No special prosecutor - confused?

After Judge Meyer denied a request for a special prosecutor to investigate Undersheriff Andy Zinke, this article was published on Saturday in the Northwest Herald. (If you don't get to it before it is archived by the newspaper, you can read it (free) via the Woodstock Public Library's website (with your library card number).

What Judge Meyer said was that he was not going to appoint a special prosecutor. He didn't say there shouldn't be an investigation. He did say that the investigation would be up to McHenry County State's Attorney's office (SAO).

The SAO wouldn't confirm or deny an investigation or any plans to launch one. The newspaper article says that State's Attorney Lou Bianchi said he has contacted the U.S. Attorney's Office and the Illinois State's Attorneys Appellate Prosecutor's Office. (For information, see www.ilsaap.org)

About Zinke?

Let's say they do. Then who will defend the Undersheriff? The State's Attorney's Office? Or was his alleged crime outside the scope of his employment? Should Zinke have to bear the cost of defense personally?

Last April Judge Meyer ruled that he would not appoint a special prosecutor to investigate Sheriff Keith Nygren. State's Attorney Lou Bianchi said there was a conflict of interest; he represents the sheriff, according to Saturday's Northwest Herald article.

But the SAO represents the sheriff only in his official capacity. That's why Woodstock Attorney Mark Gummerson showed up in court last spring to represent Nygren - personally. Will we be seeing Gummerson again?

On Friday Assistant State's Attorney Michael Combs apparently said that the SAO is not "currently" representing Zinke - "rather some matters involving him are being handled by outside counsel."

Hello??? What's that all about? Is the Northwest Herald going to snoop around and find out more?

Combs seemed to indicate that the SAO could investigate Zinke's actions, after he, according to the Petition filed in court, revealed a confidential DEA investigation to Brian Goode, president of RITA Corp.

The Northwest Herald describes Goode as "a close friend of Zinke's [sic]" (when I see the erroneous possessive case sneak in like that, I wonder "of Zinke's 'what'?"). I suspect it might be more accurate to describe Goode as a close friend of Nygren. Goode has been Nygren's appointee to the McHenry County Sheriff's Department Merit Commission since April 2005, and Nygren's political campaigns have benefited to the tune of $50,000 from Goode connections.

The article says that Zinke is waiting for a decision from the Appellate Prosecutor's Office. How would he know if they are considering a case involving him? Are there leaks already?

County Board Chairman Ken Koehler seemed to be trying to diminish the importance of the allegations against Zinke by telling the reporter, "the DEA would have chimed in by now", if the allegations had merit.

Oh, really? Federal charges can take many months, even years, to materialize. I just finished reading When Corruption was King, by Robert Cooley. This fast-paced story involved crooked cops, judges, politicians and lawyers. The book is about Operation Gambat (Gambling Attorney), not about Operation Greylord.