Judge Meyer denies special prosecutor

Judge Meyer this morning denied Sgt. John Koziol's Petition for a special prosecutor to investigate Undersheriff Andy Zinke.

Judge Meyer explained, as he did in Zane Seipler's case, that the investigation should fall to the McHenry County State's Attorney, unless he is sick, absent or unable to attend. "Attend" means to take care of business, as in not having a conflict of interest.

The State's Attorney's Office has apparently had some contact with the Appellate Special Prosecutor's office, although the details did not come out in great detail.

Sgt. Koziol's attorney expressed concerns about the potential for a conflict-of-interest, since the State's Attorney represents the sheriff and the sheriff's department, but his concerns were not persuasive enough for Judge Meyer to grant the request made in the Petition.

The problems identified in the Petition are significant and should receive legal attention. Will they?

Sheriff Keith Nygren was in the courtroom today. At one point an attorney stopped to talk with him, creating a distraction in the courtroom, at least for those seated nearby. Rather than stepping outside the courtroom for their conversation, they just showed bad manners and kept talking.

Nygren's EEO officer, Don Leist, also was in the courtroom and claimed the privilege of sitting in the jury seating area, even though he is not an attorney with an interest in the case. He walked in and out of the courtroom several times and also stopped at the lawyers' tables for conversation.

It's unclear to me why Leist is even in the courtroom, when he would seem to have no interest in the case at all. As the EEO officer, his duties are defined by the sheriff. Leist is not the sheriff's attorney, although he seems to have a hard time leaving his attorney hat on the shelf in his closet at home. If he doesn't have any work to do, perhaps the sheriff ought to consider eliminating the position and saving the $100,000 expense at the sheriff's department.