McHenry County Blog

As The First Electric Newspaper notes, “A picture of Undersheriff Andy Zinke was added to the McHenry County Sheriff’s website shortly after he announced his candidacy to succeed Keith Nygren.”

When the announcement was made to the Northwest Herald that Underheriff Andy Zinke had been cleared of wrongdoing when he told a subject about a Drug Enforcement Administration probe, it sounded more than a little fishy.

Pete Gonigam, who publishes The First Electric Newspaper, filed a Freedom of Information request with the McHenry County Sheriff’s Department asking for the report.  He didn’t get a copy of the report exonerating Zinke so he appealed to the Illinois Attorney General’s Public Access Division.

This Friday article gives the details of Gonigam’s quest.

To no one’s surprise, Sheriff Kieth Nygren himself decided Zinke had done nothing wrong.

Nygren, of course, is supporting Zinke for the Republican nomination for Sheriff next spring.

Will Nygren provide the documents the Attorney General says are warranted by the Freedom of Information request?

I’m sure The First Electric Newspaper will keep us informed.

Greg Pyle

My guess is that Chicago media will be reporting on the arrest of McHenry County Sheriff’s Department Sgt. Greg Pyle on, maybe even before, Monday.

Ten counts of Predatory Criminal Sexual Assault, according to Illinois State Police Spokesperson Monique Bond.

Crystal Lake Deputy Police Chief Gene Lowery told me that his Department was not involved.

I learned from State Police Public Information Officer Bond that the McHenry County State’s Attorney’s Office requested that state agency’s assistance.

McHenry County State’s Attorney Lou Bianchi’s investigators and the State Police’s District 2 Investigative Division personnel led the way.

The allegations surfaced on Friday.

“It was very fluid here,” she said Sunday.

Bianchi could not be reached for comment.

As of early Sunday afternoon, the Northwest Herald was running with an unposted press release from Keith Nygren’s department. The NWH reports the press release says the cause for police involvement “domestic issue involving the officer and his family.”

That is at wide variance with what Woodstock Advocate‘s Gus Philpott has written.  See

• Widespread Search Underway
• “Hey, G.P.  Give It Up”
• Why is MCSD Keeping Mum?
• Greg Pyle – 10 Counts, Criminal Sexual Assault
• Open Letter to Nygren and Zinke
• What If Nygren Had Lost in 2008?

First Electric Newspaper weighed in with this article:

• Sheriff’s Sergeant Released on Bond

The new masthead of "Dirty Harry vs. Dirty Keith."

Also weighing in is Dave Bachmann, who has put his “Dirty Keith vs. Dirty Harry” blog back up…at least the part about Greg Pyle.  His masthead now says, “Again, “Dirty Keith Blog” Was On Target!”

• We’ve Got Em On the Run
• McHenry County Sheriff’s Department Deputy Greg Pyle — 10 Counts Criminal Sexual Assault??
• Again I was correct ALL ALONG!! “RERUN POST”

There are too many more articles which you might find of interest.

Also found on the internet is the following paragraph:

“In a recent interview with Detective Gregory Pyle of the McHenry County Sheriff’s department, I learned that approximately 1 in 5 children with full internet access were approached by a predator on the internet last year. Detective Pyle is a member of the Illinois Chapter of the ICAC, or Internet Crimes against Children Task Force. The task force is a subset of The Center for Missing and Exploited Children and the Department of Justice. Education is the key according to Detective Pyle. Unfortunately they do not have the budget to educate everyone. This, I believe, is our Calling.”

McHJenry County State's Attorney holds up his speech after he announces he will seek a third term.

Having been vindicated by not one, but two verdicts of acquittal in Circuit Court, McHenry County State’s Attorney has decided to seek voter approval of his stewardship of the office he first won in 2004.

Speaking at his annual fund raiser, Festa Italiana, Bianchi said,

“I cannot think of a more appropriate (time or place) to announce to you and our community that I will be seeking another term as State’s Attorney.”

The First Electric Newspaper's Pete Gonigam chats with Cary's Yvonne Barnes, a former McHenry County Board member who is contemplating another run.

McHenry County Board Chairman Ken Koehler had laudatory comments about Lou Bianchi when he introduced him.

The place was packed with reporters and I would imagine there will be big stories tomorrow.

There were also lots of office holders and candidates.

Bianchi was introduced by McHenry County Board Chairman Ken Koehler, as he was four years ago when Bianchi announced his run for a second term.

Four years ago, Koehler was reported to be filling in for Sheriff Keith Nygren, who went on to heavily support Bianchi primary opponent Dan Regna.

Koehler, of course, like all County Board candidates must stand for re-election in 2012.

Nunda Township Trustee Jim Schlader is running in District 3.

I’m not aware of any incumbents who are not running for re-election, but Barb Wheeler, who is running for State Rep.  At the risk of missing some (whose names I shall add if they contact me), the following were at the fund raiser:

• Donna Kurtz
• Marc Munaretto
• Nick Provenzano
• Sandy Salgado

There were also challengers who wanted publicity:

• Jim Schlader, a Nunda Township Trustee, who is a candidate in District 3.
• 

  Rachel Smith said she "definitely" was running for County Board in District 6. Here she is taling to Hebron Village Trustee and County Board Chairman Ken Koehler.

  Rachel Smith, a Republican Precinct Committeeman from Greenwood Township whose mailing address is Wonder Lake.

And people thinking about running who were not ready to have their ambitions spread across the McHenry County Blog screen.

Plus former County Board member Yvonne Barnes, who, as indicated in the cutline under her picture above, is thinking about trying to regain the seat she lost to Robert Novak in 2010.

Chad Koppie, an announced candidate for State Senate in the 33rd District, shared a light moment with Lou Bianchi.

State legislative candidates were present, too.

Kane County’s Chad Koppie, who just announced he was running for the State Senate in an empty district where Kane County Chairman Karen McConnaughay has announced her candidacy was in attendance.

I did not see McConnaughay.

When she announced I asked when she would be visiting McHenry County.

There was nothing on her schedule at that time.

Arriving after the festivities had concluded was newly-appointed State Representative Kent Gaffney and his wife Elizabeth.

McHenry County Board member Donna Kurtz converses with State Rep. Kent Gaffney and his wife Elizabeth.

I vented about Governor Pat Quinn’s proposal to hike toll taxes by 88%, wondering why Republican legislators were not pinning the toll tax hike on the state’s top donkey.

Gaffney was not the only person in the room interested in being elected from the district represents.

One of the many people who talked to Lou Bianchi after his announcement was Robert Hanaford.

Former Fox River Grove Village Trustee Bob Hannaford was discussing a potential candidacy in the Republican primary election against Gaffney.

Hanaford now lives in the southwestern corner of Lake County and has been active in the Cuba Township Republican Party.

McHenry County Board member Barb Wheeler, who is a candidate for State Representative in the 64th District, talks with Donna Kurtz.

So I won’t be accused of discrimination, let me point out that McHenry County Board member and State Representative candidate Barb Wheeler was escorted to the Festa Italiana by her husband Joe Wheeler, even though he was not in the photo published here.

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.

Grafton Township Trustees Barbara Murply, Betty Zirk and Gerry McHMahon, who voted to banish any reporter with a camera, video recorder or tape recorder to the back of the meeting room. In the foreground can been seen David Moore with his unobstrusive videoing machine sitting on a low tripod. To his left is the First Electric Newspaper's Pete Gonigam. Trustee Rob LaPorta left the meeting early.

After three Grafton Township Trustees passed a motion (Supervisor Linda Moore voting, “No”) to restrict me to the back of the room with my camera, not to mention Moore’s husband David, who unobtrusively videos the meeting from the front row, not to mention the First Electric Newspaper’s Pete Gonigam, who snaps a picture now and then, I filed a complaint with the Public Access section of the Illinois Attorney General’s Office.

If a reporter wanted to sit in the front row and just take notes, that would be OK.

But to the back of the room for anyone wanting to take a photo or use a tape recorder.

I smell a lack of equal protection under the law.

My complaint follows:

The Grafton Township (Board voted)  all “photography, recording media and video” to the “rear of the room.”

There are multiple recordings of the action taken at the meeting held in the Huntley Park District building.   The URL’s of my McHenry County Blog article and Pete Gonigam’s First Electric Newspaper article are below:

• http://mchenrycountyblog.com/2010/04/09/fenders-severance-pay-cut-to-three-months/
• http://www.firstelectricnewspaper.com/2010/04/grafton-board-gives-new-administrator.html

My article points out that camera flashes may not be the main objection.  For one trustee, Gerry McMahon, the objective is to prevent a good, close video being made by Township Supervisor Linda Moore’s husband.  Note the link in my article to where such videos have been posted.

My complaint is obviously being prevented from taking photographs from anywhere in the room except the back row or behind the back row.  I understand that flash photography may be prohibited, but I do not believe the Open Meetings Act allows a governmental body to mandate where those who record public meetings may sit based on the mode of recording.  The Grafton Township Board’s mandates allows those who just take notes to sit in the front row, but those who video, audio record or take pictures to the back of the bus, so to speak.  Such discrimination must be illegal.

Sounds like a pretty clear violation of the First Amendment right of Freedom of the Press to me.

May I have your advice in this matter?

Cal Skinner
McHenry County Blog

The Attorney General’s Office has sent the following message to Moore in her role as Grafton Township Supervisor:

Township Supervisor Linda Moore
Grafton Township

Dear Supervisor Moore,

This letter is to advise you that we have received and reviewed a written Request for Review from Mr. Cal Skinner regarding the decision by Grafton Township (Township) to restrict to a certain portion of the Township meeting room the recording of Township board meetings.  I have attached a copy of Mr. Skinner’s Request for Review.

We have determined that further inquiry is warranted with regard to this matter.  5 ILCS 120/3.5(b).

To begin, please forward me a copy of the meeting minutes reflecting the Township board’s April 8, 2010, vote involving the above-referenced matter.  The Township must provide this information to me within seven (7) working days after you receive this correspondence.  5 ILCS 120/3.5(b).

Additionally, please note that the Township may submit to us an answer to the allegations raised in Mr. Skinner’s Request for Review within seven (7) working days after you receive this correspondence.  This answer may take the form of a letter, brief or memorandum.  5 ILCS 120/3.5(c).  Please note that if the Township submits an answer, we may ask the Township to provide a redacted copy of this answer if necessary.  5 ILCS 120/3.5(d).

For your reference, there are three possible outcomes for a Request for Review.

• First, the Public Access Counselor (PAC) may decide that no violations have occurred and will so inform the public body and requester.
• Second, the matter may be resolve through informal mediation by staff from the PAC’s office.
• Third, the PAC may decide to issue a binding opinion.

Should you have questions or concerns, please feel free to contact me.

Very truly yours,

Sara Gadola Gallagher
Deputy Public Access Counselor
Office of the Attorney General

= = = = =
Since no minutes have been approved since sometime last fall, it will be a neat trick for the township board to comply with the request of the April 8th minutes. I would imagine the Trustees will opt to be paid another $100 each by holding another special township meeting.

November 12, 2009, Grafton Township Meeting that the four trustes did not attend.

As reported by McHenry County Blog November 12th, the four Grafton Township Trustees who wanted to build a new township hall, but didn’t want to ask the public for permission in a referendum, boycotted a township meeting.

Township Supervisor Linda Moore, Township Clerk Dina Frigo, Road Commissioner Jack Freund and Assessor Bill Ottley attended the meeting.

Township Trustees Barbara Murphy, Robert LaPorta, Betty Zirk and Gerry McMahon weren’t there.

Here’s what the Assistant State’s Attorney Cynthia A. Schaupp said in a January 7th letter to Moore:

This investigation revealed the following:
Mr. LaPorta did contact the Grafton Township attorney to inquire whether he could boycott the November 12, 2009, meeting since the agenda did not contain items he requested to have placed on the agenda.The attorney informed him he can choose to not attend the meeting.

Mr. LaPorta then contacted by telephone Trustee Zire and Trustee Murphy, individually, to inform them that he would not be attending the meeting.

Mr. LaPorta, never told the Trustees that they should also miss the meeting.

Trustee Murphy was not able to go to the meeting due to a work conflict and did not miss the meeting due to the any other reason.

Trustee McMahon did not recall if Trustee LaPorta even contacted him prior to the November 12, 2009 meeting.

The facts presented do not indicate any designed plan or “chain” to violate the Open Meetings Act.

Based on the above facts available to me at this time, this office does not believe there was any violation of the Open Meetings Act and thus will take no further action. However, should any additional information become available, this office may review this decision.

After receiving the above letter Supervisor Moore, who filed an Open Meetings Act violation complaint, sent the following letter to the State’s Attorney’s Office:

Cythia Schaupp
Assistant State’s Attorney
January 8. 2010

Dear Attorney Schaupp,

I have received your letter regarding the boycotting of meetings by the Grafton Township Trustees.  Thank you for contacting the trustees, however, I am concerned that you have overlooked some evidence from reporter Pete Gonigam and new evidence has occurred.

Please review the quote by Trustee LaPorta made at the time that the boycotting occurred to reporter Pete Gonigam who wrote a story the next day on the subject,

“We as a group of trustees decided to do that.”

LaPorta said.  You do not refer to this evidence in your letter even though on November 18th I wrote a letter to you asking you to consider this evidence and contact Mr. Gonigam.

The word boycott defined means

“to join together in refusing to deal with, so as to punish or coerce.”

Source is Webster’s Dictionary and online Your Dictionary.

In your letter, dated January 7th you state that Mr. LaPorta asked the attorney to inquire whether he could boycott a meeting.  Your letter states, “The attorney informed him that he can choose not to attend the meeting.”

Ancel Glick partner Keri-Lyn Krafterfer advising Grafton Township Board.

On November 6, Krafthefer advises the trustees in a letter,

“Further, there is nothing to prevent the Township Trustees from boycotting the regular meeting with your proposed agenda,“

Attorney Krafthefer’s response is also documented in a letter to the trustees dated November 17th,

“There is nothing that prevents one trustee from calling another trustee, then hanging up and calling another trustee.  Such would not constitute a meeting under the Open Meetings Act.”

In other words, she has said there is no such thing as a “chain” call that would violate the Open Meetings Act.

In my opinion, Ms. Krafthefer has given the trustees inappropriate legal counsel in these statements.

Per the Open Meetings Act, “Meeting” means any gathering, whether in person, or by video or audio conference, telephone call, electronic means, or other means of contemporaneous interactive communication of a majority of a quorum of the members of a public body.

November 12, 2009, Grafton Township Meeting that the four trustes did not attend.

In other words, the definition of a meeting can be calls made one after another between more than two board members.  Mr. LaPorta may have told you that he did not tell the trustees to boycott the meeting, however he admits to doing just that when he is quoted by Pete Gonigam,

“We as a group of trustees decided to do that (boycott the meeting.)”

Since my previous contact with you, the trustees have chosen not to attend four meetings in the month of November and as a result many items of township business are not addressed at this time.  In fact, the trustees did not attend meetings dated November 12, 16, 18 and 24th.

Clearly this was not a one time unplanned coincidental event.  It is reoccurring and intentional.

On January 4th Trustee McMahon was quoted by the Daily Herald reporter Jameel Naqvi as follows,

“I don’t want to go to a meeting called by Linda Moore…don’t care about anything she has on the agenda.”

McMahon said.

Is not this further evidence that the trustees plan to continue to violate the Open Meetings Act by joining together to refuse to deal with, so as to punish or coerce with the township attorney’s apparent permission as documented in your letter of January 7th?

In light of this additional information, you have offered to review this decision.

I am asking that you do reconsider the Open Meetings Violation Compliant that was made by myself and an unnamed McHenry County resident.

After receiving your letter I tried to contact you by telephone, but you were unavailable at that time.  For clarification purposes, I have sent you various documents at various times, but I was under the impression that the investigation was started at the request of another McHenry County resident.

I look forward to hearing from you.
Very Truly Yours,

Grafton Township Supervisor
Linda Moore

Attachments include:
Jan. 7 letter from Office of State Attorney
Nov. 17 letter, page 2 Ancel-Glick
Nov. 18 letter from Linda Moore
Jan. 4 Daily Herald article
Nov. 13 Pete Gonigam article
Nov. 6 Ancel Glick letter

When I asked the First Electric Newspaper‘s Pete Gonigam if he had been interviewed by the State’s Attornedy’s Office, he said that he had not.

Pete Gonigam of the First Electric Newspaper got Marc Munaretto to talk to him about the $66,000 commission paid him by Grafton Township when Supervisor John Rossi and the trustees sold the Grafton Hall to the Grafton Township Road District.

Prior to publishing the list of who got what out of the aborted deal, McHenry County Blog left repeated phone and email messages Munaretto asking for an explanation.  There was no reply.

Gonigam refers to the deal as “a transaction so apparently simple it would almost amount to a bookkeeping entry.”

Munaretto said that he found a $1.1 million offer, but a higher offer came through.

The township board, however, sold the property to the road district for $611,000.

As Gonigam puts it,

“How $611,000 trumped a $1.1 million offer is part of what makes trying to unravel the Grafton Township controversy something like trying to sort out a plate of spaghetti.”

And, so far this information has not been published by either of the daily Heralds.

Very interesting.

Both the lack of coverage…

and the deal.

Crystal Lake’s Patrick Murfin writes the blog

He also ran for Nunda Township Trustee this past spring with running mate Meredith Reid Sarkees.

Even though the Dems knocked on doors, they lost.

Murfin, Secretary of the McHenry County Democratic Party offered an analysis of the election.

Murfin’s comments on my township pork article and focuses on his township, Nunda, which Murfin says is

“a wholly owned subsidiary of Brent Smith Empire Builders Inc.”

More analysis, focusing on Republican Precinct Committeeman Brent Smith, a member of Local 150 of the Operating Engineers, suggesting Smith would take over from Nunda Township Road Commissioner Don Kopsel and

He has this intriguing sentence, among others:

“Smith clearly is aiming to seize leadership in the County party at the head of resurgent conservative purists out to purge ‘trimmers’ and suspected moderates like Tryon.”

Part of the article is based on my incorrect information that Nunda Township only received $75,000, as the least populated townships did. That proved incorrect, as I learned on a new Southeastern McHenry County information source, the First Electric Newspaper, written by Columbia Journalism School grad Pete Gonigam. My correction is here:

The Devil Made Me Do It

Chuck Keeshan’s Daily Herald story based on McHenry County Blog’s story about how the real motive of the person labeled the “Angel of Death” by Pete Gonigam caught the attention of Chicago media.

The novelty?

How often have you heard of an “Angel of Death” story where mercy was not the motive?

I certainly have never heard of a nurse who killed patients because they were tough to care for.

It’s a different angle, hence, newsworthy.

The Chicago Tribune put up a story by Jeff Long about noon.

ABC Channel 7 had a story last night.

So did CBS Channel Two.

CBS reporter Mike Puccinelli was surprised that the woman he interviewed, Jennifer Guasta, already knew what was in the Illinois Department of Public Health report he was reading her.

When asked how she knew, the now-deceased sister of John Sherman replied that she had read it on a blog.

Pucinelli asked which one.

You don’t need to ask which one printed Pete Gonigam’s story first, do you?

Guasta’s brother was a very large man who was quite difficult to move.

Chuck Keeshan’s Daily Herald story based on McHenry County Blog’s story about how the real motive of the person labeled the “Angel of Death” by Pete Gonigam caught the attention of Chicago media.

The novelty?

How often have you heard of an “Angel of Death” story where mercy was not the motive?

I certainly have never heard of a nurse who killed patients because they were tough to care for.

It’s a different angle, hence, newsworthy.

The Chicago Tribune put up a story by Jeff Long about noon.

ABC Channel 7 had a story last night.

So did CBS Channel Two.

CBS reporter Mike Puccinelli was surprised that the woman he interviewed, Jennifer Guasta, already knew what was in the Illinois Department of Public Health report he was reading her.

When asked how she knew, the now-deceased sister of John Sherman replied that she had read it on a blog.

Pucinelli asked which one.

You don’t need to ask which one printed Pete Gonigam’s story first, do you?

Guasta’s brother was a very large man who was quite difficult to move.