McHenry County Blog

A press release from the McHenry County Sheriff’s Department:

Outdoor Cannabis Grow Operation

McHenry County Sheriff’s Office announced today the seizure of approximately 2,000 cannabis sativa plants from a wooded area in unincorporated Hebron, Illinois. On May 11, 2013, Sheriff’s Deputies were called to the area of Nichols Rd. and Hillside Rd., Hebron for a trespassing complaint.

A hidden marijuana plot was found near the intersection of Nichols and Hillside Roads northwest of Hebron.

A concerned citizen had stumbled upon a campsite in the middle of the woods and startled two unidentified Hispanic males who then fled the area on foot.

Sheriff’s Deputies were unable to locate the offenders, but did locate two cleared out areas in the dense woods that were being prepared for the planting of this illicit crop.

Two Hispanic men ran from the pot farm. Photo of tent from Sheriff’s Department.

The McHenry County Sheriff’s Office Narcotics Unit was called in to process the scene and recovered approximately 2,000 cannabis sativa seedlings, fertilizer, soil, hoses, food, water, and camping equipment.  Undersheriff Andrew Zinke estimates the street value of the plants at $1,000,000 (if harvested).

The Undersheriff would like to inform residents that as summer approaches, persons involved in growing cannabis head into rural areas to tend to crops of cannabis plants. In recent years the Narcotics Unit has recovered over 20,000 cannabis plants from outdoor cannabis grow operations. Typically these illicit crops are located in areas such as: swamps, corn fields, wooded areas, along rivers, and on rural rental properties with large acreages. Cannabis crops can be harvested as early as August and as late as the beginning of October.

Common indicators of outdoor cannabis grow operations include:

Photo of marijuana plants provided by the Sheriff’s Department.

• Abandoned vehicles parked on side roads or trails
• People observed walking in remote areas for no apparent reason
• Bags of fertilizer, planting trays or chemicals located in remote areas
• Well trampled trails in wooded or swamp areas
• Cleared out areas in swamps, wooded areas or corn fields
• Numerous signs appear out of nowhere indicating “No Trespassing”

Be aware that in some cases outdoor cannabis grows are guarded or protected by “booby” traps. If discovered, contact law enforcement immediately.

Do not enter the grow location, turn around and immediately leave the area the same way you came in.
Residents are encouraged to contact your local law enforcement to report suspected narcotic activity and other suspicious activity. Those wishing to remain anonymous can contact McHenry County Crime Stoppers at 1
-800-762-7867 (STOP).

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Read about the 2008 unsolved marijuana plot on McHenry County Conservation District land here.

Read about the 2009 unsolved marijuana plot on McHenry County Conservation District land here.

Fresh off a $50,000 fund raising quarter, McHenry County Sheriff’s candidate Bill Prim is holding a fund raiser at Finance Chairman Gary Rabine’s Johnsburg home.

The event will be from 5;30 to 8:30 on Friday, May 31st, at 4,505 Farmington Lane.

GOP Precinct Committeemen get the best deal–$15 or $25 for the Committeeman and a guest.

Those 16- 26 are being charged $25.

Those older have a price of $45.

You can pay for tickets here.

Prim is running against Sheriff Keith Nygren’s pick, Andy Zinke, in the GOP Primary and Jim Harrison, who is running as an Independent, in the November, 2014, General Election.

Although Scott Milliman’s deposition was sealed, the Northwest Herald ran parts of it in an article.

That headline pretty much summarizes the final question Federal Judge Frederick Kapala had to decide in whether or not to dismiss former McHenry County Sheriff Deputy Scott Milliman’s wrongful termination suit.

The Judge points out it had to determine “whether the constitutional right violated was clearly established when defendants engaged in their retaliatory actions…

“In this case, it means that Milliman must show that the law was clearly established that a sheriff could not terminate a deputy sheriff for providing true testimony, pursuant to a subpoena and while under oath, that the sheriff and other deputies had engaged in illegal and otherwise corrupt activities.”

Sheriff Keith Nygren and Deputy Scott Milliman during friendlier days.

The Judge then cites the 2007 case of Morales v. Jones.

The case found that a police chief could not take retaliatory action against a subordinate for exposing corruption by the chief in a sworn deposition in a civil case.

“Accordingly, based on the facts as alleged in the complaint,” Kapala wrote, “Milliman has met his burden to demonstrate that the law was clearly established at the time of the violation, and therefore this court declines to dismiss Milliman’s complaint based on [a concept called] ‘qualified immunity.’”

Milliman’s wrongful termination suit was filed in December, 2011.

He was fired on August 17, 2011.

To read the entire decision, click here.

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Article one is here.

Article two is here.

Scott Millliman

While half of Scott Milliman’s court case counts were dismissed by Federal Judge Frederick Kapala, three remain.

Two are based on unconstitutional violations of former McHenry County Sheriff’s Deputy Scott Milliman’s rights of free speech under the First Amendment.

To put it in the Judge’s words, “This court finds that Milliman’s complaint plausibly sets out a claim for relief as to the first element of the Connick-Pickering test [whether "the speech in question addresses a matter of public concern"].

“The context of Milliman’s speech centered around illegal actions allegedly being performed by the McHenry County Sheriff and his deputies. The content of Milliman’s speech, then, unquestionably concerns matters of public concern.”

As the case states, “Speech that accurately exposes official impropriety or corruption may certainly be described as highly critical of the officials it targets, yet it has generally been accorded the greatest level of First Amendment protection.

“The context of the speech, at least alleged in the complaint, was that Milliman was subpoenaed to testify in a deposition and…his speech was mandatory and required to be truthful under penalty of perjury,” the decision continues.

“There is nothing in the instant case to suggest that Milliman has had any personal stake in the accusations against Nygren and other deputies.

“Finally, in a verbal deposition provided under subpoena…courts typically consider [it] a protected form of expression.

“Accordingly based on the allegations in the complaint which this court is required to accept as true at this stage the complaint plausibly sets out a constitutional violation.”

Judge Kapala lays out the six elements of the “Pickering” case balancing test:

1. whether the speech would create problems in maintaining discipline or harmony among co-workers
2. whether the employment relationship is one in which personal loyalty and confidence are necessary
3. whether the speech impeded the employee’s ability to perform (his) responsibilities
4. the time, place and manner of the speech]
5. the context within which the underlying dispute arose
6. whether the speaker should be regarded as a member of the general public

“Defendants argue that, because Milliman made particularly vicious claims in his deposition testimony–including accusing Nygren of solicitation of two murders and human trafficking–and that police agencies are given more leeway to discipline employees given the rigid structure of police command…that his court should set aside the fact that there is little on the record to perform the Pickering balance test and dismiss the case nonetheless.

“The court notes, however, that the fact Milliman made potentially damning accusations against Nygren cuts both ways.

“In his complaint, Milliman alleges that all of his deposition testimony was truthful.

“Accepting that allegation as true, as the court is required to do at this point, Milliman’s exposure of murderous and felonious activities carried out by the McHenry County Sheriff and his deputies would receive extra protection under the First Amendment as being of particular concern to the general public and vital to informed decision-making.

“Accordingly, although those allegations may be extra disruptive to police discipline, truthful allegations of the same behavior would illuminate a serious deficiency in a public official of significant authority and trust.

“Nevertheless, there are still many issues in this case that are not yet sufficiently developed to permit the court to do any intelligent analysis of the factors set out in Gustafson.

“Accordingly, because the complaint sets that Milliman’s speech is a matter of public concern and because it is not possible on this record to determine whether the employer interest in maintaining discipline outweighed Milliman’s interest in free speech, the court finds that the complaint plausibly alleges a constitutional violation.”

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Part one is here.

Article two is here.

Article three is here.

Federal District Court Judge Fredrick Kapala refused to dismiss a second case brought by two men fired by McHenry County Sheriff Keith Nygren, this time the one brought by Scott Milliman.

Scott Milliman and Zane Seipler attended the Bill Prim for Sheriff fund raiser with Newt Gingrich.

Milliman was fired by Nygren for testifying in a required deposition in the case of now-reinstated Deputy Zane Seipler.

In his testimony, Milliman, to put it in the words of Monday’s decision, “alleged

1. excessive force used by other deputies
2. retaliation that Milliman and other deputies faced for reporting unlawful conduct
3. Nygren’s involvement in ‘ticket fixing’
4. Nygren’s acceptance of bribes
5. Nygren’s involvement in a fraudulent scheme to procure SBA [Small Business Administration] loans and then share the proceeds while permitting the loans to go into default
6. ‘general corruption’ within the Sheriff’s Office”

“Milliman also accused Nygren of soliciting him to commit two murders on Nygren’s behalf and of receiving payment to smuggle illegal aliens into the country.”

Retaliation up to and including firing are alleged by Milliman in his request for reinstatement and damages.

The Judge dismissed three of six counts, gave permission to explicitly name Undersheriff Andrew Zinke in another county and denied permission to include, along with Nygren, Zinke, John Miller, Steven Schmitt and Ken Nielson in two deprivation of First Amendment rights counts.

The Court also refused to rule out the possibility that Milliman might be reinstated in his job as Sheriff’s Deputy.

“Defendants boldly state, without further explanation or citation to any particular portion of the complaint, that ‘reinstatement would not be reasonable or feasible under the facts pleaded in the complaint,’” the decision reads.

“The court is not persuaded,” the next sentence reads.

“The command structure at the MCSO could change in the interim during this litigation…Nygren is an elected official who could be voted out of office, or choose to retire, prior to any order of reinstatement being issued…that portion of defendants’ motion is denied.”

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Article one is here.

Article two is here.

Article three is here.

A press release from the McHenry County Sheriff’s Department:

Island Lake Couple Arrested for Stealing over $27,000 from Snap-on Tools

May 2, 2013. Sheriff Keith Nygren announced today the arrest of an Island Lake couple on charges of theft over $10,000.

Anonymous information was received by Snap-on that Liliana Bravo, who was an employee, had been facilitating the thefts through her position at the company. Her husband, Milton Chapa, would then receive the stolen items and offer them for sale.

Snap-on contacted the McHenry County Sheriff’s Office and reported the alleged thefts.

Investigators from the Sheriff’s Office conducted an investigation in to the thefts.

During the course of the investigation a majority of the items allegedly stolen were recovered from the couple’s home in unincorporated Nunda Township.

Milton Chapa and Liliana Bravo were arrested without incident and transported to the McHenry County Sheriff’s Office Adult Correctional Facility, where they remain at the time of this release.

OFFENDERS:

• Chapa, Milton C. (Male 38yoa), 3207 S. Cherry Ave., McHenry, IL, Theft (over $10,000) Felony CL2, Bond-
  $40,000
• Bravo, Lilianam 3207 S. Cherry Ave., McHenry, IL, Theft (over $10,000) Felony CL2, Bond $20,000

The charges against the above listed individuals are merely allegations against them, and they are to be presumed innocent until convicted in a court of law.

“‘Murder in McHenry” was told to Keith Bettinger by Paul Scharff.

Who will be first in your neighborhood to read “Murder in McHenry,” Paul Scharff’s story about his parents’ murders?

Here’s the back cover of “Murder in McHenry.”

The price is $14.95, plus shipping, from Amazon.com.

Readers might also find Scharff’s web site of interest.

An email from Gary Rabine, the Finance Chairman for Bill Prim’s campaign for the Republican nomination for McHenry County Sheriff. Prim and Andy Zinke are facing off.

Dear Friends:

Gary Rabine

On May 31 from 5:30-8:30, Cheryl and I will be hosting a meet and greet at our home at 4505 Farmington Lane, Johnsburg, to introduce our friend Bill Prim, whom we are supporting in his effort to be our next Sheriff of McHenry County.We believe he is a great man who will have the best interests of our community at heart and not be swayed ever by special interests. I am also confident he will honor our Constitution and not stand by while others try to water it down.

But Bill won’t be the only notable in the room. I will also have a nationally renowned guest speaker, Charlie Kirk (Turning Point USA, founder) who is a great friend of Austin and mine and has been gaining popularity across the country at high schools and colleges as well as dozens of national news and talk shows.

At the age of only 19, Charlie was an emcee at CPAC (Conservative Political Action Conference) a month ago and last week I watched him speak in front of some the most respected Fortune 500 Leaders. All were amazed by his message and impressive delivery of that message.

This is an evening you won’t want to miss. Please RSVP soon if you attend and lock in this date, as we will be limited on space. The donation to The Bill Prim for Sheriff campaign will be $45.00 per person. For young people aged 16 through 26 there is a reduced contribution of $25.00 per person. I guarantee you they will get charged up by Charlie Kirk.

Beer, wine, soft drinks and finger food will be served. I recommend inviting all young adults you know because these are our future leaders and producers.

I guarantee all will enjoy this event!

Thank you,

Gary

Here are the details:

A commenter calling him- or herself “Truth” made some provocative statements beneath the story about how only one Independent out of five have beaten a candidate on the Republican Party slate during the last five months.

I thought more people might be interested in Jim Harrison’s reply than would read it in the comment section. It is reproduced below:

Jim Harrison

“There is no need to speculate about my reasons for running as an Independent candidate for Sheriff; my reasons are clearly stated in detail on my website at http://www.JimHarrisonForSheriff.com. Just click on the tab marked “An Independent Sheriff” and read them.

“I will not run as a Republican in name only (RINO), like so many other politicians in McHenry County have done over the years.

“I’m putting my cards on the table. For the record, I am not a Democrat, nor a Republican; I am an Independent.

“I have always voted for the person who I believed was best suited for the job, regardless of their political party affiliation.

“I encourage McHenry County voters to do the same.

“It is true that I have said many times that, if I am elected Sheriff, I would be glad that I would no longer have to record and bill people for my time spent helping them.

“What an ugly twist you have put on this statement!

“You call yourself ‘Truth’ but your comments are a contradiction.

“I have accomplished everything I set out to accomplish as a lawyer [see my resume on my website] and I am ready for a new challenge.

“That being said, I still enjoy my work as an attorney and I look forward to putting all of my skills to work as Sheriff.

“The damage caused by the Nygren/Zinke administration has left the Sheriff’s Office with many significant challenges.

“Remember, I’ve already served 12 years as a Special Assistant State’s Attorney resolving hundreds of legal problems for the Sheriff’s Office.

“And now, more than ever, it is clear that the Sheriff’s Office needs my help again, only this time as the Sheriff.

“And whatever your problem is with Gary Pack, take it up with Gary Pack.

“McHenry County incurred no liability as a result of my 20-years of public service in the Sheriff’s Office and the State’s Attorney’s Office, and my work as a Special Assistant State’s Attorney provably saved McHenry County millions of dollars.

“And for the record, the Sheriff’s job is a 24/7 job; Nygren is just a poor example.

“I am fortunate that my profession allows me the option of continuing to hone my skills practicing law, or to apply my skills to a different endeavor – like the Sheriff’s Office.

“What I am sick of is the politics behind the Sheriff’s elections.

“I am sick of politicians who want the title without the work, who want the power without the responsibility, and who want to control without accountability.

“The party’s over.

“It’s time to raise the bar.”

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Harrison plans to run against the winner of the Republican Primary, where Undersheriff Andy Zinke will face off against former Des Plaines Police Commander Bill Prim

Jim Harrison

With Jim Harrison deciding that he is going to run as an Independent in the McHenry County Sheriff’s race next year, it’s time to look at what has happened in the recent past when Independents ran against Republicans.

The most prominent was when State Rep. Mark Beaubien’s widow Dee.

In that contest, Republican David McSweeney was the Republican.

Each spent heavily to demonize the other.

Coming off a contentious three-way GOP primary, McSweeney won 58% to 41%.

Grafton Township’s most recent election had a well-publicized slate of Independents running for election against winners of the Republican Party primary election.

On the top of the ticket was Huntley Village Trustee Pam Fender facing off against Independent Jim Kearns.

Republican Fender, who won a hotly-contested three-way primary election with 39% of the vote, spent about $2,500 in the first quarter of the year. This does not include the week before the election, so more may have been spent.

Independent Kearns won by just under three-quarters of one percent (1944-1877). Kearns has not filed a report with the State Board of Elections. Such reports are required if one raises or spends over $3,000 in an election.

The third recent example also occurred in Grafton Township.

In a two-way race, Al Zielinski beat incumbent Bill Ottley 55% to 45% in the Republican Primary Election.

Zielinski spent a bit over $6,200, filing his report after the required deadline. I can find no campaign disclosure report for Ottley. [Looked again after a commenter said he could find it. The only way I could find it was by using the search word "Huntley" in the name of the town. He spent spent $2,461.21, but reports a negative balance of $461.21, something I believe the State Board does not allow. All the money came from Ottley and his wife.] No report has been filed by Jensen either, but as mentioned earlier, one is only required if the $3,000 threshold has been exceeded.

In the general election, Republican Zielinski edged out Independent Terra Jensen by 5.8 percentage points (1,998-1,774).

There was also a race against Republican nominee for Grafton Township Road Commissioner Tom Poznanski. He won the GOP Primary against Richard Dvorak by 63% to 37%. Poznanski is the Chairman of the Grafton Township Republican Central Committee.

In the April General Election, Poznanski was challenged by Independent Tim Hoeft. Poznanski won by 54-46.

Over in Nunda Township Independent Leda Drain ran against Republican Lee Jennings.

Jennings had a hot primary with three people running. One withdrew her candidacy, but too late for her name to be taken off the ballot.

Jennings barely beat Bridgette Provenzano, but Provenzano endorsed his candidacy in the General Election.

The result was that Jennings got over 57% of the vote. It was Jennings 2,614 and Drain 1,937.

So in the five most recent examples, those on the Republican Party ticket four out of five contests.

Bill Prim

Andy Zinke

If I were Harrison, I would be hoping that the GOP Primary would be so heated that the backers of Bill Prim, if Andy Zinke won the primary, would back me.

Conversely, if Prim emerged victorious, I would be hoping that Zinki’s supporters would rally around my candidacy.

That did not happen, however, in the cases of

• McSweeney
• Zielinski
• Poznanski

It apparently did occur in the case of Jim Kearns victory over Pam Fender.

This is too small a sample from which to draw a conclusion, but it does indicate that when a primary contest in contentious, supporters of those who lose can rally to the campaign of an Independent.

In the case of Independent Jim Kearns’ victory, however, his Republican opponent Pam Fender was opposed by over 60% of the Republican Primary voters.