McHenry County Blog


Archive for the ‘Second Appellate Court.’

Leitmotif of the Grafton Township Kangaroo Court – Part 2

December 14, 2009 By: Cal Skinner Category: Barbara Murphy, Betty Zirk, Gerry McMahon, Grafton Township, Grafton Township Hall, Grafton Township Supervisor, Grafton Township Trustee, Jim Kelly, John Rossi, Linda Moore, Michael Caldwell, Referendum, Robert LaPorta, Second Appellate Court., Tammy Lueth

Yesterday, McHenry County Blog started outlining what was mentioned about the court-determined illegal actions of the prior board–three of whose members were re-elected–in notes of the 7:30 PM to 12:15 AM Grafton Township board meeting last Thursday night.

Moore Looking Left Profile almostThe topic kept coming up in the discussion of the motion to add Township Supervisor Linda Moore’s name to that of newly-elected Trustee Gerry McMahon on the list of board members censured who have been censured.

Trustee Rob LaPorta, clearly the leader of the board majority, was among those to comment on the township hall lawsuit during the debate to move the censure resolution from the bottom to the top of the agenda:

“We were forced to hire an attorney because our names were on the lawsuit.”

McMahon returned to the court action brought by Grafton Township citizens, directing his comments to Moore:

McMahon right profile talking Censure 12-10-9“You started all of this by encouraging all this litigation against the township.

“You hurt the township. You should resign. You do not have a clue how to run a township.”

“We have to take responsibility for the decisions we make,” Moore replied.

Grafton Barbard Murphy looking right 12-10-9“I admit I don’t think I made a good decision.

“Get over it.

“I don’t take kindly to your accusations,”

Barbara Murphy then said.

The reply from Moore,

“We can’t made decisions based on our legal (advice) alone. Just because a lawyer makes a recommendation doesn’t (mean it’s right).

“You believe what Mr. Kelly told you to do. Now, it turns out not to be the right thing to do.”

Grafton LaPorta faccing right smilingI have over four pages of notes on LaPorta’s reading of the condemnation resolution, but he was reading so fast, they are incomplete. After looking over the text sent to me by Trustee Rob LaPorta, I don’t see anything concerning the new township hall except Moore’s termination of Kelly as township attorney and her refusal to present his bill for payment.

But, my guess is those items stimulated the censure movement.

Lueth, Tammy looking left at podium with minutes 12-10-9When it got to public comment time after the censure and paying of bills Tammy Lueth, a plaintiff in the suit to invalidate the board’s decision to build a new township hall, came to the podium with a stack of agendas and minutes.

“I’ve been through all the agendas for the last four years.”

She told of the decision at the annual meeting to approve the new township hall.

“You weren’t right.

“You took it upon yourself to appeal (Judge Michael Caldwell’s) decision. The Appellate Court ruled you guys didn’t do what you should have done.

“You spent more time bickering about $400 in chamber of commerce fees (than you did when it) took you six minutes to approve land acquisition.

“That was all brought about by the former supervisor (John Rossi) and some trustees.”

She added that she had to spend $12 in a Freedom of Information Act request to get minutes which ought to be on the web site.

Cutting Lueth’s comments short was McMahon, the only current trustee who did not vote for the new township hall and land acquisition:

“You’re into your three minutes.”

Zirk, Betty looking right and upTrustee Betty Zirk, one of the three remaining trustees who supported the new township hall, pointed out the rules on the specificity of agendas changed in 2007.

“Now we have to be very specific,” she said.

McMahon returned to the undercurrent of the meeting:

“On some points you are right. What (attorney Jim) Kelly said to us was that he thought it was winnable.

McMahon looking a bit right over glasses 12-10-9“I’ve learned my lesson…

“I think you opened a can of worms and you hurt the township.”

McMahon then offer his opinion on the chances of passing the court-ordered referendum during next November’s general election:

“We can’t win a referendum. We will never get the PR out.”

The official part of the agenda when the discredited deal was next on the agenda.

Read about it tomorrow.

McHenry County’s Donna Kelly Running for Appellate Court Judgeship

November 02, 2009 By: Cal Skinner Category: 2nd Appellate Court, Donna Kelly, Ellen Sonntag, Second Appellate Court., Thomas Hughes

The following press release just popped into my in box. It pretty much speaks for itself. Donna Kelly’s web site can be found here.

Donna Kathryn Kelly Announces Candidacy For 2nd District Appellate Court
13-County District Includes McHenry County

CRYSTAL LAKE, IL — An experienced attorney and prosecutor, Donna Kathryn Kelly has announced her candidacy for the 2nd District Appellate Court in Illinois.

“I look forward to bringing my balanced career as a prosecutor, public defender and private attorney to the court,” said Kelly.  “As a long-time resident of McHenry County, and former assistant public defender in Kane County, I know the district well and it would be an honor to serve it on the Appellate Court.”

Most recently a former assistant state’s attorney in McHenry County, she was assigned to the Special Prosecutions Division, prosecuting felony cases and putting violent offenders and gang members behind bars.

Kelly also ran McHenry County State’s Attorney’s Office Gang Unit.  In 2008, she led the prosecution team that successfully prosecuted “Nortenos 14” street gang members for a gang-related stabbing in Woodstock.  In 2006, she won guilty verdicts against the “Latin Kings” street gang members for a violent gang-related beating in Harvard.

Kelly is a member of the Capital Litigation Bar and qualified to prosecute and defend death penalty cases as lead counsel.  She served as an assistant appellate defender for seven years in the Office of the State Appellate Defender in the Third Appellate Court.  She has argued numerous cases before the Appellate Court, and successfully argued two cases before the Supreme Court of Illinois.

A 1994 graduate of Northern Illinois University College of Law, Kelly began her legal career as an assistant public defender in Kane County.  A long-time resident of McHenry County, she graduated from Marian Central Catholic High School in Woodstock.

The five-district Illinois Appellate Court is the court of first appeal for civil and criminal cases that come out of the circuit courts.  Based in Elgin, the Second District Appellate Court includes Lake, DuPage, McHenry, Jo Daviess, Stephenson, Winnebago, Boone, Carroll, Ogle, Lee, DeKalb, Kane, and Kendall.

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McHenry’s Thomas Hughes is chairman of her campaign committee and Crystal Lake’s Ellen Sonntag is the PAC’s treasurer.

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