Friday, December 30, 2011

Who caught the brass ring?

Recently Scott Milliman filed a federal law suit against Sheriff Keith Nygren of the McHenry County Sheriff's Department. If you think things have been "interesting" with all the lawsuits against Nygren and the Sheriff's Department so far, just wait until you get to see some of the particulars coming along.

The Sheriff and the rest of the defendants will need attorneys. Who will represent them? Who will defend Nygren in his capacity as Sheriff, Nygren individually, and the other defendants, who are Undersheriff Andrew J. Zinke, Commander John L. Miller, former employee Bryan Krause (former MCSD garage supervisor (and Nygren's chauffeur in parades)), Sgt. Steven Schmitt and Lt. Ken Nielson?

Take three guesses (and the first two don't count)...

1. Lou Bianchi, McHenry County State's Attorney and "the Sheriff's attorney", by law;
2. Donald Leist, Esq., new EEO officer of MCSD;
3. James G. Sotos & Associates, Ltd., of Itasca, Ill.

Who will represent Nygren individually? Will Sotos represent him in his (Nygren's) individual capacity? At no charge or at his regular hourly rate, but billed to Nygren at his residence?

Who will represent The County of McHenry, "Corporation and Body Politic", which is also named as a Defendant?

Should all the defendants go with one attorney for their defense, no matter who that attorney is? What if there is a conflict-of-interest among the defendants? For example, Krause had some major problems with Nygren when he bought Nygren's house in Hebron. The problem? Nygren wouldn't move out. Nygren sold Krause the house. Krause bought the house at what seemed to many to be well over the market value of the house. And still Nygren wouldn't move out.

Did Krause have to threaten Nygren (the Sheriff of McHenry County!) with legal action to get him out of his own house? Did Nygren really tell Krause that he (Nygren) didn't have to move out, because Nygren had given Krause such a good deal? Is a good deal one where you pay $20,-30,000 over Fair Market Value?

Will Krause feel fairly represented by an attorney controlled by Nygren?

And what about the other defendants? If they have conflicting defenses, will (can) they get fair representation? They should be individually and privately asking Sotos some important and hard questions, and before they start providing any information for their defense. Maybe they should be conferring with other attorneys on this very issue before statements and depositions begin.

How many years down the line will a jury trial, demanded in the filing, take place? How about cutting through all the baloney and having a May or June trial? Of course, that won't happen, but wouldn't it be nice? Get it all out of the way before the next election? And before Nygren can bail out and leave the wreckage to Zinke.

If Nygren bails before July, the successor in the Office of Sheriff will be decided by the public in the November 2012 election. If he holds his breath and hangs on by his fingernails to the election-cycle cut-off date, then the County Board gets to appoint Andy Zinke as Nygren's hand-picked successor.

Is Zinke going to be the right choice, whether appointed or elected?

Or would MCSD be better off to bring in an outsider with a big broom and a spotless reputation? Unfortunately, with Illinois election laws the way they are, that person can't be too much of an outsider. He (or she) will have to be a McHenry County resident.

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