Judge Meyer nixes Nygren petition

The Petition to Intervene filed last week by Keith Nygren last week was nixed by Judge Thomas Meyer this morning. The hearing on this petition, set for 9:00AM, was passed when first called and then delayed, when Nygren's attorney, working elsewhere in the courthouse, had to be rounded up.

The petition was filed last week by Attonrey Mark Gummerson, on behalf of Sheriff Keith Nygren, both in his official capacity and individually, since Nygren is a defendant, both ways, in the legal action brought by Deputy Zane Seipler that requests appointment of a Special Prosecutor. It seems like it will be f-o-r-e-v-e-r before Judge Meyer is going to get a chance to rule.

In the petition Nygren asks the court to 1) allow him to intervene in this matter; 2) appoint R. Mark Gummerson and/or his law firm, Gummerson Rausch et al., to represent him, in his official capacity (that's as Sheriff of McHenry County and, therefore, at taxpayer expense; 3) to disqualify Woodstock attorney William Caldwell from representing McHenry County (and replacing Assistant State's Attorney Don Leist); and 4) for such further relief as the Court deemed just.

Attorney Sandra Kerrick was in court this morning to represent Attorney Caldwell, and Judge Meyer quickly ruled that he was not going to disqualify Caldwell.

The Assistant State's Attorney (ASA) who was present said that he assumed that ended the matter as far as the State's Attorney's representing Nygren, and Judge Meyer agreed. At that point the ASA stepped away from the bench, but he remained in the courtroom. It was a good thing, too, because he was going to get to carry a message back to the State's Attorney's Office that they weren't out of the woods yet.

Gummerson said to Judge Caldwell that he was there, representing Nygren both individually and in his official capacity. That was immediately challenged, because the Court had not yet decided on such appointment related to "official capacity"; i.e., putting the taxpayers on the hook for legal fees.

Seipler's attorney from Chicago, Blake Horwitz, told Judge Meyer that what was happening was "delay, delay, delay." No kidding? He hit that nail squarely on the head.

Judge Meyer ruled that Gummerson will not represent Nygren "in his official capacity". The taxpayers can begin breathing regularly and normally again. If Gummerson continues in this case, it ought to be at Nygren's personal expense. Let's see how long he sticks around and whether Nygren will foot the bill personally for $200,-300,000 to keep Gummerson on the case.

More filings and responses will be made, and Attorney Kerrick told reporters after today's hearing that Thursday's scheduled hearing in this case is off.