Friday, September 17, 2010

Justice in McHenry County Traffic Court?

Remember Jennifer Wyatt (a/k/a Jennifer Paplham and Jennifer Paplham Wyatt), the friend who went with Beth Bentley to Mt. Vernon on May 20 - a trip from which Beth did not return?

Jenn was ticketed by a McHenry County Sheriff's deputy outside Woodstock in the early morning hours of June 23, just a month after Beth vanished. She blew off her first court date on July 21, resulting in a no-show letter and a new court date that I thought was September 16.

Imagine my surprise when I learned that the case was nolle prossed on September 15. According to online court records, Attorney John Ridgway represented her, and the case was tossed.

Jenn was charged with driving without a valid driver's license. Her California driver's license had expired on November 20. She got lucky in Woodstock on November 28, when she got a seatbelt ticket and the cop either didn't notice that her license had expired or gave her a "pass" (for whatever reason or none). She told the deputy that her last name was Paplham, although the name listed on two Woodstock traffic tickets was shown as Paplham Wyatt; that must be the name on the driver's license; right?

How does it happen that a driver blows off a court date and then, when a lawyer shows up at the next court date, the State's Attorney's office lets the driver go on the plea date? I thought the only options on the plea date were Guilty or Not Guilty.

Did the deputy get consulted before the ticket was dropped? Or was that action a foregone conclusion because the deputy failed to write a ticket for the primary reason for the traffic stop out on U.S. 14 in the middle of the night? Where was the probable cause in this case?

It must be nice to have the clout in court to get a nolle pross on the plea date, without even going to trial. Everybody in McHenry County should know about that option!

11 comments:

Notawannabee said...

Nolle Pros does not prevent the state from reinstating the charge at a future time. Misdemeanors can be charged up to 18 month after the offense. This gives time to investigate further.

I think we have hashed this a time or two. AS IN, the Pavlin’s having the case DISMISSED rather than the SAO simply Nolle Pros the charge. Maybe John Ridgeway doesn't have the clout you infer.

Gus said...

I suspect the State will have no further interest in this matter, if the case went away on the Plea Date.

Since you brought up the Pavlins, that case was dismissed WITH prejudice against the sheriff's dept. The Assistant State's Attorney went further and explained to Mr. and Mrs. Pavlin in front of the judge that "dismissed With Prejudice" meant the State had no further interest in prosecuting them.

Obviously, the judge and Mark Gummerson knew what "dismissed With Prejudice" meant. The ASA did this for the Pavlins' benefit and to emphasis the importance of the State's decision.

Notawannabee said...

NO you have that wrong Gus. They did it not to benefit the Pavlin's, but to attempt to discredit the MCSO. There was NO benefit to the STATE. Justice was not served. Even a second rate lawyer knows this was political.

You just don't get it. If Bianchi really wanted to know the facts as he has said, there would have been a Nolle Pros. Wait for the ISP to investigate and then decide. What was the hurry?

You want to defend these people regardless of whether they were right or wrong. They just are just pawns in this political gamesmanship

Gus said...

I met the Pavlins face-to-face several times, was in their home and was in the courtroom. The SAO didn't nolle pross because they figured out that the case against the Pavlins was no good. THAT is why it was dismissed With Prejudice.

Unknown said...

Gus if you have been doing your homework then you know why the last name Wyatt is used. And you would also know the other things that happened after Beth's car was towed in and yes it is Beth's car. They told Miss Pavlin's she could have it whenever her best friend picked it up and released it to her. Including what they found. Including the other things that they found in this car while it was in police custody. Your falling behind Gus I expected better of you than that. At least to figure out why in the world she is using a different last name...but she maybe singing Californa here I come pretty soon. But if she does lets hope her legal problems stop there are maybe their will be more complex issues...

QT said...

Sheryll
Maybe you should reread the article. You are clearly confused and jumping to conclusions. I personally know how capable you are of that. You misread a comment I had written on FB and attempted to call me out and belittle me because YOU did not read the 1 sentence comment correctly. Now let me explain. The Pavlins are in no way affiliated with jenn Wyatt palpham. (unless I have missed something) Gus, thank you for keeping all the Beth Bentley info updated and out for people to see. Maybe you can explain to sheryll the intent of this article.

Sheryll- If you are not Sheryll Ginger then the beginning of my post is NOT directed at you.

Gus said...

Sheryll added an important part of the story, if it is true that Beth's car was towed on the early morning after Jenn was stopped by a deputy on U.S. 14. That hadn't reached the public yet. So, thanks, Sheryll.

Generally speaking, a deputy records the name as shown on the driver's license. This happened on the two Woodstock tickets issued before June 23. Why did the deputy record Paplham as the last name, and not Wyatt?

Still working on why the ticket was nolle prossed.

Gus said...

So, now there are more questions.

Was Beth's car, which Jenn was driving when she got the ticket on June 23 after 1:00AM, towed?
Was the deputy suspicious of a woman driving in the middle of the night, with an expired California driver's license, who was driving a car owned by a woman who had been missing for a month?
Why was the ticket issued to Paplham and not Wyatt? What name was on the expired license presented to the deputy?
Did the deputy call the missing woman's husband?
Did Scott vouch for Jenn?
Was the Volvo towed?
Or did he go to get the car? Who went with him, since it takes two people to drive two cars?
If the car was towed and the contents inventoried, who was allowed to bail out the car, since the owner was missing?
Does a husband have a legal right to collect a missing wife's car, if the car is in her name only?
And what is on the inventory sheet for the car?
Did the SAO examine the towing and inventory sheets before nolle prossing the charge?

kennywilly66 said...

I don't believe you know the entire truth of what happened that evening.

iwannaknow said...

I came to see if Sheryll could be bothered to answer any of the questions. Of course not.

I, and others, commend you for posting her passive agressive, riddle (post), since you are blocked from the BBM1 page.

Coming to your blog and being insulting to you, as well as baiting your readers with hints of evidence in jenns car, and her fleeing to california... usual behavior. Misinformation, pieces of information. Does she hear her info from Angela, who is told by LE? Or does it come out of thin air?

sheryll, if you are able to come here and bait people.. are you able to tell the truth.. anywhere? For someone who claims Jenn gives half answers, avoids questions, and misinforms.. wow.
You do exactly what you accuse her of doing. Please explain your post and answer these questions. Thank you

Gus said...

Here are some answers to some of the questions I asked earlier.

Beth's car, which Jenn was driving, was towed, after Jenn drove off the road to avoid hitting a deer on U.S. 14. As I understand it, there was no damage to the car and no injury to her. This may explain why no underlying ticket was issued.
Because there was no damage, Jenn got a ride home and planned to return for the car during the day. A deputy stopped when he saw the car off the road. Woodstock Police went to Jenn's house and drove her back to the scene.
She gave her license to the deputy, who said he would mail the ticket to her. Her name was entered by the deputy from the information on the expired California license.
The car was towed and the contents were inventoried, but Jennifer was not given a copy of the inventory form. What was found in the car? A piece of her son's broken cell phone.
The expired driver's license ticket was nolle prossed because her attorney told the judge that Jennifer had since obtained an Illinois driver's license.
Lucky break for her with the judge's decision. Most drivers who get caught with an expired D/L but show up with a valid license, get convicted and assessed a small fine, plus huge court costs.