Saturday, August 22, 2009

Injustice of the Gauger Verdict

Where is the editorial outcry of the county's only daily newspaper over the verdict in the Gauger lawsuit against the McHenry County Sheriff's Department?

What went wrong in the trial? Anything?

While the plaintiff had an incredibly high burden to meet, is there a question - really - in anyone's mind that Gary Gauger was treated unfairly by the investigators? There certainly is none in my mind.

Was the request/demand for $20,000,000 too high? Did the jury that was empaneled not have the ability to grasp the damage done to a person so accused? Would they have decided in Gary's favor, had the money demand been lower?

Doesn't any in the county, except for those posting on the Northwest Herald website, care about the time and life energy stolen from Gary Gauger?

If you haven't read In Spite of the System, pick up a copy today from Read Between the Lynes or order it on www.garygauger.com Read it; highlight it; write down the circumstances that you find objectionable.

Then get active in our County to make certain that those circumstances (interrogation techniques) are never repeated! The verdict in last week's trial is no way condones or excuses the actions of the then-detectives for their lies and misdirections to get a so-called "confession".

And, while you are at it, review your Miranda Rights. Search online for them. Print them out. Above all, remember the first right: "You have the right to remain silent."

And the second: "Anything you say can and will be used against you in a court of law."

Then re-read the first right. And remember it!

18 comments:

Frank said...

I am not speaking about the Gauger case so don't take this out of context.

But Gus, you are running for Sheriff right? You sure sound pro-criminal in the last paragraph of this article. I'm sure if the Deputy's follow your "interview" techniques no confessions will be made and no criminals will be charged. So let me get this straight, you want the police simply to ask "Did you do it" and leave it at that? Oh and when they don't answer because they are following your advise the criminal will walk free. You sure sound like Top Cop matrial to me!!! You sure got my vote.

Sincerely,

Any local dirtbag

Witness said...

It's all about the arrest Gus. I don't believe Lowery was malicious in the way he conducted the Gauger investigation. He was just being Lowery, incompetent. Lowery and all the supervisors at the department push ARRESTS. It doesn't matter if it's a good arrest. They don't care if there is evidence. They don't care if the wrong person gets locked up. It's about arrests.
I read that Lowery said he got his honor back. He never had any honor. He gave up his honor the day he decided it was more important to get an arrest than it was to do the right thing. That happened long before Gauger.
As Undersheriff, Lowery molds the next generation of deputies into exactly the kind of officer he is. Ask anyone in the department, it's about arrests. If you don't have a suspect, find one. If you have one, arrest him. If he didn't do it, oh well, I was just doing my job. Lowery hasn't changed, he has no honor, and wrongful arrest are common place at the Sheriff's Department. Look at the Pavlins. Lowery's boys did that.

Gus said...

There must be interview techniques that are taught that do not violate the rights of a suspect. So, would you be in favor of waterboarding, since the former administration in Washington didn't think it was torture?

Gary was a suspect long before they informed me he was, don't you think? Do you think at that point they Mirandized him?

I'll have to re-read his book to remember at what time he first asked for a lawyer.

Notawannabee said...
This comment has been removed by a blog administrator.
Witness said...

Notawannbee,
I have questions for you, do you believe that Jones and Bruketta, Stevens, Manderknack are that much better at police work than everyone else? Do you know Lt. Miller's history? Do you know Penna's history? Do you know Wagner's history? Do you know Cundiff's history? Do you think that making a lot of arrest allows you to break all kinds of rules and not have to suffer consequences? Before you answer with another tirade, go talk to your bosses about how you are violating general orders commenting on Gus' website. Then think it through, when you respond I am going to put out 20 years of dirt. Everything I have WITNESSED.
Notawannabee, let's do this!

Notawannabee said...

At least Witness says Lowery was not malicious, but then turns around and bashes the MCSO supervisors with allegations that are just untrue. Most deputies were not here went Guager was arrested anyway.

Do the supervisors encourage deputies to do their jobs, yes. Do they want a thorough investigation and arrest if appropriate, yes. I’ve never heard anyone order any bogus arrest with out evidence. I’ve never been told to make an unrighteous arrest nor would I. My name goes on the complaint, not the supervisor. Knowingly making a bogus arrest is Official Misconduct and and nobody wants to get arrested for a felony and give up their career.

"Witness" apparently falls into the category of a disgruntled deputy that has this "MAKE ME WORK" ideology. Probably a guy that looks at the seniority list every day and thinks he is owed something for being there longer than everyone else regardless if he does work or not. He is quick to sign up "BY SENIORITY" for some easy extra duty detail at overtime pay and bumps some lower paid new deputy that actually does work. The ONLY thing he has is his seniority and he'll make sure to tell everyone about it, as if it means anything other than for picking shifts/vacations.

He's the guy that does a report that is about three short paragraphs long and his goal when he arrives at a citizen complaint is to get done as quickly as possible, so he can screw off again. He'll dog it so someone else beats him to a call and lets someone else take the paper on it or is ALWAYS out of position to take a call, but seems to always be at the pumps before (10-42) quitting time.

Arrests without evidence? Nearly all deputies I work with do a good job, complete informative reports, make thorough follow-ups and YES make arrests. They want to do a good job and that makes WITNESS look bad. He’d rather everyone else adopt his bad attitude and work like a slug and blame the commanders. YES the deputies that work hard get noticed and that bothers the SLUGS. They just want to collect a check and get as much time off as possible.

Some of the slug deputies write so few tickets each month they must be hiding somewhere and avoiding work. Each deputy has a radar, a laptop ( in-squad computer). Beside finding normal speeding tickets they can check DL's and license plates for expiration or other violations. Helen Keller could find at least one SOLID violation a day, but guys like WITNESS continually fail to find ANYTHING after an 8 hour shift. The have no shame.

Molding new deputies into mini-Lowery's? Lowery is the #2 guy and is not a even a street level supervisor. Sgt's,Lt's and then ultimately the Captain are responsible for the activity or lack thereof. If deputies are slacking off then the supervisors try and correct it.

In spite of guys like WITNESS, 99% work hard and make up for the malcontents like Witness.

Notawannabee said...

Yes I know their "history". The three deputies you name , like many others, they are hard workers and want to be known as hard workers. As far as command personnel, yes I know their "history". What occurred in the past is history and rehashing someone’s mistakes does nothing more than keep old wounds open. Like you, I have a blog name that gives me some anonymity, but unlike you I do not make scurrilous remarks about people at the MCSO. I frown on listing names. I have nothing but positive things to say. I have tried to counter the vitriolic negative comments which are based upon rumors and biased hate speech toward people that are simply trying to do a good job. I still contend the people at the MCSO have the public’s best interests at heart. Making nasty remarks about Lowery just reflects back on the author. You metion "Honor". Hello Kettle,(you have no honor) says the Pot.

Witness said...

So Notawannabee speaks and confirms the history of some of MCSD finest as being "mistakes". Yet these same officers were given breaks and allowed to continue their careers. Yet if a citizen commits battery he/she gets arrested. If a citizen drives drunk, he/she gets arrested. If a citizen commits domestic battery he/she gets arrested. If a citizen leads police on a chase while throwing things out window he/she gets arrested. If a citizen steals money from their employer he/she gets arrested. If a citizen flees the scene of an accident he/she gets arrested. If a citizen conspires to steal 5000 pages of law enforcement documentation and then transports those documents to a political campaign he/she gets arrested. (These are just the examples off the top of my head.) Who's the kettle and which pot is black? I left out the names, keep pushing me! Sticks and stones may break my bones but the names may really hurt you.

Karen12359 said...

If a citizen lies and gets caught they get arrested.

The Madd Bulldog said...

Gauger was looking for a paycheck... period. Granted, he's probably no "mental giant" (unlike myself), but none-the-less, the answers he gave during his interogation led officials to look quite a bit harder at him versus others. AND, another jury found him guilty!
Wait...its coming back to me... I have no recollection of this but maybe this morning I stole a Lamborghini, robbed a bank, consumed a bunch of dope and liquor, sped 120mph in a school zone passing a stopped school bus on the left and running down 12 students.... Sheriff Gus pulls me over and I go out in a blaze of plastic bullet gunfire. Wait--- I'm waking up from my dream... it was a Ferrari not a Lambor! DOH!!!

whatmeworry? said...

Who was looking for the paycheck? Remember what Will Rogers said about Lawyers?

QuitWhiningAlready said...

Witness, come on. 20 years of dirt? Let's discuss what you've witnessed...

So, you were personally THERE to witness the battery? How about the DUI? The pursuit? The theft? The fleeing of an accident scene? And so on and so on? And I take it you were also there for the internal investigations as well as the disciplinary actions? Could you please define "witness" for me? Last time I checked it was a first-hand sort of thing.

I'd be willing to lay odds that you "know" what you've heard in terms of 20 years of scuttlebutt at the SO.

And as far as Notawannabe confirming "mistakes", you are way out of turn. People do make mistakes, even the SO's finest. And again, unless you were there personally FIRST-HAND to "witness" the internals from start to finish, you best shut your pie-hole about people being given breaks. Disciplinary actions WERE handed down to the extent allowable (it's called progressive discipline) and it really boils down to what you can and cannot prove. Not to mention, disciplinary actions roll off a personnel record after so much time.

And by the way, Madd Bulldog, you crack me up!!

GeneL said...

QWA, do you have to witness everything before you believe it? I didn't witness World War II ,but I'm pretty sure it happened. Do you have any proof that the events mentioned didn't happen. I'm sure people could post dates, times, names, places,etc. for you if you would like more detailed info. And how do you know these people were punished to the full extent possible. They were punished based on dept. politics. Nygren can fire anybody he wants because the merit commision will do whatever he says. These "mistakes" do not "roll" off your personnel file .
Notawannabee, you need to take the "nota" off your name , you are definetly a wannabee. Lowery was not malicious, just a moron.A double murder confession with no proof. Brilliant. What "untrue" allegations by your supervisors are you talking about. Do you need details also. Don't bash the guys with seniority, they were doing this job when you were still wetting your pants. Maybe they find themselves a little bored with writing tickets all day. Unlike you ,who thinks tickets are everything. As far a deputy wanting to go home at the end of the day, maybe they have a wife or kids they would like to see. They're not going home to an empty apartment and their hand like you. Put 25 years in punk and see how perky you are to go make your quota for Keith and Gene. You'll be one of those guys that doesn't want to retire because you have no life outside the dept. .The "slugs" don't seem to get sued by citizens as often as you "wannabees". Were you picked on in school.

QuitWhiningAlready said...

Wow, GeneL. Harsh.

I'm not saying these events didn't necessarily happen. What I AM saying is that you can't believe everything you hear and "witness" is leading readers to believe that he was there, which I highly doubt. Internal investigations are kept quiet for a reason, and it is an important reason. The Internal Affairs Division does their own investigations, reports findings and makes disciplinary recommendations based on what can and cannot be proved, do they not? The investigation while ongoing is classified. The recommendations are classified. The actual hand-down is classified. In other words, if you're not involved, as a peer it is none of your business, you will not be privy to the facts or findings and clearly you and the others who get all spun up in the rumor mill will draw your own conclusions and then regurgitate it as the alternate reality, thus fueling the fire. Do you really not see how this is skewed and biased? Do you really not see how your perception may be incorrect?

Punished to the full extent possible??? Is that what this is about? Making sure they received the maximum punishment? Why? If you are who I think you are, grow up and accept responsibility for your own actions.

I do apologize, but this whole thing is absurd. Based solely on partial and possibly false information, and because YOU feel something was not handled appropriately (i.e. punished to the maximum extent), it must be that Nygren has everyone in his back pocket. How about you let each division do its respective job and move on.

GeneL said...

These SO "incidents" are not kept confidential, people like to talk. The offenders talk, the witnesses talk, the supervisors talk, the internal investigators talk, the union reps talk, and sometimes the incidents involve police reports and a local newspaper story. Merit commision hearings are also open to the public. These incidents and their details are common knowledge among the deputies. As far as extent of punishment ,I think the punishment should fit the offense. A minor offense should have a minor punishment and a serious offense should have a stronger punishment. The discipline for two deputies violating the same rule should not mean one gets a verbal warning and the other gets fired. These incidents should be reviewed by an independent civilian panel and not swept under the rug by the administration when it's one of their boys.

WItness said...

Is "rumor mill" a common term? I have heard that term before. Only in one place and only by certain people. Kinda like Shakespeare, you never forget the first time you heard it. This conversation has gotten stupid, I just like getting certain individuals hyped up. It get's the "rumor mill" spinning. I bet Gus has been getting a lot of info since Deputy "High Speed" aka "Notawannabee" called the senior deputies "slugs".

QuitWhiningAlready said...

GeneL, exactly. You pull a tidbit from here, a tidbit from there and never get the whole story.

And yes, Witness, "rumor mill" is a common term.

Cedric said...

I know Gary. He was not looking for a paycheck. How would you like to be woken up by cops, informed of the brutal murder of your parents' death and then interrogated for 18 hours...after which they didn't even obtain a real confession.

THESE COPS SHOULD BE IN PRISON FOR PERJURY.

Instead of compensating Gary for some of the years of his life they took away and the permanent PSTD he has, they spent 2 million dollars to defend their sheriffs who PERJURED THEMSELVES ON THE STAND.

I don't know what's with McHenry County, but when someone is exonerated, they know who the real killers are, and it's obvious cops lied to kill someone, THEY SHOULD NOT ONLY BE OFF THE FORCE, THEY SHOULD BE IN JAIL.

PUTTING THE POLICE ABOVE THE LAW ALLOWS FOR A PERPETUATION OF INJUSTICE, AND I BET YOU'D FEEL DIFFERENTLY, ASSHOLE, IF YOU WERE THE VICTIM OF IT.

ALSO, HE'S WAY MORE INTELLIGENT THAN YOU, YOU PRICK. HE SPEAKS AT HARVARD AND OTHER LAW SCHOOLS ABOUT THE DEATH PENALTY. COPS LIED AND THE JUDGE ROLLED HIS EYES AT GARY'S TESTIMONY AND THEN TURNED HIS BACK ON HIM. INNOCENT PEOPLE ARE NOT EXECUTED BECAUSE OF THEIR STUPIDITY, YOU ASS.

THEY WERE ALL INCOMPETENT AND THEY SENT AN INNOCENT MAN TO DEATH ROW. (IN JOHN WAYNE GACEY'S CELL).

AND NOTWANTABEE, YOU DON'T KNOW ANYTHING ABOUT WHAT YOU'RE TALKING ABOUT. IN ADDITION TO TESTIFYING BASED ON A CONFESSION THAT WASN'T WRITTEN DOWN LET ALONE SIGNED, THEY STATED (FALSELY) THAT HE FAILED A PARAGRAPH, AND GOT A JAIL HOUSE SNITCH TO SAY HE DID.

ALSO, AMAZINGLY WHEN THE FEDS OVERHEARD THE OUTLAWS BRAGGING ABOUT THE MURDERS, ONE SHERIFF REDICOVERED HIS NOTES WITH GARY.

PERJURING YOURSELF ON THE STAND TO KILL AN INNOCENT MAN IS MALICIOUS! THEY SHOULD BE IN JAIL, AND GARY SHOULD HAVE RECEIVED THEIR PENSIONS AND PAST SALARIES. NOW ALL HE HAS IS PSTD. SO I HOPE YOU'RE PROUD OF YOURSELF FOR DENIGRATING SOMEONE YOU DON'T KNOW BASED ON FACTS YOU DON'T KNOW. I WOULD LOVE TO TRY TO BEAT THIS THROUGH YOUR THICK SKULL.