Caldwell in, Gummerson out

What did last Tuesday's hearing in Judge Meyer's court really mean? The one about Zane Seipler's petition for a special prosecutor to investigate Sheriff Keith Nygren.

Here is one guy standing up and putting his money where his mouth is. How many around here to do that? Remember back when Zane filed the first petition? He did so pro se; that is, without an attorney. Pretty quickly he realized that he was going to need an attorney, or his petition would grind to a halt. And so he got an attorney - a good one. Chicago Attorney Blake Horwitz has kept this petition alive, continually filing amended petitions as new information came to light.

I don't know what it has cost Zane so far - my guess is that the legal bill is $70,-100,000 - so far.

There were many court dates when Judge Meyer could have ended Seipler's petition. My experience from being in his courtroom often was that he was looking for every opportunity not to stop it.

The State's Attorney doesn't want to investigate Nygren, saying that he is the sheriff's attorney which, legally, he is. In that position there seems to me to be a clear conflict of interest. And so a Special Prosecutor should be appointed.

The latest step was for the State's Attorney to pull Assistant State's Attorney Don Leist out of the picture, with the result on Tuesday, October 11, that Judge Meyer appointed Woodstock attorney Bill Caldwell to represent the County of McHenry.

Nygren had countered with his own petition late last week, asking that Caldwell not be appointed and asking for the Court to appoint Woodstock attorney Mark Gummerson to represent him "in his official capacity", meaning that the County would pay Gummerson to represent Nygren. Judge Meyer put the kabosh on that by appointing Caldwell to represent the County and refusing to appoint Gummerson as Nygren's taxpayer-supported counsel.

Now, who represents Nygren? Isn't the Sheriff's Department part of the County of McHenry? Opinions outside the courthouse seem to be divided as to whether Bill Caldwell will represent Nygren and the County. If the County and Nygren are at odds, then Caldwell might have a hard time representing both.

I am reminded of the situation in which robbers hit a bank and get arrested. Should they have the same attorney? Even a "Bonnie and Clyde" team? Should they make do with one attorney or should each have his own attorney? I say, separate attorneys. Of course, in our wonderful country you can get only as much justice as you can afford.

It seems to me that Judge Meyer, in appointing Bill Caldwell to represent the County and refusing outside, County-paid, legal services to Nygren as Sheriff, was saying that Caldwell will represent the Sheriff in this case.

Now, aren't they both Republicans? Do they like one another?

But what about the conflict of interest? Seipler's petition claims that Nygren has spent thousands of dollars, wrongfully, to plaster his political badge all over County equipment, property and stationery. How could the same attorney (Caldwell) defend and prosecute Nygren? He can't.

That's why a Special Prosecutor is demanded in this case. And why Judge Meyer should appoint one.