Thursday, October 13, 2011

Revelations in Seipler vs. Nygren in Federal case

In a new filing this week in the federal case of Zane Seipler against four command personnel (Cundiff, John Miller, Lutz, Popovits), Kathleen Seith, the sheriff (individually and as sheriff), and the County of McHenry, attorney Blake Horwitz, on behalf of Zane Seipler, calls to the attention of Judge Kapala and Magistrate Judge Mahoney several actions that ought to raise the hackles of the judges.

Nygren supporters have complained of repeated filings in this case, which is in U.S. (Federal) District Court in Rockford, and the special prosecutor case in McHenry County Circuit Court. Why have all the last-minute filings taken place, and just before deadlines?

Because the sheriff's department just happens to "find" more relevant documents that should have been found and provided to Zane's attorney much earlier in the case, well before deadlines imposed by Judge Mahoney.

For example, just before the October 3, 2011, discovery deadline, the sheriff's department turned over an hour-long video interrogation of Zane. That video tape must have been gathering dust at the sheriff's department for many months (maybe 2-3 years?). Surely, it wasn't in possession of the sheriff's attorney, or they would have provided it promptly as ordered by the Court. (Right?) It "conveniently" surfaced after depositions had been taken from Deputies Lutz and Miller and from Sheriff Nygren. A report from an "expert" also surfaced - an expert who had reviewed an internal investigation of 51 deputies accused of racial profiling.

Horwitz now asks the Court for time to depose Lutz, Miller and Nygren again, so that he can question them about the "new" material. Horwitz refers to "11th hour disclosures (or non-disclosures)."

The Sheriff fired Zane over two improper tickets, which may have actually been warnings, not tickets. Yet, the new filing states the Department promoted Deputy Jeremy Bruketta after he falsified racial-profiling data on 100-150 tickets.

A report by a Dr. Van Meter showed up - a report used as a basis for Nygren's decision not to punish any of the 17 deputies who falsified and/or "mis-identified" the race of ticket recipients. Why would the Sheriff's Department withhold that report? By withholding it until after Nygren was deposed, did they hope to keep it out of court?

The Sheriff's Department has virtually unlimited dollars (taxpayer money) to delay and stall in this case. By dragging it out, is it hoping that Seipler will run out of money and the case will lapse?

That "ain't gonna happen."

1 comment:

Justin said...

Deputy Jeremy Bruketta was promoted? When? I must have missed something.