for Temporary Restraining Order before Judge Caldwell,” plus another quarter hour for a “telephone conference with Pam Fender regarding access to desk.”

For the rest of what was charged taxpayers for the day during which DiCianni replied  a terse, “No comment,” to the First Electric Newspaper Editor Pete Gonigam’s question for one, you’ll have to wait until tomorrow.   That’s the day DiCianni’s and Krafthefer’s clients were threatened with being found in contempt of court.

Linda Moore on the phone in the outer office of the township supervisor's long-time complex in the Grafton Township Hall.

That was the hearing in which Ancel Glink got what it asked for, but not what it wanted. It resulted in Judge Michael Caldwell’s ordering the Trustees to allow Moore back in her and her predecessor’s office complex.