Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 4

Today, we move to the fourth installment on the motion filed by former Deputy Sheriff Zane Seipler’s lawyer Blake Horwitz requesting sanctions against McHenry County Sheriff Keith Nygren for releasing confidential information.

This is occurring in Seipler’s Federal wrongful termination suit being heard in Rockford.

Paragraphing and formatting has been added in the text to make the text easier to read on a computer screen.

A second alleged violation of the Court’s Protective Order is described next.

“Second Violation of Court Order

“On April 9, 2007, a police report was filed by Rosalinda Saucedo-Seipler with the Woodstock Police Department, Woodstock Police Report #07-4183. The report contains very personal information regarding a domestic incident between Plaintiff Zane Seipler and his wife, Rosalinda Saucedo-Seipler (Exhibit E).

“On or around January 22, 2010, the Woodstock Police report #07-4183 was widely disseminated to the deputy officers at the McHenry County Police Department [Foot Note 2].

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Foot Note 2.  “Deputy Tim Matteson, a deputy of the McHenry County Sheriff’s Department personally observed a copy of the report in his mailbox and saw several reports placed in the mailboxes of various deputies and on a table in the Patrol Roll Call room in the McHenry County Sheriff’s made available in roll call two weeks prior to the primary.= = = = =

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“The report was unlawfully placed in the mailboxes of several Deputy Officers and put on tables in the Patrol Roll Call room in McHenry County Sheriff’s Department without the permission or knowledge of Rosalinda Saucedo-Seipler or Zane Seipler.

“Mr. Seipler was a Republican candidate for Sheriff. The Woodstock police report was placed in the boxes and
made available in roll call two weeks prior to the primary.”

“Department (Exhibit F). Deputy Matteson spoke to Deputy Milliman regarding the report, who stated that he saw several copies of the report in various areas of the Squad room in the McHenry County Sheriff’s Department.

“At the time, Zane Seipler was running for the position of Sheriff of McHenry County and the illegal distribution of the report negatively influenced his political campaign.

“Newspaper reporters, Chuck Keashan of the Daily Herald and Jillian Duchowski of Northwest Herald, contacted Zane Seipler to inquire about this personal matter.

“Finally, Seipler’s domestic incident was discussed on online blogs (e.g. http://antiwoodstockadvocate.blogspot.com) and in the comment sections of numerous Northwest Herald articles.

“The release of this report affected both Zane Seipler’s career and reputation in McHenry County.

“On February 23, 2010, Robert W. Lowen, the Chief of Police of the Woodstock Police Department wrote a letter to Rosalinda Saucedo-Seipler regarding the results of the investigation (Exhibit G).

“Chief Lowen wrote that there were two different requests to access the report through the City of Woodstock Freedom of Information Act. Chief Lowen and Officer Cindy Smiley recommended denial of these requests and stated that the report was not disseminated to the two entities that requested the report via FOIA.

James Sotos

“Chief Lowen also stated in this letter that the report was released by subpoena.

“The only firm that subpoenaed the materials was James G. Sotos and Associates. This firm admits having secured the documents via subpoena.

“As illustrated above, the law firm of James G. Sotos and Associates and the Defendant Officers were the only entities who were given access to the report through the use of a subpoena. As a result, they were the only persons who could have unlawfully distributed the report to the McHenry County Sheriff’s Department.”

Addition detail is included, then…

“Defendant’s distribution of the report was in direct violation of the Confidentiality Order entered by both parties: ‘The Parties will not use or disclose the PHI and/or Confidential Matter released in this proceeding for any other purpose or any other proceeding.’

“The dissemination of the report is a clear violation of Illinois law. 20 ILCS 2630/7 Sec. 7.

“No file or record of the Department hereby created shall be made public, except as provided in the ‘Illinois Uniform Conviction Information Act’ or other Illinois law or as may be necessary in the identification of persons suspected or accused of crime and in their trial for offenses committed after having been imprisoned for a prior offense …Violation of this Section shall constitute a Class A misdemeanor.

“In this instance, the distribution of the report by Defendants is a clear abuse of their official position.

“By releasing private information with regards to a candidate and citizen who was running for political office, the public good was harmed and the law was violated.”

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More tomorrow.


Comments

Point, Counter Point – Sotos, Horwitz Both Request Sanctions – Part 4 — 3 Comments

  1. I find Cal’s postings regarding the distribution of the deposition of McHenry County Deputy Sheriff Scott Milliman most enlightening.

    Upon my seeing the NW Herald’s slanderous article about Deputy Milliman and the information contained in what I was told was a ‘sealed’ document via Federal Court Order, I too requested a copy of said deposition.

    For those of you who regularly follow Cal’s blog as I do, you would know that my name was also mentioned in Deputy Milliman’s deposition.

    I sent a note to Deputy Zane Seipler and his counsel requesting a copy of the deposition in question.

    I was “Very Clearly” told by Deputy Seipler, that the deposition of Deputy Scott Milliman was ‘Sealed’ by a Federal Judge and that he, (Deputy Seipler) could not and would not provide me with any copy nor transcript of Deputy Milliman’s testimony. This policy also applied to Deputy Seipler’s attorney.

    From my personal experience, Deputy Zane Seipler nor his attorney Blake Horwitz, have never released any documents that have been under Federal Court jurisdiction as ‘Sealed’ by a Federal Judge.

    I will make a brief statement as well regarding everything you are reading about any cases that may contain the names of Deputy Scott Milliman, Deputy Zane Seipler and myself.

    Going back to the initial time frames of my complaints against the Sheriff, at no time had I ever, not one single time, ever heard of a man named “Scott Milliman,” nor had I ever heard of a man named “Zane Seipler.”

    In plain terms, three men, all around the same time, without ever knowing the other even existed, began having what seemingly has turned out to be similar problems regarding the Sheriff and or his department.

    Each of us, as things are unfolding, have had separate and even far different individual issues that have and or are being addressed. There has been no ‘ganging up’ on anybody within the Sheriff’s department by any of us.

    I had addressed and presented evidence of my issues that those who have followed thing’s are well aware of. As far as I am concerned, my issues are no longer issues.

    ” I cannot and will not go into what may or may not soon follow regarding the things Deputy Milliman has allegedly disclosed in his deposition that concerned myself and my family.”

    I have recently made comments right here on Cal’s blog showing support for the new Under Sheriff Andrew Zinke.

    Again, my one and only experience with the Under Sheriff back in 2008, was very positive. My personal opinion about Mr. Zinke has not changed.

    I pray that Under Sheriff Zinke was not the man who provided this ‘sealed’ court document to the NW Herald who then made a mockery not only of a man who was trying to do the right thing in his opinion, a mockery was, at the same time, in the same article, made by the NW Herald about myself regarding an alleged “Murder Plot” showing me as the ‘target.’

    The NW Herald and the individual or individuals involved in this depostions release have Exposedmyself and my family to a broader audience during what was and may well be a very dangerous time.

    Does anybody really think any of this is funny?

    As you are beginning to see thing’s unfold, do you think the NW Herald has shown itself to be a responsible news medium for such serious issues?

    What you have seen and will continue to see is affecting not only the stability of all McHenry County Tax Payers personal safety, this all also as cause and affect on the financial stability of your county.

    Millions of dollars thus far have been expended on issues your local news paper has formatted and or framed in a highly immature and irresponsible fashion in my constitutionally protected opinion.

    I suppose we should expect this type of behavior from a journalist who cannot even seem to keep out of his own trouble with police regarding such simple yet legally required issues responsible citizens do every year. We, responsible citizens carry insurance on our automobiles and we re-new our vehicle registration each year and we don’t drive intoxicated.

    I have just recently read some letter that was evidently sent by Under Sheriff Zinke to States Attorney Louis Bianchi. Mr. Bianchi is a man I deeply respect and admire.

    Although I am now deeply disturbed by the tone of the letter that had been directed toward the States Attorney Bianchi that U.S. Zinke had sent, frankly, it is none of my business.

    I based my recent positive comments about Mr. Zinke based upon my personal experience with the new Under Sheriff back at a time when he was known as Lt. Zinke.

    Perhaps something has changed? I hope Politics has not taken a fine Peace Officer and Protector of the communnity.

    This all being said. A final note must be made.

    Out of all the people who read Cal’s blog and those who have been reading the information placed forth by the NW Herald, in plain truth, there are maybe (10) people who know what is “TRULY” going on regarding several cases.

    “Some” cases, that have yet to even be revealed.

    Given these facts, I believe we should all be grateful to Cal Skinner for his reporting and for his taking all the time it takes to scan documents and place forth on a blog. Not to mention the monetary costs of obtaining these documents.

    Many have and will continue to express comments and or opinions based upon what they ‘believe’ they know. That is fine, but again, there are very few who have sat with FBI agents, State Police, Federal Attorney’s and so forth.

    The best forum for all of this to be settled in not in the court of opinion, but in the courts of law.

    In the mean time, I pray we can all find some peace within our hearts and minds, and continue to move forward with our lives. Keeping in mind, that many individual lives and families are now and will continue to be affected by all of this.

    Respectfully,

    David Bachmann

  2. Based on the clips Skinner provides in this article, names, dates, actual people and officers, it seems to me that a lawyer like Horowitz wouldn’t make these allegation without proof. Jim Sotos is on the county payroll and he too is a crook? He was involved with the METRA investigation about Pagano,no? The same Pagano that Nygren says he never met yet live down the street from? Hmm.

    I looked back and saw that the Bruketta guy was the deputy they featured in the Chicago Tribune. And he is one of the guys that beat up the elderly couple in Crystal Lake. I also read a recent article that pops up now about the Sheriff and that ICE detention cells at the jail. Stats don’t add up in Nygren’s favor. Looks like his people are not at all concerned about the Constitution.

    Mr Bachmann, I read your blog in the past. Seems you were right when you called Sotos, was it, “SLICK”. Like a greasy oil spill.

    I also remember you from Krug’s editorial.

    I remember Lyons from his DUI that was nolle pros. Horowitz called the NWH a mouthpiece of Nygren.

    I looked at Zinke’s campaign contributions, Zacatecas is contributing in these early stages via Latino businessmen and women.

    Milliman’s brother was murdered. I would say some very weird things are going on in McHenry County

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