From the December 30th Northwest Herald:
"State's Attorney [Louis] Bianchi is not personally interested in this matter and a special prosecutor should not be appointed," (Assistant State's Attorney Don) Leist said. "Should there be charges against Nygren from a police agency, Bianchi's office could objectively prosecute Nygren."
"A main argument made by Horowitz for the appointment of a special prosecutor has been that there is a conflict of interest between Bianchi's office and the sheriff, who is the State's Attorney's Office's client in other cases."
How could the State's Attorney (SAO) prosecute Nygren? The SAO represents the Sheriff's Department; thus, it prosecutes persons charged by the sheriff's department and defends the sheriff (and the Department) against charges and lawsuits. Yet, in so many cases, it is the law office of James Sotos that defends the Sheriff's Department and Nygren and represents the Sheriff in other cases.
A lawyer (or a law firm) can't wear both hats. And isn't the law pretty clear that the SAO is the Sheriff's legal counsel?
So how could it prosecute him?
This seems cut and dried to me, which means it should be in court for only 4-5 years before a decision is reached.