Saturday, June 23, 2012

Inmate files lawsuit from jail

"Jailhouse" lawyers. You've heard the phrase.

On Page B3 of this morning's Northwest Herald (print edition, of course) is the headline, "Burglary, escape suspect sues investigating officers."

James Henson. 44, is a resident at Hotel Nygren in Woodstock, where he has been locked up since being captured last October after kicking his way out of a McHenry County Sheriff's Department and escaping from custody. Henson was being transported to the County Jail at the time of his escape. That case, No. CF001093, has its next court date on June 27.

An "interesting" aspect of that case is how Henson came to be arrested in the first place. He was allegedly trespassing and in a barn in McHenry County near Crystal Lake. He may have been challenged at gunpoint by a person who was not a law-enforcement officer and detained until deputies could arrive. If there is ever a trial for this case, the details preceding his arrest may be revealed.

And the details of his escape may also be revealed; i.e., was he handcuffed properly in the squad car? Was he seatbelted in, in the back seat? How did he get loose from the seatbelt and from his handcuffs? Is it customary for a deputy to transport solo a person with Henson's history history? What actions did the transporting deputy take to prevent Henson's escape?

The article describes Henson as having a "lengthy" criminal history. That was certainly modest of the Northwest Herald.

On Tuesday, June 19, Henson pro se filed a suit against the McHenry County Sheriff's Department, the Woodstock Police Department, the City of Woodstock, the County of McHenry, Woodstock Detective Spitzer and Sheriff's Department deputies Ed Maldonado and Daniel Danczyk. That's Case No. 12LA000219, and it's next up in court on October 23 before Judge Caldwell.

In Henson's criminal case (11CF001093) he was originally represented by the Public Defender. His defense attorney-of-record now is Michling Hofmann Plaza & Wick.

No comments: