Sunday, January 23, 2011

Federal case against MCSD heats up

New Motions were filed last week in Rockford in the case of Seipler v. Cundiff, et al.* These motions were for sanctions against the defendants and ask the Court for and their counsel for a variety of causes, including repeated delays in depositions, failing to tender data related to more than 5,000 traffic stops, providing false data to the Plaintiff and refusing to reproduce the Defendants for further depositions.

Seipler is also asking the Court to order payment of certain attorneys’ expenses that have been incurred because of false data provided by the Defendants.

Seipler also informs the Court that Defendants have released data bound by Protective Order, which was not to be released to non-parties to the court action; ex., the confidential deposition of Deputy Scott Milliman. (The Northwest Herald obtained a copy.)

Seipler, through his attorney, also asks the Court to require the McHenry County Sheriff’s Department to produce photographs of numerous individuals who were issued tickets in 2007 and 2008 by Deputies Jeremy Bruketta, Christopher Jones and Michelle Stevens.

The Court is also informed that 51 officers (sic) (meaning deputies) “are now being investigated for racial profiling.”

Attachment A lists tickets issued to people who are most likely Hispanics but who were recorded as being White.
In 2007, Deputy Bruketta – 60
In 2007, Deputy Matthew Matusek - 35
In 2008, Deputy Erin Falb - 77
In 2008, Deputy Bruketta - 241

* The Defendants in this case are Capt. Anton Cundiff, Lt. John Miller #1431, Lt. William Lutz, Sgt. Popovitz, Kathleen Seith (Equal Employment Opportunity officer), Keith Nygren, as Sheriff and individually, and the County of McHenry.

16 comments:

But Seriously said...

Let's face it Seipler throwing out accusations is hardly news. Most of the garbage he has thrown at his former co-workers has all the integrity of his signing of a document falsely accusing a passenger of speeding.

Gus said...

But Seriously, it certainly IS news,

1. when a confidential deposition is leaked to the press; and

2. when 51 deputies are notified of an investigation into racial profiling, AFTER the sheriff said he had made an investigation and found no evidence of it; and

3. when a Defendant provides erroneous or incomplete information in a lawsuit.

Why don't you explain your relationship to Nygren and MCSD, so that your comments can be better understood in the proper light?

Anonymous said...

From what I hear Falb was hired by the FBI last year.

But Seriously said...

No connection Gus, just an active local commenter that has developed an interest in the case. My opinion on Seipler centers around the documents he signed in the traffic stops he was fired over.

I have teenage daughters. If an officer directed them to move from the passenger seat to the drivers seat I fear they would follow his direction and end up falsely accused as the victim in the seipler case.

The thing that has long bothered me is the documents he signed. I disagree with him choosing to let a driver without a license go without even a written warning, but simply strongly disagree with that decision wh8ile recognizing his right to make it. However, the fact he in turn documented that the girl who was the passenger in the car he pulled over was a "driver" and was ticketed stinks to me as someone who was not only being dishonest but one using dishonesty to cover up his other decision in my humble opinion. It is my belief we are all safer with such individuals not in law enforcement.

I have been asked previously about other officers Seipler has said also falsely accused people of breaking the law. My answere is that any officer proven to have done so should be fired. However, to this point my understanding is Seipler is the only one in this mix that has actually been adjuticated to having done so, please do correct me if I have missed one.

The fact that he has cost taxpayers huge money throwing a tantrum over the fact that his chosen actions had consequences disgusts me in a way that has had me contiueing to follow the case for those reasons.

Hope I answered your question.

Gus said...

But Seriously, your comment illustrates the classic MCSD "deflect and swerve" tactic.

The discipline in Zane's firing case has been adjudicated twice in his favor, yet Nygren refuses to put him back to work.

The Federal case in Rockford is an entirely different legal matter and much more important. However, I decided to post your rant against Zane because of what it does illustrate.

Care to comment on the unlawful release of Milliman's confidential deposition? The new investigation into racial profiling? The withholding of pertinent information from the Plaintiff?

But Seriously said...

Gus, deflect and swerve? A bit confused, you directly asked my connection with the Sheriff's department. I answered clearly and explained my interest in the story. You may not like may answer but it was direct and honest.

As far as "adjuticated twice in his favor",

But Seriously said...

As far as "adjuticated twice in his favor". Every "adjutication" I am aware of has agreed what he did was wrong and deserved some level of punishment. They disagree to the level of punishment and appeals are still active. I feel the constant implication that he was somehow found "innocent" is blatantly deceptive.

But Seriously said...

As far as you three new questions you ask they are indeed accusations that the guy has made. I just don't think he has much of a track record of accusations turning into reality.

Justin said...

Gus said, “However, I decided to post your rant against Zane because of what it does illustrate……..”

I reread his post and didn’t see any rant, but that is my opinion. I know you moderate this blog to project your own agenda but your statement makes a point.

The NWH comments are often over the top with their vitriolic writings. I try to write opposing opinions here that are thoughtful. I would like to see others that agree with my opinion be allowed space to express their thoughts too. Some people previously posting here are gone; many of whom often made what I thought were good intelligent thoughts. Many times I looked for comments from Notawantabee, But Seriously, AZSupporter Steve and maybe others that I now forget. I rarely see anything from them now. Apparently giving up. Were they censored into and giving up? Most posted sane non offensive thoughts. This last week I’ve seen Zane Dee Bluto post items basically against the writer not aimed at the topic. Is this fair even if it promotes your side of the conspiracy?

By saying that you decided to post the “rant” tells me that if the point is too strong and may influence people away from your proven agenda, you will refuse to post it. Gus, you appear to be so blinded by a desire to bring discredit to Nygren that objective thought is thrown under the bus

As far as an internal of 51 deputies, there is a big difference between an internal and internally checking records. Just for info, there are laws and union contracts that require the police agencies to inform police officers when any inquiry is made. You try and infer that they are wrong and ZANE ratted them out. “Kind of the I told you so message” I say that I don’t see 51 deputies conspiring to commit any racial cover up and Zane is no one to be pointing fingers attacking integrity.

Lastly I like to interject sarcasm and humor into my counterpoints and poke fun at you. The opinions of others is what makes the blog interesting. I know your opinion will always be anti Sheriff or anti police.

AZ Supporter said...

Could it be that somehow the FBI inadvertantly leaked Milimann's dep after last weeks refusal to do an unnecessary investigation? OR, maybe just parts of the Dep that were included in the FBI release were used by the NWH. I think I'm much more concerned about how two weeks ago, everyone thought Milimann was the "smoking gun", and now there doesn't seem to be anything of substance in his statements.At least that's the way I read it........

Gus said...

But Seriously, to what "implication" are you referring? I cannot think of even one remark, comment or article on this blog that has ever suggested Zane was "innocent."

The question as to what he did has been settled. The issue is the price he is to pay for it.

The arbitrator and Judge Meyer agreed he should not have been fired. Sheriff Nygren doesn't like that answer and is willing to spend more taxpayer money to keep from putting Zane back to work.

No, "they" (the arbitrator and the judge) don't disagree to the level of punishment. "They" agree.

It's Sheriff Nygren who doesn't agree. We'll soon learn what the Appellate Court judges have to say.

Gus said...

Justin, thanks for your comments.

Yes, I did learn that I had to "moderate" this blog, thanks to some "colorful" comments that I just didn't want readers to have to put up with. However, I approve almost all of the comments now.

As to the absence of comments from those you named, it's because they aren't submitting as many. If they are MCSD employees, they may have decided to "hunker down".

I am not "so blinded by a desire to bring discredit to Nygren..." He has done a good job of that without my help.

You wrote, "Lastly I like to interject sarcasm and humor into my counterpoints and poke fun at you." This is okay with me.

While I may always be "anti (this)Sheriff", I am not "anti police".

People think I don't like cops. I do like them.

I like the ones who admit they are wrong, when they make mistakes. I like the ones who don't cause an accident and blame the other driver. I like the ones who refuse to write copycat reports. I like the ones who think they ought to be the first to obey laws, not the last.

Gus said...

AZ Supporter, maybe there is an FBI agent reading this who will comment on your possibility...

Anonymous said...

Does anyone know former Deputy Falb? (Now Nygren's FBI agent in training) A citizen complained that she FALSIFIED a warning ticket. She wrote the driver a warning for something the driver DID NOT DO. She admitted that the driver did not do what she cited and that she had no REAL probable cause to pull him over (besides being hispanic). You know what her discipline was? ORAL REPRIMAND. You guys might want to re-think your fall back arguement. I bet if the judge rules to unseal everything, including disciplinary records, Seipler's warning is going to pale in comparison to some of the other ATROCITIES committed by current deputies and supervisors.

Phillip said...

Seems that you are trying to dirty the ambitions and career of a fine young woman. You Zane zealots will stop at nothing to promote your wild accusations. Since Erin Falb's career has moved onward to the FBI she is no longer in the employment of the County. I feel she should be left alone and allowed to go on to greener pastures. I think it’s fair to say that attacking her demonstrates the lows you ZANIES will go to.

Unknown said...

"Sir Pumpkin", "Chet", what other names do you have. Oh yes, Sergeant Greg Pyle. Hey Gus, the word is out that Greg Pyle has admitted to being "Sir Pumpkin". Spread the word.