NWH Redeems Itself

The Northwest Herald redeemed itself on the Island Lake drama this morning, when it carried a headline on the editorial page (Page 6A) that read, "Charges are unwarranted."

Not that the officials in Island Lake are likely to heed the advice of a newspaper, but who knows?

The only real issue for the editorial was the Greg Kachka drama, although they took a few good shots at other Island Lake matters. Read below for the full story. Why are the charges unwarranted? Because Greg did NOT violate any law. That one of the Village Trustees and the Village Clerk decided later that they were "alarmed and disturbed" is one thing. Just when did they become alarmed? Disturbed? That night? Not likely, since they apparently sat there through the rest of the meeting without breaking down in tears or the shakes. So, if not then and there, just when and where?

Just what is the date of their formal complaint to the Island Lake Police Department. Time for a FOIA Request, I'd guess.

A critical element to a Disorderly Conduct charge is commission of some act that breaches the peace. In what manner did Greg breach the peace? He could not have since, so far as I know and in the absence of any other reporting by the media, the Mayor and no Trustee summoned the Island Lake Police to the meeting to demand Greg's arrest on the spot.

At the very least, they are costing Greg some sleep, some money and some peace of mind. Perhaps he should file charges against them. And maybe he will. It certainly seems to me that they have "alarmed and disturbed" him, and his peace has certainly been breached by their having him arrested and carted off in handcuffs.

You know? When you haven't done anything wrong, then you don't go down to the police station and turn yourself in. Greg was right to make them come and get him. Sending three cops and two cars to arrest one peaceful, 60-year-old, disabled veteran kind of reminded me of Alice's Restaurant and the biggest crime of the last 50 years.

The best thing the Village could do is ask its attorney for a legal opinion as to whether charges should be pursued. Because a critical element in the ordinance was not met, the charge will not hold water, not even in Island Lake. He'll read the charge to them and point out that the peace was not breached; therefore, no case!

It is not unknown for a community's attorney to drop a charge, after the accused has been cited, if they realize they were wrong. Crystal Lake's attorney stepped up to the plate on a Code violation and agreed that an accused was merely asserting his First Amendment rights to free speech. Read elsewhere in The Woodstock Advocate about Viking Dodge and Wayne Beto.

Island Lake owes Greg Kachka a formal apology, in addition to the dropping of the charge. Because a Trustee filed the charge for something that allegedly happened in an official meeting - something no other Trustee complained about, this makes it Village business and opens the Village of Island Lake to substantial financial risk.

Was it false arrest? Could be. If a person knowingly files a complaint against another and has no real basis for it, then that person has committed a crime and is subject to prosection. Because the person, in this case, is a Village Trustee, the Village will end up on the hook. It will get stuck for costs of defense AND for the financial award payable, if they are sued successfully.

Wouldn't dropping the charge and apologizing be the right way out?

© 2008 GUS PHILPOTT