Wednesday, March 9, 2011

Latest motion not very polite about sheriff

When I was in Rockford at the U.S. District Court today, I looked through the documents in Zane Seipler's case. What did I find?

EMERGENCY MOTION FOR PROTECTIVE ORDER AND OTHER RELIEF.

On February 28, 2011, McHenry County Sheriff's Deputy Scott Milliman filed, through his lawyer, a request to seal the psychological report prepared by a psychologist associated with Rush University Medical Center.

The Emergency Motion contains, in part, the following statements: "Deputy Milliman made several statements under oath in the November 23, 2010, deposition that implicated Sheriff Nygren in criminal activity."

"Defendant Nygren, or those associated with him, released a copy of the Milliman deposition to third parties, including the Northwest Herald Newspaper, and offered slanderous opinions of Deputy Milliman (referencing Sesame Street characters) which were later repeated in the Northwest Herald and throughout the internet."

"Recently, Sheriff Nygren, pursuant to Deputy Milliman's employment contact, ordered Deputy Milliman to undergo a psychological evaluation. This evaluation took place on February 12, 2011. Prior to the evaluation taking place and unbeknownst to Deputy Milliman, his counsel, or any other parties involved in this matter, Lieutenant Miller, Sheriff Nygren's personal assistant and a named defendant in this matter, provided the psychologist with a copy of the Milliman deposition. The transcript was provided to the psychologist in direct contravention of this Court's April 7, 2009, protective order. ... Based on this behavior, it is counsel's belief that the Defendants in this matter are unable to abide by this Court's protective orders."

What did Judge Mahoney decide?

Judge Mahoney entered a contingent protective order as to the psychological report. It is to be considered a confidential document. The report is for "attorney's eyes only" and is to be disseminated only to counsel of record. If the report is filed with the court, it is to be filed under seal.

2 comments:

But Seriously said...

Based on some of the off the wall statements that have been attributed to this guy it is no suprise his attorney wouldn't want any info about his psychologists diagnosis known by anyone.

Gus said...

But Seriously, let's assume that the "off-the-wall" statements are true. What if they ARE true? What then?

It would seem to me to be more important to investigate and attempt to substantiate the statements first.

As you must know, the McHenry County State's Attorney doesn't want to touch this one. It falls in Judge Meyer's lap to appoint a Special Prosecutor. My guess is that he is very close to doing so.