McHenry County Blog

Have to admit that I like fiction with a political twist.

It’s interesting to see how realistic authors are.

Lots of conspiracies in such works, of course.

I remember in college having the Conspiratorial Theory of History denigrated.

Then I got involved in Illinois politics.

No doubt that conspiracies abound.

When I first glanced at this Sunday cartoon, I thought it was about reading political fiction in newspapers.

But, upon taking a closer look, it appears that Uncle Cosmo is reading the section about what’s on Sunday morning TV.

Don’t worry.

They don’t come from me, but from Charles Krauthammer’s column that’s in the Chicago Tribune January 2, 2012.

He’s writing about the probability that there are other worlds were intelligent life exists…or existed.

He contemplates that maybe any other intelligent live has destroyed itself.

But there is hope:

“There could be no greater irony: For all the sublimity of art, physics, music, mathematics and other manifestations of human genius, everything depends on the mundane, frustrating, often debased vocation known as politics (and its most exacting subspecialty — statecraft). Because if we don’t get politics right, everything else risks extinction.

Encourage your friends to get involved with the electoral process. Non-participation allows those who control the process to continue doing so.

“We grow justly weary of our politics. But we must remember this:

Politics — in all its grubby, grasping, corrupt, contemptible manifestations — is sovereign in human affairs. Everything ultimately rests upon it.
[Emphasis added.]

“Fairly or not, politics is the driver of history. It will determine whether we will live long enough to be heard one day. Out there. By them, the few — the only — who got it right.

So, as we begin a new year with a primary election which all portents indicate will have less than 50% participation, consider the purpose of McHenry County Blog:

“This is a journal of news and opinion designed to bring to light matters of public interest and to encourage public participation in the governmental process.”

“This is a dangerous planet.  Only a politician would try to tell you otherwise.  And I’m not talking about wars–we’re America, we win our wars.  Plagues can appear out of nowhere and slaughter millions of people.  Blights can wipe out our crops.  A meteor the size of a bus could hit the earth and send us back to the Stone Age.  An extraordinary solar flare could destroy our electronics or heat our atmosphere so much our crops all die and we starve.

“And whom do we put in charge of helping us prepare to cope with such disasters?  People whose only talent is for getting elected, and whose entire future consists of the run-up to the next election.

"tt's not their fauit."

“It’s not their fault–anybody who doesn’t think and act that way won’t win.  It’s the fundamental problem with democracy.  No long-range thinking. So we’re just sitting ducks, waiting for the next disaster…”  (Emphasis added.)

This is the beginning “Hidden Empire” by Orson Scott Card, published in 2009.

I knew when I read those first two paragraphs of the paperback that I bought at so, so much off at the Crystal Lake Border’s going out of business sale that I was going to like the book.

A political book by someone who knew something about politics.

A book about a politician who made decisions in the best interest of his constituents, yet who turns out to be a bit too ruthless for the sensibilities of most of us.

And, as an added bonus, Christians are not demeaned.

Christian action in Africa is a large part of the plot.

Below is what Judge Joseph McGraw ruled in the criminal trial of McHenry County State’s Attorney and his assistant Joyce Synek:

STATE OF ILLINOIS)
) SS:
COUNTY OF McHENRY)

IN THE TWENTY-SECOND JUDICIAL CIRCUIT
McHENRY COUNTY, ILLINOIS

THE PEOPLE OF THE )
STATE OF ILLINOIS, )
)
Plaintiff, )
)
vs. )
)
LOUIS A. BIANCHI and ) No. 10 CF 933
JOYCE C. SYNEK, ) 10 CF 934
)
Defendants. )

EXCERPT OF REPORT OF PROCEEDINGS had in the above-entitled cause before the Honorable JOSEPH McGRAW, Judge of said Court, on March 23, 2011, in the afternoon session.

APPEARANCES:

MR. THOMAS K. McQUEEN and
MR. HENRY C. TONIGAN, III,
Special Prosecutors,
Appeared on behalf of the Plaintiff.

EKL WILLIAMS
BY: MR. TERRY A. EKL
Appeared on behalf of the Defendant,
Louis A. Bianchi.

DiBENEDETTO and KENDALL
BY: MR. ERNEST A. DiBENEDETTO
Appeared on behalf of the Defendant,
Joyce C. Synek.

(WHEREUPON, trial proceedings were reported but not transcribed.)

THE COURT: All right. Both defendants have filed a motion for a directed finding of not guilty at the conclusion of the State’s case.

The applicable standard in entertaining such a motion, trial court must consider the evidence adduced by the State in the light most favorable to the State when ruling on a motion for directed verdict or a motion for — the motion for not guilty at the conclusion of a bench trial.

I have considered the motions filed. I have considered the authority submitted. I have reviewed my notes. I have reviewed the exhibits that are entered into Evidence. And I find and order as follows:

As to Count I, there are defects in the pleading in Count I; specifically, it is not pled that there was an agreement. However, even not basing my ruling on the defect in the pleading, which I do find there is a defect, I do not find that there is sufficient evidence of an agreement. It is not pled,
and I do not find from the evidence that there is any direct evidence of an agreement between Defendant Bianchi and Defendant Synek.

I have considered the evidence to determine whether there is sufficient circumstantial evidence of an agreement. Is there sufficient evidence to inferentially establish the existence of an agreement?

I do not find that there is. The evidence merely raises a suspicion as to the existence of an agreement. The circumstantial evidence in this case does not establish nor does it exclude every other reasonable hypothesis for the actions of the — or the intent or agreement of the defendants. So, I do enter a directed finding in favor of the defendants as to Count I.

As to Count II, I do believe there is a defect in the pleading in Count II. It does not, as I believe the case law requires, indicate that the alleged official misconduct was committed by Mr. Bianchi in his official capacity. It does make reference to him being the State’s Attorney, but I do believe the authority submitted indicates that for official misconduct to be properly pled at the trial level, that it has to specifically allege that the misconduct or misdeeds were done in the official’s official capacity. That is not pled. I do find that is a defect.

Moreover, as to the theft of labor and services, the underlying offense or prohibited or forbidden conduct, I’ve examined the authority that’s been submitted, and it demonstrates to my satisfaction that anticipated labor of an employee is not the property of the employer, and, thus, diversion by a third party of the employee from his duty for his employer is not theft. But I don’t — or I should say alternatively or as an alternative to that structural defect in the charging document, I cannot find beyond a reasonable doubt that there is sufficient evidence that the defendants or the employees of the Defendant, specifically, the State’s Attorneys or managers were directed to perform political duties on county time.

I find that there is insufficient evidence that they were directed or deterred or misdirected from performing their duties for the County. I don’t find that the — it was without the consent of the County. I find that the State’s Attorney had the discretion or authority to utilize his staff in a manner that he would choose, even if it was during the work hours.

He was — and I’m referring specifically to 8.1 of the electronic communications provision, Exhibit 60 — that incidental or occasional use of these systems for nonwork purposes may be permitted at the discretion of the elected official or department head of the office that the employee or other agent performs work within.

I don’t find that Mr. Bianchi directed his employees to perform the campaign-related work during County time. And if on their own initiative or through misunderstanding or misdirection they chose to perform campaign-related work while at work or with their computer, that was a matter that was within the discretion of the elected official. I do not find that was a violation of law.

I don’t find that the statutory section cited pertaining to theft of property or services is applicable to the facts of this case, so I am entering a finding against the State in favor of the Defendant as to Counts II through XX.

I find that the managers meetings took place during nonbusiness hours. And to the extent that they took place during business hours, that their purpose was of a dual nature dealing with addressing public concerns, media concerns directed against the State’s Attorney and the office of the State’s Attorney.

I do not find that services or property of McHenry County were misappropriated as far as Defendant Bianchi goes as far as Count XXVI.

I do not find that there is sufficient evidence even viewed in the light most favorable to the State that Defendant Bianchi intended to deter Tom Carroll from testifying truthfully or fully. Reasonable men can disagree about what is a political document, as evidenced by these proceedings. I do not find that his disagreement with Mr. Carroll about what Mr. Carroll
proposed to present to the Grand Jury constituted an attempt by the Defendant to deter Mr. Carroll from testifying fully and truthfully.

The reasons set forth in Count I, I find in favor of — or I should say with regard to Mr. Bianchi.

I find in favor of Ms. Synek and against the State as to Count I as it relates to Ms. Synek.

As regards counts XXI, the perjury count, again, I’ve looked at the evidence in the light most favorable to the State, as I am required to do. There was no evidence that she was asked — that I could find in my notes — to do political-related correspondence on her County computer.

The question is have you been asked to do your County computer politically-related correspondence on behalf of Mr. Bianchi, and the answer is no. I couldn’t find anywhere where she was asked to do political-related correspondence on her County computer.

There is political-related correspondence I think on her County computer.

But insofar as her statement in response to the Grand Jury is alleged to be materially false, I don’t find that she was asked to do that on her County computer.

I find in favor of Ms. Synek on [Count] XXII and enter judgment of acquittal on that — XXI, on that count.

On Count XXII, the charging document alleges that and do you prepare correspondence that related — past tense — to Festa Italiana from your office in the State’s Attorney’s Office, and the answer was no. The question that was propounded contained in Exhibit 22 was and do you prepare — present tense — any correspondence that relates to Festa Italiana from your office in the State’s Attorney’s Office, and the answer was no.

Again, the questions have to be construed that — taking them as they were propounded, not past tense but present tense. So on July 2nd, 2010, when she testified before the Grand Jury, I could not find that she made a materially false statement in the present tense that she prepared or prepare in the present tense correspondence related to Festa Italiana on her office computer. I find in favor of Defendant Synek and against the State and enter judgment of acquittal as to that count.

As to Count XXIII, have you deleted in the last three years any documents which relate to political matters rather than the work of the State’s Attorney’s Office, and the answer was no.

I — I listened intently to Mr. Jerger’s testimony, and I did my best to follow it and to follow the exhibits that were tendered. And it appears as though there are some documents that were deleted. Even viewing the evidence in the light most favorable to the State, I could not find that Ms. Synek deleted those documents.

I’m not sure when — and I’m digressing somewhat — but I wasn’t sure after listening to his testimony or I wasn’t convinced beyond a reasonable doubt that — or did I think I could be based on the evidence presented — as to when the documents were created and how they were manipulated or moved or altered or overwritten during the various times they may have been accessed on the Dalby/Synek hard drive. So I cannot find that Defendant Synek is guilty of Count XXIII.

Moreover, as mentioned throughout, the ambiguity of the term political matter is subject to more than one interpretation. I cannot find she made a materially false answer to Count XXIII — or the question in Count XXIII.

Count XXIV: Have you changed your practices with respect to the drives on which you prepare documents or the locations within your computer filing system where you keep documents? Answer: No.

Again, as I’ve indicated, it was confusing listening to Mr. Jerger to ascertain when whatever was done was done, when it was changed and if it was changed, if anything had been deleted or moved or overwritten.

I don’t know what change in practices the special prosecutor was specifically referring to in that question. Accordingly, I cannot find even — I look at these questions in context. I cannot find that Mrs. Synek or Ms. Synek changed any practices about how she maintained the information on her computer.

Lastly, with regard to Count XXV as it relates to Ms. Synek, obstructing justice, as I mentioned previously, I think there is a defect in the charging document. The Court must at the trial stage look to make sure each and every element is properly pled. I do not find that the — all the elements have been pled in Count XXV — could not find an indication that the charge against her was stated that she did so with the intent to obstruct the prosecution of someone.

And I’m not going to infer or supply missing terms to a charging document.

The — As I said, even apart from the apparent defects in the charging documents, my ruling or conclusion would be the same. So each motion for each Defendant for judgments of acquittal or finding of not guilty are heard and granted in their entirety.

(WHEREUPON, further proceedings were reported but not transcribed.)

STATE OF ILLINOIS )
) SS:
COUNTY OF McHENRY )

IN THE TWENTY-SECOND JUDICIAL CIRCUIT McHENRY COUNTY, ILLINOIS

I, Mary L. Krikorian, an Official Court
Reporter of the 22nd Judicial Circuit of Illinois, do
hereby certify that I reported in shorthand the
proceedings had in the above-entitled cause, and that
the foregoing is a true and correct transcript of all
the proceedings heard.