Andy Zinke Facing Special Prosecutor Request, Ten-Month DEA Probe Revealed to Target July 9, 2012

From the masthead of the McHenry County Sheriff’s Department.

McHenry County Sheriff’s Department Sergeant John Koziol submitted a request that a Special Prosecutor be named to investigate official actions of the man that Sheriff Keith Nygren has put in charge of day-to-day operations, Undersheriff Andrew Zinke.

Over a year ago, Nygren announced his endorsement of Zinke to replace him as McHenry County Sheriff after he leaves office in December 2014.

Already two challengers have arisen, former Deputy and attorney James Harrison, who lives in Woodstock, and retired Des Plaines Police Department Commander Bill Prim, who lives in Cary.

Previously, then-former Deputy Sheriff Zane Seipler filed a motion to have a Special Prosecutor named to investigate Nygren. After over two years, that request was denied, with Judge Thomas Meyer basically ruling that McHenry County State’s Attorney Lou Bianchi had the ability to investigate the Sheriff, if he decided to do so.

Below you can read the affidavit, dated October 23, 2012, which was signed by Sgt. Koziol. Click any image to enlarge it.



See affidavit in a searchable format below the long petition.

Below you can read what the first part of the document filed today says:

IN THE CIRCUIT COURT OF THE TWENTY-SECOND JUDICIAL CIRCUIT COUNTY OF MCHENRY, STATE OF ILLINOIS

IN REAPPOINTMENT OF SPECIAL STATE’S ATTORNEY )

NOTICE OF MOTION
TO: Louis A. Bianchi, McHenry County State’s Attorney
McHenry County Government Center
McHenry County State’s Attorney’s Office
2200 N. Seminary Avenue, Suite 150
Woodstock, IL 60098
)
12 MR 459
PLEASE TAKE NOTICE that on October 25, 2012 at 9:00 a.m., or as soon
thereafter as counsel may be heard, the parties shall appear before the Honorable
Judge Thomas A. Meyer, or any judge sitting in his stead, in Courtroom 201 at t he
McHenry County Government Center, 2200 N. Seminary Avenue, Woodstock,
Illinois, 60098, and then and there present Petition to Appoint Special State’s
Attorney, for a hearing instanter, a copy of which is attached hereto and is hereby
served upon you.
Jonathan D. Nye
Attorney at Law
Law Offices of Nye & Associates, Ltd.
1603 Barclay Blvd.,
Buffalo Grove, IL 60089
84 7 ·279·0026
Atty. No. 6208896

IN THE CIRCUIT COURT OF THE TWENTY·SECOND JUDICIAL CIRCUIT,
COUNTY OF MCHENRY, STATE OF ILLINOIS

IN REAPPOINTMENT OF SPECIAL STATE’S ATTORNEY ) 12MR 459

PETITION TO APPOINT SPECIAL STATE’S ATTORNEY

NOW COMES the Petitioner, John. Koziol, a citizen of the State of Illinois,
resident of McHenry County, and duly·appointed Deputy Sheriff Sergeant for the
McHenry County Sheriffs Police, by and through his attorneys, the Law Offices of
Nye & Associates, Ltd., and pursuant to 55 ILCS 5/3·9008 moves this Honorable
Court to appoint a Special State’s Attorney in the above-captioned matter, and in
support thereof states as follows:

1. At all times relevant hereto, Petitioner, John Koziol, was an adult resident of
the County of McHenry, State of Illinois. At all times relevant hereto, Petitioner
was employed as a Deputy Sheriff Sergeant for the .McHenry County Sheriffs
Office.

2. At all times relevant hereto, Andrew Zinke was an adult resident of the
County of McHenry, State of Illinois. Since 2010, and at all times relevant hereto, Zinke was employed as the Undersheriff for the McHenry County Sheriffs Office.

3. At all times relevant hereto, Keith Nygren was an adult resident of the
County of McHenry, State of Illinois. At all times relevant hereto, Nygren was
employed as the Sheriff of McHenry County.

4. On or about July 9, 2012, Petitioner was attached to the Rockford Area
taskforce under the operation and direction of the U.S. Drug Enforcement
Administration (hereinafter “DEA”), and under the direct supervision of Special
Agent John Doe.

5. On or about July 9, 2012, Petitioner was contacted. by telephone by Special
Agent John Doe of the DEA concerning an investigation. Special Agent Doe
informed Petitioner that a truck had been intercepted by DEA agents in Corpus
Christi, Texas, and that the truck had been carrying 4,000 pounds of cannabis
destined for Rita Corporation in Crystal Lake, Illinois.

6. Special Agent. Doe told Petitioner that he was trying to learn more about the
suspect(s) from the local authorities. Special Agent Doe stated that he had “reached
out to” another taskforce officer and had requested that he try to find out more
about Rita Corporation. Special Agent Doe also stated that he had calls into the
local police authorities in Crystal Lake in an attempt to learn more about Rita
Corporation.

7. Special Agent Doe inquired of Petitioner whether he was familiar with Rita
Corporation in Crystal Lake, Illinois. Petitioner responded in the affirmative.
Petitioner then told Special Agent Doe that Rita Corporation was owned by Brian
Goode, a McHenry County Sheriffs Merit Commissioner, and that Rita Corporation
was a major financial and political supporter of Sheriff Nygren and of McHenry
County Undersheriff Andy Zinke. Petitioner also told Special Agent Doe that the
address for Rita Corporation in Crystal Lake was the same address being used by
Undersheriff Zinke’s political campaign committee for Zinke’s political campaign for
the Office of Sheriff of McHenry County. See: Exhibit “A” Form D-1: Statement of
Organization; “Citizens to Elect Zinke,” 850 S. Route 31, Crystal Lake, Illinois;
dated September 27, 2011; Exhibit “B” Rita Corporation website locational
information from RITACORP.COM, attached hereto.

8. Petitioner then inquired of Special Agent Doe whether it was okay to brief
Petitioner’s supervisors on the investigation. Special Agent Doe initially told
Petitioner not to disclose the information while the DEA was acquiring other
information.

9. On Wednesday, July 11, 2012, Petitioner spoke with Special Agent Doe again
concerning the investigation. During their conversation, Petitioner informed
Special Agent Doe that Petitioner was required to notify his supervisors that be was
involved in an investigation taking place in McHenry County. Petitioner then
asked whether Special Agent Doe was going to sit down with Andy [Undersheriff
Zinke] and let him know what was going on. Special Agent Doe replied “yeah, go
ahead and tell Andy [Undersheriff Zinke], it’s not going to matter.” Affiant and
Special Agent Doe then discussed whether a controlled delivery to the Rita
Corporation could be arranged.

10. After his conversation with Special Agent Doe, also on Wednesday, July 11,
2012, Petitioner briefed his immediate supervisor, Detective Lt. James Popovits, on
the investigation and asked Lt. Popovits to accompany him when he notified
Undersheriff Zinke about the DEA’s investigation of the Rita Corporation; Lt.
Popovits accompanied Petitioner to Undersheriff Zinke’s office.

11. Thereafter, Petitioner and Lt. Popovits went to Undersheriff Zinke’s office
and Petitioner disclosed to Undersheriff Zinke the details of the investigation that
had been disclosed to him by the DEA thus far.

12. After being briefed on the details of the investigation, Zinke stated: ”There is
no way Brian [Goode] is involved.” Zinke also stated that a similar situation had
happened ten years earlier at another of Rita Corporation’s locations .in Forne,
Texas. Zinke then stated that “Brian would be happy to supply trucking routes and
help with the next delivery going through.”

13. Petitioner then told Undersheriff Zinke that Special Agent Doe would be
willing to come out and talk with Zinke about the investigation, but that Special
Agent Doe wanted to get all his information together first. Petitioner also told
Zinke that the information may be ready as early as Friday1 July 13, 2012.

14. At that time, Undersheriff Zinke stated: ‘Tm having lunch with Brian
[Goode] on Friday.” Zinke then stated: ”I’m not going to say anything to him
though,” which Affiant understood as an acknowledgement from Zinke that the
information was to be kept confidential. Affiant also confirmed to Zinke that the
information was to be kept confidential.

15. On Thursday, July 12, 2012, Special Agent Doe and Petitioner had a face·to·
face conversation concerning the investigation of Rita Corporation. Special Agent
Doe informed Petitioner that the investigation was bigger than had previously been
thought, and that DEA in Texas had been working separate cases and didn’t
connect them immediately. Special Agent Doe also informed Petitioner that there
were separate trucks going to Rita Corporation and to two other area locations, and
that it was estimated that 60,000 pounds of cannabis had been shipped into the
area over a ten month period.

16. Petitioner then asked Special Agent Doe if he was still meeting with
Undersheriff Zinke on Friday; Special Agent Doe replied in the affirmative.
Petitioner, planned to have the meeting between Special Agent Doe and Zinke occur
prior to Zinke1s lunch meeting with Brian Goode. Petitioner suggested 11:00 a.m.
on Friday, July 13, 2012, and the meeting was tentatively set to occur on that date
and at that time.

17. Also on Thursday, July 12, 2012, Undersheriff Zinke called Petitioner and
asked what was going on with the Rita Corporation investigation. Petitioner then
informed Undersheriff Zinke about the supplemental information Petitioner had
learned from Special Agent Doe that day. Petitioner informed Undersheriff Zinke
about the new infonnation DEA had. assembled, the locations involved and the
quantities of cannabis that had been shipped into the area. Petitioner then told
Undersheriff Zinke that Special Agent Doe would meet with them the following
morning, on Friday, July 13,2012.

18. Thereafter, Affiant contacted his immediate supervisor, Lt. Popovits, and also
briefed him on the supplemental information that had been received from the DEA.
Affiant notified. Lt. Popovits that Affiant had already briefed Undersheriff Zinke
regarding the supplemental information.

19. On Friday, July 13, 2012, Undersheriff Zinke contacted Petitioner and
inquired whether the meeting with Special Agent Doe was still on for 11:00 a.m. In
response, Petitioner attempted to contact Special Agent Doe several times to
confirm that the scheduled meeting was going forward, but his calls were not
returned.

20. Petitioner then went outside of the McHenry County Government Center to
try to call Special Agent Doe again, thinking the building may have interfered with
Special Agent Doe’s cell phone reception. While outside in the parking lot,
Petitioner witnessed Undersheriff Zinke talking with Brian Goode. Zinke and
Brian Goode then approached Petitioner.

21. Undersheriff Zinke introduced Petitioner to Brian Goode and then stated: “I
told Brian everything.”

22. Petitioner was stunned by Zinke’s admission that Zinke had disclosed
confidential information concerning a DEA investigation to Brian Goode, the owner
of Rita Corporation, the suspect corporation in a federal ‘drug investigation.
Petitioner believed that the investigation had been compromised.

23. Undersheriff Zinke then stated “yeah, this sounds like the same thing that
happened ten years ago down in Ferne, Texas.” Undersheriff Zinke and Brian
Goode then had a brief discussion about how long ago it had been since that
incident and Brian Goode stated that it was not in Forne, Texas.

24. At the time of the discussion, Brian Goode was holding a folder containing
papers which Goode stated to Petitioner was his employee list and trucking routes.
Petitioner told Goode to hold onto the information because the DEA may want it.

25. Undersheriff Zinke then told Petitioner to inform him when Special Agent
Doe arrived, and Zinke and Brian Goode then went into the Government Center
building.

26. Petitioner subsequently was able to contact Special Agent Doe, who told
Petitioner that he was still getting information and still putting the pieces together.
Petitioner then notified Special Agent Doe that Undersheriff Zinke had disclosed
the investigation details to Brian Goode, owner of the Rita Corporation, to which
Special Agent Doe replied “are you fucking kidding me.” Special Agent Doe then
informed Petitioner that he would not be meeting with Zinke and told Petitioner to
remind Undersheriff Zinke that all information pertaining to the investigation of
Rita Corporation was to be kept confidential.

27. Petitioner then texted Undersheriff Zinke and Lt. Popovits and told them
that Special Agent Doe could not make the meeting.

28. Undersheriff Zinke texted back: “Okay.” Thereafter, as instructed by Special
Agent Doe, Petitioner then texted Undersheriff Zinke and reminded him that all
information pertaining to the DEA’s investigation of the Rita Corporation was to be
kept confidential.

29. Shortly thereafter, also on July 13, 2012, Affiant had a face-to-face
conversation with his immediate supervisor, Detective Lt. Popovits, in the
Lieutenant’s office. Affiant reported to Lt. Popovits that Undersheriff Zinke had
disclosed confidential information pertaining to the DEA’s investigation into the
Rita Corporation, to Brian Goode, the owner of the Rita Corporation.

30. The McHenry County Sberiff has promulgated standing General Orders to
every employee of the Sheriffs Office; each employee is required to sign an
acknowledgment that the employee has read and understood the General Orders.
General Order 1.1.13(V)(D)(l). Employees are ordered to obey all lawful orders of
the Sheriff, including the General Orders. General Order 1.1.13(V)(K)(l).
Employees are also required to abide by the portion of the General Orders
consisting of the “Law Enforcement Code of ‘Ethics.” General Order
l1.1.01 (VI)(D)(l).

31. General Order 1.5.00(4){E)(8)(a) “Assisting Criminals” provides: “Except as
authorized, employees shall not communicate information which might assist
persons suspected of or charged with criminal acts.”

32. General Order 1.5.00(4)(E)(44)(a) “Investigations” pr0vides: “Members shall
not interfere with investigations being handled by other members of the Sheriffs
Office or by any other governmental agency, unless 1) ordered to intervene by a
supervisor, or, 2) the intervening member believes beyond a reasonable doubt that a
manifest injustice would result from failure to take immediate action .. .. “

33. General Order 1.1.01 (IV)(D)(l) “Law Enforcement Code of Ethics” provides:
” … Whatever I see or hear of a confidential nature or that is confided in me in my
official capacity will be kept ever secret unless revelation is necessary in the
performance of my duty.”

34. General Order 1.1.01 l(IV)(D)(l) ‘jLaw Enforcement Code of Ethics” provides:
“I WILL NEVER . . . permit personal feelings . . . or friendship to influence my
decisions.” With no compromise for crime and relentless prosecution of criminals, I
will enforce the law . . . appropriately without . . . favor . . . and never accepting
gratuities.”

35. The facts set forth in Petitioner’s Affidavit establish that the conduct of
Undersheriff Andrew Zinke, of disclosing confidential information concerning a
federal drug investigation to the owner of the suspect corporation, constitutes
violations of the Sheriff’s General Orders, and thereby constitutes “Official
Misconduct” in violation of the Illinois Criminal Code, 720 ILCS 5/33·3(b) and (c).

36. The facts set forth in Petitioner’s Affidavit establish that Undersheriff
Andrew Zinke performed an act which he knew was forbidden by law to perform, in
violation of 720 ILCS 5/33·3(b), in that he communicated information to Brian
Goode, the owner of Rita Corporation, which might assist Rita Corporation, an
entity suspected of involvement in criminal activity, in violation of the Sheriff’s
General Orders.

37. The facts set forth in Petitioner’s Affidavit establish that Undersheriff
Andrew Zinke performed an act which he knew was forbidden by law to perform, in
violation of 720 ILCS 5/33·3(b), in that he interfered with an investigation being
handled by another governmental agency, the U.S. Drug Enforcement
Administration, by breaking confidentiality and disclosing confidential information
about the Sheriff’s General Orders.

38. The facts set forth in Petitioner’s Affidavit establish that Undersheriff Zinke
acted in his official capacity when he performed the acts which he knew was
forbidden by law to perform, in violation of 720 ILCS 5/33·3(b), in that he
improperly disclosed confidential information he had received pursuant to his
official position as Undersheriff and Petitioner’s immediate supervisor, in violation
of the Sheriffs General Orders.

39. That Undersheriff Zinke’s political campaign committee for the Office of
Sheriff is headquartered at 850 S. Route 31, Crystal Lake, Illinois, 60014, and that
850 S. Route 31 is also the address for Rita Corporation. See: Exhibits “A” and ”B”
attached hereto.

40. The facts set forth in Petitioner’s Affidavit establish that, with the intent to
obtain a personal advantage for himself or another, Andrew Zinke performed an act
in excess of his lawful authority, in violation of 720 ILCS 5/33·8(c), in that he
improperly communicated confidential information pertaining to a federal drug
investigation to the owner of the suspect corporation, and interfered with an
investigation by another governmental agency, in violation of the Sheriffs General
Orders.

41. That after Undersheriff Zinke communicated confidential information
pertaining to the DEA’s investigation to Brian Goode, the owner of Rita
Corporation, the suspect corporation in the DEA’s investigation, Rita Corporation
made a “contribution” to Zinke’s political campaign in the amount of $5,000.00. See
Exhibit C” Schedule A-1 for Citizens to Elect Zinke: Report of Campaign
Contributions of $1,000 or more; dated September 17, 2012; attached hereto.

42. That the Rita Corporation is a substantial financial contributor to the
campaign to elect Andrew Zinke as the Sheriff of McHenry County, and Zinke stood
to gain a personal advantage for himself while acting in excess of his lawful
authority, in violation of 720 ILCS 5/33·3(c).

43. That the Illinois Board of Elections public records show that from 1999
through 2011, Rita Corporation was a substantial financial contributor to Sheriff
Keith Nygren’s political campaign for election/re-election, and during that period
Rita Corporation made contributions in excess of $50,000 to Sheriff Keith Nygren’s
campaign. See: Board of Elections Website at www.elections.il.gov re Campaign
Committee Disclosure Detail re Keith Nygren.

44. That Sheriff Nygren appointed Brian Goode to the McHenry County Sheriff’s
Merit Commission in 2005. See: Sheriffs Merit Commission Members at
www .mchenrvsheriff.org. (Attached hereto as Exhibit “D”)

45. Pursuant to 720 ILCS 5/3·6(b), the extended statute of limitations for
misconduct in office by a public officer or employee may be commenced within one
year after the proper prosecuting officer becomes aware of the offense not to exceed
six years from the date of the offense; hence the instant Petition is timely.

46. The allegations of Official Misconduct against Undersheriff Andrew Zinke
create a conflict of interest for the McHenry County State’s Attorney’s Office. See:
55 ILCS 5/3·9005(a)(4) People v. Lanigan, 353 IlL App. 3d 422 (1st Dist. 12004).
Moreover, a per se conflict of interest exists such that no member of the McHenry
County State’s Attorney’s Office can ethically prosecute the Undersheriff. Id. at
431.

47. The Illinois Counties Code provides a remedy when a State’s Attorney has a
conflict of interest .investigating or prosecuting criminal activity. Specifically,
Illinois law provides as follows:

{‘Appointment of attorney to perform duties. Whenever the State’s attorney
is sick or absent, or unable to attend, or is interested in any cause or
proceeding, civil or criminal, which it is or may be his duty to prosecute or
defend, the court in which said cause or proceeding is pending may appoint
some competent attorney to prosecute or defend such cause or proceeding,
and the attorney so appointed shall have the same power and authority in
relation to such cause or proceeding as the State’s attorney would have had if
present and attending the same. 55 ILCS 5/3·9008(a)

48. That appointment of a Special State’s Attorney may be accomplished at no
cost to McHenry County. Recent amendments to the Counties Code provide a
mechanism for the Court to explore appointment of a State’s Attorney at no cost to
the County. Specifically, the counties codes states:

Prior to appointing a private attorney under this subsection (a), the
court shall contact public agencies, including but not limited to the
Office of Attorney General, Office of the State’s Attorneys Appellate
Prosecutor, and local State’s Attorney’s Offices throughout the State,
to determine a public prosecutor’s availability to serve as a special
prosecutor at no cost to the county. 55 ILCS 5/3·9008(a).

49. Special prosecutors may be appointed to investigate allegations of criminal
wrongdoing. See People v. Pawlaczyk, 189 Ill.2d 177 (2000), People v. Arrington,
297 Ill. App. 3d 1 (2nd Dist. 1998). A special prosecutor may be appointed at any
stage in a case, even before formal charges are filed. Baxter v. Peterlin, 156 Ill.
App. 3d 564 (3rd Dist. 1987). The special prosecutor statute may be invoked by the
court, the State’s Attorney, or a private citizen. Baxter v. Peterlin, 156 Ill. App. 3d
564 (3rd Dist. 1987). Even in situations where the statute does not specifically
provide for appointment of a special counsel, Illinois courts have an inherent power
to protect due process rights of the people by appointing a special prosecutor. In re
Appointment of Special State’s Attorney, 77 Ill. App. 3d 614 (Srd Dist. 1976).

50. The citizens of McHenry County have a compelling interest in insuring the
integrity of the McHenry County Sheriffs Office. The Undersheriff of McHenry
County is the second highest-ranking law enforcement official in the Sheriffs Office,
and possesses extensive resources and broad powers of investigation and arrest.
The Undersheriff has the ability to initiate investigations into private citizens, to
file criminal charges against private citizens, and to receive confidential
information concerning the police operations in McHenry County. If misused, the
Undersheriff’s extensive powers can significantly infringe upon the constitutional
rights of the citizenry and can result in great hardship and constitutional
deprivations.

51. Given the Undersheriff’s resources, powers, and extensive access to
confidential law enforcement information, the citizens of McHenry County must
have the utmost confidence and trust in the integrity of the McHenry County
Sheriff’s Office and the McHenry County Undersheriff.

52. In light of the Sheriffs political and financial connection to Brian Goode, and
in light of the State’s Attorney’s conflict of interest, an independent investigation of
the allegations of criminal wrongdoing against Undersheriff Andrew Zinke is
necessary and essential to insure the integrity of the McHenry County Sheriff’s
Office.

53. Absent the Court’s appointment of a Special State’s Attorney, an independent
criminal investigation of Undersheriff Zinke’s conduct is impossible, thereby placing
Zinke above the law and free from legal consequence in the discharge of his official
duties.

54. The legal basis for the Court’s appointment of a Special State’s Attorney
pursuant to 55 ILCS 5·3·9008(a) is set forth more fully in Petitioner’s Memorandum
of Law in Support of Petition to Appoint a Special State’s Attorney, tiled
simultaneously herewith and incorporated fully by reference herein.

55. Petitioner’s Affidavit in support of appointment of a Special State’s Attorney
pursuant to 55 .ILCS 5/3·9008(a) is filed simultaneously herewith and is
incorporated fully by reference herein.

WHEREFORE, the Petitioner respectfully requests that this Honorable
Court appoint a Special State’s Attorney to investigate allegations of criminal
official misconduct by Undersheriff Andrew Zinke of the McHenry County State’s
Attorney’s Office, and for such other and further relief as this Honorable Court
deems just and proper.

Jonathan D. Nye
Attorney at Law
Law Offices ofNye & Associates, Ltd.
1603 Barclay Blvd.,
Buffalo Grove, IL 60089
847·279·0026
Atty. No. 6208896

Respectfully submitted,

Jonathan D.Nye
= = = = =
County of McHenry )
) ss
State of Illinois )

Affidavit of John Koziol

The Affiant, John Koziol, having first been duly sworn and under the penalties of
perjury swears and/or affirms that he is an adult over the age of twenty-one years,
that he has personal knowledge of the facts set forth herein, and that if called to
testify he could competently testify as follows:

1. At all times relevant hereto, Affiant was a resident of the County of McHenry
and a duly-appointed Deputy Sheriff for the McHenry County Sheriffs Office, in
McHenry County, Illinois, holding the rank of Sergeant.

2. On or about July 9, 2012, Affiant was attached to the Rockford Area taskforce
under the operation and direction of the U.S. Drug Enforcement Administration
(hereinafter “DEA”), and under the direct supervision of Special Agent John Doe.

3. On or about July 9, 2012, Affiant was contacted by telephone by Special
Agent John Doe of the DEA concerning an investigation. Special Agent Doe
informed Affiant that a truck had been intercepted by DEA agents in Corpus
Christi, Texas, and that the truck had been carrying 4,000 pounds of cannabis
destined for Rita Corporation in Crystal Lake, Illinois.

[There is no paragraph 4.]

5. Special Agent Doe told Affiant that he was trying to learn more about the
suspect(s) from the local authorities. Special Agent Doe stated that he had “reached
out to” another taskforce officer and had requested that he try to find out more
about Rita Corporation. Special Agent Doe also stated that he had calls into the
local police authorities in Crystal Lake in an attempt to learn more about Rita
Corporation.

6. Special Agent Doe inquired of Affiant whether he was familiar with Rita
Corporation in Crystal Lake, Illinois. Affiant responded in the affirmative. Affiant
then told Special Agent Doe that Rita Corporation was owned by Brian Goode, a
McHenry County Sheriffs Merit Commissioner, and that Rita Corporation was a
major financial and political supporter of Sheriff Keith Nygren and of McHenry
County Undersheriff Andy Zinke. Affiant also told Special Agent Doe that the
address for the Rita Corporation in Crystal Lake was the same address being used
by Undersheriff Zinke’s political campaign committee for Zinke’s political campaign
for the Office of Sheriff of McHenry County.

7. Affiant then inquired of Special Agent Doe whether Affiant should brief his
supervisors on the investigation. Special Agent Doe initially told Affiant not to
disclose the information while the DEA was acquiring other information.

8. On Wednesday, July 11, 2012, Affiant spoke with Special Agent Doe again
concerning the investigation. During their conversation, Affiant informed Special
Agent Doe that Affiant was required to notify his supervisors that he was involved
in an investigation taking place in McHenry County. Affiant then asked whether
Special Agent Doe was going to sit down with Andy [Undersheriff Zinke] and let
him know what was going on. Special Agent Doe replied “yeah, go ahead and tell
Andy [Undersheriff Zinke], it’s not going to matter.” Affiant and Special Agent Doe
then discussed whether a controlled delivery to the Rita Corporation could be
arranged.

9. After his conversation with Special Agent Doe, also on Wednesday, July 11,
2012, Affiant briefed his immediate supervisor, Detective Lt. James Popovits, on the
investigation and asked Lt. Popovits to accompany him when he notified
Undersheriff Zinke about the DEA’s investigation of the Rita Corporation; Lt.
Popovits accompanied Affiant to Undersheriff Zinke’s office.

10. Thereafter, Affiant and Lt. Popovits went to Undersheriff Zinke’s office and
Affiant disclosed to Undersheriff Zinke the details of the investigation that had
been disclosed to him by the DEA thus far.

11. After being briefed on the details of the investigation, Zinke stated “there is
no way Brian [Goode] is involved.” Zinke also stated that a similar situation had
happened ten years earlier at another of Rita Corporation’s locations in Forne,
Texas. Zinke then stated that “Brian [Goode] would be happy to supply trucking
routes and help with the next delivery going through.”

12. Affiant then told Undersheriff Zinke that Special Agent Doe would be willing
to come out and talk with Zinke about the investigation, but that Special Agent Doe
wanted to get all his information together first. Affiant also told Zinke that the
information may be ready as early as Friday, July 13, 2012.

13. At that time, Undersheriff Zinke stated~ “I’m having lunch with Brian
[Goode] on Friday.” Zinke then stated ”I’m not going to say anything to him
though,” which Affiant understood as an acknowledgement from Zinke that the
information was to be kept confidential. Affiant also confirmed to Zinke that the
information was to be kept confidential.

14. On Thursday, July 12, 2012, Special Agent Doe and Affiant had a face·to·face
conversation concerning the investigation of Rita Corporation. Special Agent Doe
informed Affiant that the investigation was bigger than had previously been
thought, and that DEA in Texas had been working separate cases and didn’t
connect them immediately. Special Agent Doe also informed Affiant that there
were separate trucks going to Rita Corporation and to two other area locations, and
that it was estimated that 60,000 pounds of cannabis had been shipped into the
area over a ten month period.

15. Affiant then asked Special Agent Doe if he was still meeting with
Undersheriff Zinke on Friday; Special Agent Doe replied in the affirmative. Affiant
planned to have the meeting between Special Agent Doe and Zinke occur prior to
Zinke’s lunch meeting with Brian Goode.  Affiant suggested 11:00 a.m. on Friday,
July 13, 2012, and the meeting was tentatively set to occur on that date and at that
time.

16. Also on Thursday, July 12, 2012, Undersheriff Zinke called Affiant and asked
what was going on with the Rita Corporation investigation. Affiant then informed
Undersheriff Zinke about the supplemental information Affiant had learned from
Special Agent Doe that day. Affiant informed Undersheriff Zinke about the new
information DEA had assembled, the locations involved, and the quantities of
cannabis that had been shipped into the area. Affiant then told Undersheriff Zinke
that Special Agent Doe would meet with them the following morning Friday, July
13, 2012.

17. Thereafter, Affiant contacted his immediate supervisor, Lt. Popovits, and also
briefed him on the supplemental information that had been received from the DEA.
Affiant notified Lt. Popovits that Affiant had already briefed Undersheriff Zinke
regarding the supplemental information.

18. On or about Friday, July 13, 2012, Undersheriff Zinke contacted Affiant and
inquired whether the meeting with Special Agent Doe was still on for 11:00 a.m. In
response, Affiant attempted to contact Special Agent Doe several times to confirm
that the scheduled. meeting was going forward, but his calls were not returned.

19. Affiant then went outside of the McHenry County Government Center to try
to call Special Agent Doe again, thinking the building may have interfered with
Special Agent Doe’s cell phone reception. While outside in the parking lot, Affiant
witnessed Undersheriff Zinke talking with Brian Goode. Zinke and Brian Goode
then approached Affiant.

20. Undersheriff Zinke introduced Affiant to Brian Goode and then stated: “I
told Brian everything.”

21. Affiant was stunned by Zinke’s admission that Zinke had disclosed
confidential information concerning a DEA investigation to Brian Goode, the owner
of Rita Corporation, the suspect corporation in a federal drug investigation. Affiant
believed that the investigation had been compromised.

22. Undersheriff Zinke then stated “yeah, this sounds like the same thing that
happened ten years ago down in Forne, Texas.” Undersheriff Zinke and Brian
Goode then had a brief discussion about how long ago it had been since that
incident and Goode stated that it was not in Forne, Texas.

23. At the time of the discussion, Brian Goode was holding a folder containing
papers which Goode stated to Affiant was his employee list and trucking routes.
Affiant told Goode to hold onto the information because the DEA may want it.

24. Undersheriff Zinke then told Affiant to inform him when Special Agent Doe
arrived, and Zinke and Goode then went into the Government Center building.

25. Affiant subsequently was able to contact Special Agent Doe, who told Affiant
that he was still getting information and still putting the pieces together. Affiant
then notified Special Agent Doe that Undersheriff Zinke had disclosed the
investigation details to Brian Goode, owner of the Rita Corporation, to which
Special Agent Doe replied “are you fucking kidding me.” Special Agent Doe then
informed Affiant that he would not be meeting with Zinke and told Affiant to
remind Zinke that all information pertaining to the investigation of the Rita
Corporation was to be kept confidential.

26. Affiant then texted Undersheriff Zinke and Lt. Popovits and told them that
Special Agent Doe could not make the meeting.

27. Undersheriff Zinke texted back: “Okay.” Thereafter, as instructed by Special
Agent Doe, Affiant then texted Undersheriff Zinke and reminded him that all
information pertaining to the DEAs investigation of the Rita Corporation was to be
kept confidential.

28. Shortly thereafter1 also on July 13, 2012, Affiant had a face·to·face
conversation with his immediate supervisor, Detective Lt. Popovits, in the
Lieutenant’s office. Affiant reported to Lt. Popovits that Undersheriff Zinke had
disclosed confidential information pertaining to the DEA’s investigation of the Rita
Corporation, to Brian Goode, the owner of the Rita Corporation.

29. The McHenry County Sheriff has promulgated standing General Orders to
every employee of the Sheriffs Office; each employee is required to sign an
acknowledgment that the employee has read and understood the General Orders.
General Order 1.1.13(V)(D)(l). Employees are ordered. to obey all lawful orders of
the Sheriff, including the General Orders. General Order 1.1.13(V)(K)(l).
Employees are also required to abide by the portion of the General Orders
consisting of the “Law Enforcement Code of Ethics.”
General Order 1.1.13(VI)(D)(I).

30. General Order 1.5.00(4)(E)(8)(a)  “Assisting Criminals” provides: “Except as
authorized, employees shall not communicate information which might assist
persons suspected of or charged with criminal acts.”

31. General Order 1.5.00(4)(E)(44)(a) “Investigations” provides: “Members shall
not interfere with investigations being handled by other members of the Sheriff’s
Office or by any other governmental agency, unless 1) ordered to intervene by a
supervisor, or, 2) the intervening member believes beyond a reasonable doubt that a
manifest injustice would result from failure to take immediate action …. “

32. General Order l.l.Ol(IV)(D)(l) “Law Enforcement Code of Ethics” provides:
” … Whatever I see or hear of a confidential nature or that is confided in me in my
official capacity will be kept ever secret unless revelation is necessary in the
performance of my duty.”

33. General Order 1.01,1 (IV)(D)(I) “Law Enforcement Code of Ethics” provides:
“I WILL NEVER … permit personal .feelings … or friendship to influence my
decisions.” With no compromise for crime and relentless prosecution of criminals, I
will enforce the law . .. appropriately without .. . favor .. , and never accepting
gratuities.”

34. Further Affiant sayeth not.

SIGNED AND SWORN TO before me,

Affiant John Koziol

[Signed and sworn Oct. 23, 2012]


Comments

Andy Zinke Facing Special Prosecutor Request, Ten-Month DEA Probe Revealed to Target July 9, 2012 — 23 Comments

  1. Check further boys. See whose son works from Brian Goode, of RITA CORP?

    Hint, he is President of Home State Bank in Crystal Lake….

    The very bank Milliman and I stated money was being run through from Zinke’s campaign and back to RITA CORP..

    Again, who are the fools??

    Lets see, DK blog Got Pyle.

    Ran out Zinke for being a less than honorable man, Called out Nygren for being a Tax Cheat and drug dealer cover,

    John Koziol tried to help me back in 2008 but was told to ignore my calls for help by Eugene Lowery…

    DeKalb wont save you boys now!

    McHenry County I told ya hell was coming…..

    The Flames of Justice are about to burn your corrupt county to hell!

    Oh that’s right, I’m the crazy one…. LOL

  2. I told you Andy was a Clown.

    I think now he is a Jackass.

    How long are we in McHENRY County going to take this from the Sheriffs Department.

    This is the same undersheriff that said Sgt G.P. playing with boys is a domestic issue.

  3. Seipler, Milliman and Bachmann tried to tell us.

    We didn’t listen. No one listened.

    I am ashamed of this county.

    Pedophiles, drug dealers and gangsters are running our Sheriff’s Department.

  4. Please everyone read this part of the affidavit again

    “Rita Corporation was owned by Brian Goode, a McHenry County Sheriffs Merit Commissioner, and that Rita Corporation was a Major financial and political supporter of Sheriff Keith Nygren and of McHenry County Undersheriff Andy Zinke.

    “Affiant also told Special Agent Doe that the address for the Rita Corporation in Crystal Lake was the same address being used by Undersheriff Zinke’s political campaign committee for Zinke’s political campaign for the Office of Sheriff of McHenry County.”

    Now we have validation of what many have suspected and stated for years.

    Nygren and Zinke should resign.

    This information comes from the Federal Drug Enforcement Agency (DEA).

    This agency does not care about local politics or who Brian Goode is.

    They have drugs being sent to Rita Corporation and what does Zinke do?

    He tells the owner Brian Goode.

    There are DEEP ties within the MCSO to Rita Corp.

    Sgt.Koziol is a hero.

    Imagine a man standing by his principles to right a terrible wrong even if it means jeopardizing his career.

    Read what I said in an earlier blog about James Harrison running for Sheriff http://mchenrycountyblog.com/2012/10/10/the-port-edward-gop-fund-raiser/

    I stated that the commanders do not have any protection due to the puppet merit commission.

    I stated “General orders that are always ignored for the chosen few but selectively used against the unfaithful when it pleases their own schemes.

    “Remembering of course that ‘command personnel’ do not have the protection of union representation.

    “They can go to the “Merit Commission” and be heard by Zinke’s political committee (Goode) or just roll over and take the lumps.

    “Maybe you should look at some recent employee transfers, promotions or re-assignments and then ask how the insiders fair. Alas the saying “the beatings will continue until the moral improves.”

    Remove Nygren and Zinke then appoint Jim Harrison as Sheriff to clean up this mess!

    How long must we bear the daily abuses by these two?

  5. Justin, how come when Seipler and his supporters were saying these things 3 years ago you bashed them?

    Did the corruption just all of the sudden pop up out of nowhere.

    As long as Harrison is running around with Cundiff, I know of one Deputy that will do everything in his power to ensure that Harrison is going to be in a compromised position if appointed or elected.

    Now if Cundiff remains out of the picture, that’s a different story.

    Tell your guy Harrison, if Cundiff comes with him, life will be miserable.

    “Be very careful of the wolf in sheep’s clothing. Be even more careful of the wolf in sheepdog’s clothing.”

  6. Kudos to Koziol for doing the right thing.

    Many have felt there was a conflict with a member of the merit commision letting his business be used as campaign head quarters.

    Koziol has always been an honest cop who cared more about doing what was right than hiding his head in the sand.

    Zinke claims this was done out of spite and that Koziol is a disgruntled employee.

    Cop 101 tells you that you need evidence to prove something in court and I can’t imagine Koziol had his attorney file this petition without having something to back it up.

    I’m sure there are a few pairs of boots shaking tonight…..well done John!!!!!

  7. I remember when Andy the clown (Jackass) said our Hero L.B. state’s attorney should resign, well Clown its time for you to go.

    I’m so disgusted.

    And take Nygren and all the politicians that have supported the sheriff and that office. too many to name

  8. APPOINT HARRISON – Justin you are out of your mind.

    This crap is going to flow back to the Gary Pack adminstration and splash all over Harrison’s lucrative, tight friendship with these people.

    Nygren included.

  9. Geez! What a greeting after work to read all of this!!

    ABOUT TIME Let us not forget than Zane Seipler was the FIRST ONE TO HAVE THE GUTS TO CONFRONT THESE PEOPLE.

    The NWH and DH did Nygren’s bidding an bashed him.

    Now what will they have to say.

    Dave Bachman was supposed to be NUTS! HA!

    Milliman was supposed to be unbalanced! Ha!

    Zane was the one to open this can of worms.

  10. I applaud Koziol for standing up to the corruption and doing the right thing.

    This unethical behavior has been going on way too long and transversing through the ranks.

    When good honest Deputies attempt to bring a stop the corruption, they are labeled as being either crazy or disgruntle.

    Some of these Deputies were removed from their assigned duties by the administration in an attempt to be bullied and harassed.

    Soon, there will be justice and hopefully there is a light at the end of the tunnel!

  11. I love when the white hats come riding in and clean up.

    McHenry County should be very proud of those who have taken a stand.

    God Bless all of you for doing the right thing.

  12. Appoint Harrison, hahahaa are you kidding me, take a good look at him and Nygren back a hand full of years ago.

    Look who Harrison has been running around with.

    Please pull your head out of you Butt.

    Hahahaha FYI.

  13. Me, A.C?

    Nope but I can call them friends.

    I feel strongly that regardless what FYI says about Jim Harrison, he served the people well when he was a special counsel to McHenry County and is an expert in employee law.

    FYI lives in the past and keeps throwing Gary Pack’s around like Pack was accused of giving out police secrets.

    As I remember, he never had any allegations of impropriety or dishonor.

    I remember he had some highly qualified Assistant Attorneys in his office.

    Most are successful.

    Many are now judges, legal counsel for large cities or corporations.

    I though the topic was Zinke.

    Deflecting the accusations is Nygren strategy.

    Strange how FYI does not show any level of disgust with the mess Nygren and Zinke have created so I must assume you are one of the lapdogs that defend him regardless how much crap comes out against him.

    Do you think people are now going to want to contribute to someone facing such corrupt allegations?

    Look back over the past couple years at the allegations that was lodged at the administration.

    The boyz use the same tired excuses such as it being the rants of disgruntled employees.

    Well now they’re going to have a hard time making their muddy allegations to stick to Sgt Koziol.

    John Koziol has a strong record of dedication and personal integrity with no political ambitions.

    Is the kitchen getting too hot?

    Yup, the house of cards is falling down.

    The political dynasty that Nygren has created is unraveling.

    Maybe now for the sake of the hundreds of faithful servants at the MCSO, the good name and reputation will someday return.

    Nygren has single handedly taken a respected department where only the Sheriff and Undersheriff were the political animals to one where now patronage reigns.

    Bow to the king or off with your head.

    The two power players in the front office have become so perverted by power that my metaphor may not be far off the mark.

    I think FYI may be one of the henchmen.

  14. Justin, MUCH BETTER PEOPLE TO CHOOSE FROM.

    When ALL the skeletons come out, it will not be pretty.

    Harriison is NOT the good choice.

    Koziel may have done a good thing, so did Milliman.

    However, NO ONE makes Sgt. under Nygren without being one of his boys.

    The heat is on and it is time for CYA!!

    I have shown HUGE level of disgust for both Nygren and ZInke. J

    ustin, you write goobledygook!!

  15. I agree that Nygren has stifiled many qualified people form being promotoed due to his undue control over the merit commision and only selecting via his patronage loyality board.

    Those promoted previous to Nygren have all retired and look what we have now. Those that don’t fall lock step with him are kicked to the side.

    Where is the traffic unit?

    What happened to the narcotics unit?

    How many detectives were reassigned?

    How come did a highly qualified and competent Clerk III get trasfered making an opening which was filled by a PART TIME clerk.

    Part Timer getting elevated to a Clerk III trumping all the long time dedicated clerk II people that if nothing else deserved a shot at the job.

    Why did the radio room get reshuffled for no apparent reason?

    I too I have shown HUGE level of disgust for both Nygren and ZInke but I know a good man and Harrison fits the bill.

  16. Thank you to John Koziol for taking a stand and doing what needed to be done.

    Good for him!

    I’m proud of him for putting his neck out.

    He is a man with morals, a man who stands for the oath he took, an awesome cop!

    Yes, he has opened himself up to some “bullying” from above, no doubt.

    John needs to remember he has a ton of support.

    The MCSO could use more people like John!

    Interesting that nobody can comment on the NW Herald website.

    Let me take a moment to comment on a few things from the paper…

    In the NW Herald Zinke stated, “The complaint against me is not only erroneous and without merit, it also puts DEA officers in jeopardy during their ongoing investigation of narcotic trafficking,”

    Really??

    I think leaking confidential information puts the DEA Officers in jeopardy.

    Nothing like setting up a potential ambush on the Officers!

    It sounds more like a tactic to take the heat off.

    Also from the NW Herald: When contacted Tuesday afternoon, Goode said that the truck in question was not a RITA truck, but he declined to comment further.

    According to its website, RITA provides chemicals for the health and beauty industry.

    I found this statement interesting. How would Goode know if it was a RITA truck or not unless he was aware of the investigation?

    I’m sure the DEA didn’t contact him in regards to the truck or trucks in question.

    And finally from the NW Herald: Nygren questioned why Koziol didn’t notify either his superiors or Nygren about the allegations made in his request for a special prosecutor.

    How could there be a question as to why Koziol didn’t notify his superiors or Nygren?

    Notification was made about the DEA Investigation and look how that ended.

    Who is Koziol suppose to trust?

    It should be obvious why there was no notification to a superior.

  17. So Koziol is accusing a Zinke of not following the orders of a subordinate?

    I don’t care who you are that is funny.

    If Zinke has done something then the DEA will come after him, but Zinke has no obligation to follow direction given to him by a subordinate…especially one whose own testimony shows he was trying to drag politics into the situation from the very start.

    Koziol’s own sworn statement shows he undermined a hire ranked departments member decision and now is throwing a tantrum.

    Oh no…heaven forbid Zinke decides to get a list of all employees and truck routes to provide a potential investigation.

  18. butseriouslynow: seriously serious and caught in a conundrum?

    Sgt.Koziol is working with the DEA on a TASK force and when faced with the information on Rita Corp has a choice.

    Tell his boss and risk the DEA investigation or shut up and risk the Undersheriff charging him with some trumped up charges if or when the Federal shoe falls.

    He choses to play safe and tell HIS boss and HIS boss (allegedly) blew the Fed’s out of the water.

    Now John gets transferred out of his narcotics assignment.

    WHY?

    Fill in the blank, is it because the boss doesn’t want this going any further, or is Koziol SUDDENLY a bad employee?

    Could he a threat to status quo?

    What’s a man with a moral compass to do? Go to Nygren and complain (pause here for raucous laughter) or go around the department altogether and seek other legal remedies? The obvious answer is file the affidavit and do the right thing adhering to the moral compass. Hooray John Koziol.

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