Terry Ekl Continues His Questioning of Special Prosecutor Thomas McQueen

Cross examination of McHenry County Special Prosecutor Thomas McQueen started after a lunch break on December 20, 2013, at his trial for indirect contempt of court.  (Sorry for the long delay in getting this written and up.  Find Part 1 here.  Part 2 is here. Since the decision comes town this afternoon, it is unlikely I’ll get to the rest of the courtroom action.)

The focus of prosecuting attorney Terry Ekl in his questioning of McQueen moved to the virus found on McHenry County State’s Attorney assistant Joyce Synek’s office computer.

The evidence not turned over was an email from Regan Shepley, an attorney who had been hired to represent people involved in IT questions in the criminal case against Bianchi.

Lou Bianchi attorney Terry Ekl addresses press conference as Bianchi and his wife Jean stand by his side.

Lou Bianchi attorney Terry Ekl addresses press conference as Bianchi and his wife Jean stand by his side.

“You knew when you got this memo that there was an issue concerning viruses on computers in the State’s Attorney’s Office,” Ekl said.

“When did you first talked to [ Quest Consultant computer expert Dan] Jerger about the possibility of a virus on Joyce Snyek’s computer?”

McQueen:

“I don’t recall.”

“That’s an outright lie, isn’t it, Mr. McQueen?” Ekl continued.

“The accusation is that after she returned from her vacation she deleted files from her computer,” McQueen replied.  “The last access date was June 24.”

“You never put in any evidence of the date of subpoena that Joyce Synek [and erasing of files].  You knew that viruses on a computer could cause damage to a computer.

“Never disclosed that, did you?”

McQueen:

Thomas McQueen.  Photo Credit:  First Electric Newspaper.

Thomas McQueen. Photo Credit: First Electric Newspaper.

“I didn’t know [about] the viruses until after I received your motion.

“I have not recollection of him [Jerger] telling me that, of knowing about a virus on that computer until I read Mr. [Quest President Robert} Scigalski’s report.”

Asked when he found out about the virus on other Bianchi office computers, McQueen  replied, “I don’t recall that we obtained any documents that she hadn’t already [provided].”

Judge Joseph McGraw had a question at this point:

“What significance, if any did, Mr. Je3rger [ascribe] to that?”

“{Nothing] about the integrity of the computer,” McQueen answered.

McGraw further asked about destroying documents, to which McQueen replied,

“He did not tell me.”

Ekl then moved onto the exhibit concerning Assistant State’s Attorney Demetri Tsilimigras.

McQueen said he saw the document in question after August 18, 2010.

“It was produced to Mr. McCleary in the first case, but not to myself in the second case.”

McQueen:

“True.”

“The first couple of pages [were about] comp time working in parades?”

“Correct.”

“You never turned it over to the defense in the first case.”

“That’s true,” McQueen agreed.

Judge Joseph McGraw

Judge Joseph McGraw

The question of Chief Special Prosecutor having withdrawn from the case was brought up, but Judge McGraw pointed out, “Tonigan was not allowed to withdraw. [He was put on] inactive status.”

Ekl pressed on about a discovery delivery complaint giving the date May 22, 2010, as when all of the interviews should have been produced.

“We were talking about handwritten notes,” McQueen stressed.

Ekl pointed out that he knew that all of the notes had not been handed over at that time.

“I do because I’ve now seen memorandums [I’d not seen before],” McQueen replied.

Then, McQueen made a further distinction between “handwritten notes” and the emailed notes upon which Ekl focused:

“Emails, not memorandums.  I wasn’t contemplating that there might be something in the emails.”

Ekl probed whether McQueen got information directly from Quest investigators.

“The only people from Quest with whom I directly spoke were Scigalski abd Jerger,” McQueen said.

A specific email with an attachment which was sent to McQueen, McQueen testified did not come through.

“Anything prevent you from calling [about it]?” Ekl asked.

McQueen said he never got the notes in question.

“Despite the fact you were the only prosecutor on the case?” Ekl asked.

“I never received the notes.  I never saw them until I read your petition.”

[The emails would obtained by Ekl in discover on Lou Bianchi’s Federal case against Tonigan and McQueen.  Tonigan has settled his part of the case.]

Sue Serdar

Sue Serdar

Onto a missing memo about the role of the Pro-Life Victory PAC and an interview with its then-Chairman Sue Serdar.  It said the political action committee’s decision to contribute to Bianchi’s campaign was because he was pro-life and not for any other reason.

“You didn’t turn that over, did you?” Ekl asked.

The memo stated that there was no quid pro quo [this for that, my two years of Latin tells me] arrangement.

“You told Judge McGraw, based on Sue Serdar, there was not a quid pro quo on June 1st.

“The email [turned over] is consistent with the report,” McQueen said.

“You were ordered to produce all documents with regard to Serdar,” Ekl continued.

“You chose not to.”

“I forgot about it seven months later.”

“So you knew [it] was an issue for this Court and you chose not to look at your email account?”

“I looked at the reports.”

“Do you have a fancy search function?” Ekl continued.

“I’m not sure.  I’ve relatively computer illiterate,” McQueen answered.

Ekl moved to a new topic.

“Remember the [Patrick] Hanretty testimony?”

Ekl asked another question that I didn’t get written down, but it had to do with… (and that’s where my story ends).

 


Comments

Terry Ekl Continues His Questioning of Special Prosecutor Thomas McQueen — 1 Comment

  1. The question really comes down to: Is Thomas McQueen remarkably incompetent and stupid?

    OR Was he diabolically involved in a plot with Nygren and Gummerson to discredit Bianchi and willing to destroy the lives of dozens of other people at the taxpayers expense?

    The latter seems plausible with the evidence presented but I think McQueen is just plain stupid.

    That would explain Tonigan’s early admittance of going through with this sham indictment and cutting his losses while McQueen inextricably kept going.

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