McHenry County Blog

This is the final section of a long article about the deposition of McHenry County State’s Attorney Lou Bianchi, primarily by former Deputy Sheriff Zane Seipler.

Part 1 is here.

Part 2 is here.

Part 3 is here.

Seipler has filed suit asking for a Special Prosecutor to be named to investigate whether Sheriff Keith Nygren used taxpayer dollars to advance his political campaign.

The court reporter was taking down what Bianchi and four attorneys said.

The attorneys were

• Blake Horwitz, Seipler’s attorney
• Donna Kelly, Bianchi’s advisor for the questioning
• Bill Caldwell, representing McHenry County interests
• Mark Gummerson, Nygren’s personal attorney

In addition, Nygren and Seipler were in the room.

Horwitz came up with this question: “…do you believe as State’s Attorney that to represent the Sheriff civily in civil cases while at the same time investigating the Sheriff for criminal activity would give rise to a conflict pursuant to Illinois law?”

More objections.

Bianchi: “It may.”

Horwitz: “Okay. Can you explain what you mean by ‘may,’ please?”

Bianchi did not come up with a further explanation.

Horwitz: “What would be the nature, what is the nature of the conflict that could arise?”

Bianchi: “I can only explain it in terms of the petition that was filed…And I think I have given that answer several times.”

Another attempt to elicit more information from Bianchi resulted in this answer:

“Again, after I read the petition, I made no determination but I was concerned.

Lou Bianchi

“We’ve had a great track record here.“We’ve won almost every case for the Sheriff. We’ve settled one or two at nominal, 2,000, 3,000. I don’t want to jeopardize that.

“I don’t want to make a decision.

“I don’t know what the judge would do.

“I don’t want to jeopardize our successful representation of the Sheriff in not only civil suits filed for him, in all those criminal cases, the murder cases, the traffic cases, the DUIs, all those cases we’ve represented. I don’t want to jeopardize that.

“The cost to the taxpayers and the bottom end should that ever happen could be millions of dollars.“

Horwitz: “Okay. I’m going to ask one more time; and if you’re unwilling to answer my question, I may ask the judge to…”

Bianchi: “I’m willing to answer any question.”

Horwitz: “I’m asking you if you can give me an example of what you understand as a conflict with regards to representing the Sheriff at the present time in civil cases and the pending petition to appoit a special prosecutor. What would the conflict be? What’s the conflict that you foresee could exist, reasonably foresee?”

Bianchi: “It would be the same answer I’ve given several times.”

Horwitz: “Respectfully, I do not believe it has been answered adequately. And, if I understand that…”

Bianchi: “I’m dong my best.”

Horwitz: “Okay. That’s fine. So I’ll decide what I’m going to do in that regard.”

Animosity was more than evident as the deposition ended. It was mainly attorney Mark Gummerson versus Blake Horwitz with Bill Caldwell saying at one point, “All right. Time-out, girls, time-out.”

“I’ll take it up with the judge, if I choose to,” Horwitz concluded.

Thursday, as I was driving to the Post Office, I noticed a political tee shirted Terry Kappel walking west on Route 14.

You know I had to ask him why he was so attired in Crystal Lake.

Was he going door-to-door for a Democratic Party candidate?

I drove around the block, stopped in a parking lot and asked him.

He was on the way to his chiropractor.

But, our encounter wasn’t a complete washout.

He was wearing the a 16th District “Gaulrapp for Congress” tee shirt with buttons and stickers.

He told me that Independent (that’s what will appear over her name on the ballot in her race against Republican Associate Judge Gordon Graham) judicial candidate Sally Wiggins had found someone going through her garbage.

Now, that was interesting.

I’ve heard of one party’s operatives going through the garbage of campaign offices locally, but never a home. Took me back to J. Edgar Hoover garbage gathering efforts I’d read about.

Wiggins showed up at McHenry County State’s Attorney Lou Bianchi’s fund raiser last night.

She was working the crowd and even had a young man writing names and phone numbers in a spiral notebook.

I asked to speak with her and she shoehorned me in.

“Tell me about the garbage guy,” I said.

She told me that Saturday morning she saw a man going through the garbage in her can at the end of her driveway.

When she asked him what he was doing, he reply,

“I’m re-cycling.”

“Do you have a re-cycling can?” I asked.

She said she did, but

“He was in by regular garbage.”

Wasn’t it the Laugh-In Naze who said, “Ver-r-r-r-r-y in-ter-r-r-r-r-es-s-s-ting.”

It should be noted that Judge Graham is the one who named a special prosecutor at Bianchi’s GOP primary opponent Dan Regna’s request to investigate whether Bianchi used tax dollars for political purposes.

In related news, the hearing to decide whether a similar prosecutor should be named to investigate whether McHenry County Sheriff Keith Nygren used tax dollars for political purposes has been postponed. That effort was initiated by Nygren’s primary opponent Zane Seipler.

At the April 13th Woodstock Unit School District 200 School Board meeting, Rosalinda and Zane Seipler presented a plea that their daughter be allowed to attend a full-day dual language kindergarten class.

Mrs. Seipler wrote the letter and made the presentation.

Their request had previously been denied because almost all the kids in the class were boys.

By making their persuasive complaint, the family has now won the right for all kindergarten children to attend 6.5 hours of class versus 2.5 hours previously.

The details of the complaint took me back to when I was state representative in the 1970′s and a 13-year old Special Ed girl was put in a trailer at North Junior High in which all of the over 10 other students were boys. District 200 administrators argued before a State Board of Education hearing officer that was perfectly appropriate.

They lost and the girl was ordered to go to Summit School in East Dundee at District 200 expense. I think the district would have lost whether or not I had attended the hearing, the placement was so outrageous.

But, back to today.

Zane Seipler got a call from the school district telling him his family’s request was being granted, that the abolition of pre-school classes had freed up enough classroom space.

As a result of the request, all District 200 5-year olds for 2010-11 will be given either a full day of kindergarten or a full day of dual language kindergarten.

Before, there was a third option of half-day kindergarten for those who did not win the district’s lottery.

Thursday, Rose Seipler sent the following note of appreciation to District 200′s Board and administrators:

“I am writing this letter to thank Superintendent Ellyn Wrzeski, Assistant Superintendent Nancy Reczek, District 200 School Board, and Bilingual Coordinator Keely Krueger for the prompt response and resolution to our concerns regarding the Kindergarten programs. I spoke with several parents whose children will now be attending the new “Full Day” classes and they are all very happy and excited with the District’s decision.

“I commend District 200 for their willingness to hear out parents and take their concerns seriously. I am proud my child will begin her formal schooling in a school district that cares about equality in education.”

I found this summary of what recently fired Deputy Sheriff Zane Seipler’s suit says the Office of McHenry County Sheriff Keith Nygren did wrong interesting.

Maybe you will, too.

It’s listed under “Monell Allegations” near the bottom of the suit. Seipler is represented by Blake Horwitz.

67. It is the custom, practice and/or police of the supervisors/agents and/or other employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY to perform the following acts or omissions:

a. generate false documentation to cover-up for the misconduct of McHenry County Sheriff’s Department officers;

b. fail to properly discipline officers from said police department who have committed act(s) of racial profiling;

c. fail to properly investigate a complaint of racial profiling perpetrated by McHenry County Sheriff’s Department police officers;

d. allow misconduct to occur in various types and severity such that police officers believe that they can engage in racial profiling without repercussions and/or significant repercussions;

e. fail to provide adequate sanctions/discipline to officers who engage in racial profiling, such that a permissive atmosphere exists among officers wherein they believe that they will not be disciplined (or significantly disciplined) for engaging in such behavior;

f. fail to properly investigate officers who engage in racial profiling, causing said officers to believe that they can engage in racial profiling and to not be disciplined or significantly disciplined for engaging in said behavior, which violates the rules, policies and/or procedures of the McHenry County Sheriff’s Department;

g. fail to take proper remedial measures to prevent and/or correct officers who engage in racial profiling, causing said officers to believe that they can engage in racial profiling and not be disciplined or significantly disciplined for engaging in illegal behavior;

h. fail to provide proper training to prevent officers from engaging in racial profiling and violating the rules, policies and procedures of the McHenry County Sheriff’s Department;

i. stigmatize employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

j. issue verbal and written reprimands against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

k. instigate administrative and/or criminal proceedings against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

l. suspend from duty employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

m. discredit employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling; and

n. demote or otherwise retaliate against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling.

68. This practice and/or custom, as alleged above, has gone unchecked and been allowed to exist in the COUNTY OF MCHENRY for a significant period of time, so much so, that police officers for the COUNTY OF MCHENRY recognize that they will not be punished for committing said acts and that, in fact, said acts are either permitted or quietly consented to by superior officers of the McHenry County Sheriff’s Department in order to permit said conduct to re-occur.

69. A code of silence exists between officers of the Defendant Municipality. This code of silence obstructs the legal process (preventing the free flow of honest information with regard to acts of misconduct). This code of silence contributes to the generation of secrets, in the department, regarding police officer misconduct.

70. In an attempt to further strengthen this code of silence, when employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY attempt to break this code of silence, they are retaliated against and threatened with criminal investigations by supervising employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY, such that their employment is threatened, in an attempt to further strengthen this code of silence.

I found this summary of what recently fired Deputy Sheriff Zane Seipler’s suit says the Office of McHenry County Sheriff Keith Nygren did wrong interesting.

Maybe you will, too.

It’s listed under “Monell Allegations” near the bottom of the suit. Seipler is represented by Blake Horwitz.

67. It is the custom, practice and/or police of the supervisors/agents and/or other employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY to perform the following acts or omissions:

a. generate false documentation to cover-up for the misconduct of McHenry County Sheriff’s Department officers;

b. fail to properly discipline officers from said police department who have committed act(s) of racial profiling;

c. fail to properly investigate a complaint of racial profiling perpetrated by McHenry County Sheriff’s Department police officers;

d. allow misconduct to occur in various types and severity such that police officers believe that they can engage in racial profiling without repercussions and/or significant repercussions;

e. fail to provide adequate sanctions/discipline to officers who engage in racial profiling, such that a permissive atmosphere exists among officers wherein they believe that they will not be disciplined (or significantly disciplined) for engaging in such behavior;

f. fail to properly investigate officers who engage in racial profiling, causing said officers to believe that they can engage in racial profiling and to not be disciplined or significantly disciplined for engaging in said behavior, which violates the rules, policies and/or procedures of the McHenry County Sheriff’s Department;

g. fail to take proper remedial measures to prevent and/or correct officers who engage in racial profiling, causing said officers to believe that they can engage in racial profiling and not be disciplined or significantly disciplined for engaging in illegal behavior;

h. fail to provide proper training to prevent officers from engaging in racial profiling and violating the rules, policies and procedures of the McHenry County Sheriff’s Department;

i. stigmatize employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

j. issue verbal and written reprimands against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

k. instigate administrative and/or criminal proceedings against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

l. suspend from duty employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling;

m. discredit employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling; and

n. demote or otherwise retaliate against employees of the McHenry County Sheriff’s Department who speak out against officers of the McHenry County Sheriff’s Department who engage in racial profiling.

68. This practice and/or custom, as alleged above, has gone unchecked and been allowed to exist in the COUNTY OF MCHENRY for a significant period of time, so much so, that police officers for the COUNTY OF MCHENRY recognize that they will not be punished for committing said acts and that, in fact, said acts are either permitted or quietly consented to by superior officers of the McHenry County Sheriff’s Department in order to permit said conduct to re-occur.

69. A code of silence exists between officers of the Defendant Municipality. This code of silence obstructs the legal process (preventing the free flow of honest information with regard to acts of misconduct). This code of silence contributes to the generation of secrets, in the department, regarding police officer misconduct.

70. In an attempt to further strengthen this code of silence, when employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY attempt to break this code of silence, they are retaliated against and threatened with criminal investigations by supervising employees of the McHenry County Sheriff’s Department and the COUNTY OF MCHENRY, such that their employment is threatened, in an attempt to further strengthen this code of silence.