Wednesday, July 15, 2009

Invasion of Privacy

A frequent excuse (reason) used for denying FOIA Requests is an "unwarranted invasion of privacy." In fact, the McHenry County Sheriff's Dept. tried that one on me about a week ago. The section is 5 ILCS 140/7(1)(c)(vi) Information that, if disclosed would constitute an invasion of privacy unless consented to in writing by the individual subjects of the information."

How did the Sheriff's Department happen to overlook that exemption, when they so quickly released the reports of Deputies Bruketta, Chris Jones, Vogel, Lambert and Mandernack? Sgt. Pyle is mentioned in several reports. Where is Sgt. Pyle's report? Deputy Jones mentioned that Capt. Shepherd arrived on the scene. Where is his report?

What time did Mrs. Pavlin dial 9-1-1? How long was each of them there? Doesn't anyone else wonder to what extent the presence of so many deputies - in the house after the son was out of the house - escalated this incident?

Here's more food for thought. This incident happened on March 14. Notice the date that is rubber-stamped on each of the five reports: APR 03 2008. This is almost THREE (3) weeks after the incident that these reports were received in Records. What is the world took three weeks???

Did the Sheriff's Department stop to consider what impact or effect the release of an address and telephone number might have on these senior citizens, whose charges had just been dropped by the State's Attorney WITH PREJUDICE.

For those who might wonder what WITH PREJUDICE means, it means that the charges cannot and will not be filed again against Mr. and Mrs. Pavlin.

Reading between the lines, it means that there were huge problems with the case. Huge problems with the way the charges came about. It meant not only that the State wasn't going to be able to prove its case, but it might look really foolish by trying to do so.

It takes solid footing and nerves of steel to stand up in front of a judge and, in effect, say that the case doesn't hold water. Not only doesn't hold water, there isn't even any bottom in the bucket.

And, after all that, the Northwest Herald decided to publish the deputies' reports.

A detailed analysis of the reports will appear soon.

I'd say that Mr. and Mrs. Pavlins might just have been handed the keys to the money vault at the Northwest Herald.

4 comments:

Karen30036 said...

I was wondering why the NW Herald published those reports. What was the point of that, except to cast the Pavlins in a bad light.
I hope this case goes before a judge or jury.
Most people are sick and tired of seeing elected officials and other people in "power" getting away with corruption and abuse of power, while the people that they are supposed to be serving are treated the way a baby treats a diaper.
I hope the entire truth of this matter comes out.

Zane said...

The only way this will be in front of a judge and a jury is if the deputies are charged with a crime or crimes. Except of course for the civil case but I'm sure the county will want to settle on that one.

Karen30036 said...

Let's hope if they do settle, the NW Herald will do full coverage on that. ;)

GeneL said...

The sheriff will never settle ,his ego is way too big. And if the Pavlin's win millions of dollars after all appeals are exhausted,the NWH will still claim victory for Nygren. The sheriff election is coming,vote him out and save our tax dollars from all his civil suits.