Tuesday, May 29, 2012

Who is "the County"?

Being naturally curious about who "the County" was in the Petition filed last Thursday against Zane Seipler and his attorney, I went to the courthouse (well, okay; the "government center") today and read the Petition.

It is in Case No. 10MR000011, which is the case that Zane Seipler started in January 2010 about the sheriff's mis-use of County dollars for a seven-point "star" (badge) that he used for political purposes and also slapped on County vehicles, buildings and stationery. That "star" is referred to in documents as a LOGO (sic).

Judge Meyer ended Seipler's case with a decision that he (Judge Meyer) could not appoint a Special Prosecutor to investigate Sheriff Keith Nygren. It was the State's Attorney's job to investigate, and the State's Attorney said he never considered it, because it would be unethical, since he represents the Office of the Sheriff. So the State's Attorney did not decide not to investigate Nygren; he told the Court he never considered the question of investigating Nygren.

Now, "the County" is asking for sanctions against Seipler and his Chicago attorney, Blake Horwitz.

Except it's getting hard to determine who "the County" is; i.e., who gave a green light to Caldwell Berner & Caldwell, LLC to file the Petition?

"The County" didn't; i.e., the County Board did not authorize Caldwell et al. to file that Petition. So, who did?

I started too late in the day to track down "the County" and was not able to reach Norm Vinton, Donna Kelly or Bill Caldwell.

The Petitioner ("the County) seems to be concerned about harassment of Sheriff Nygren and is requesting "that a sanction be entered for the time expended by the County's State's Attorney in responding to the five Petitions that have been filed." The Petition doesn't ask for reimbursement of the County's cost; it asks only for a sanction. So I guess that judge could just say, "Bad boy, bad boy."

It seems to me that one of County's big snowplows could be driven right through the Petition. Did it have to meet a minimum weight requirement when filed? Or a minimum number of pages? In one response it reads that the San Jose Police Department has been using a seven-point star since the late 1800s. So what???

In another section it mentions the FBI's letter (it was a strange one, indeed, and, in my mind, is highly suspect as to its authenticity) that Scott Milliman's allegations lack "prosecutive merit". Since when does the FBI issue such letters? Since when would it inform a subordinate of an investigative target of such a opinion?

The Petition also read "Plaintiff's allegations have been reviewed by multiple governmental agents. They include the F.B.I., the Attorney General's Office, the State Board of Elections, First Assistant State's Attorney Thomas Carroll and State's Attorney Donald Leist. All of these agencies have indicated that there is no prosecutive merit." It didn't mention that Carroll and Leist are no longer with the State's Attorney's Office or that Leist works for the Sheriff now.

Oh, really? All of them? In fact, any of them, other than the F.B.I.?

Horwitz is going to demolish this Petition, and I'll bet he will then turn around and go after the County.

So, my question is ... "Who is 'the County'?" Who turned Caldwell Berner & Caldwell loose on this? Who is paying for it?

Oh, and the Notice of Petition? No hearing date is requested. So, is the Petition just "I'll huff and I'll puff", but I won't see you in court?

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