What is the definition of Official Misconduct in the great State of Illinois? You've got to read this one. Remember, now; it was created by our legislators...
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
(a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or
(b) Knowingly performs an act which he knows he is forbidden by law to perform; or
(c) With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or
(d) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.
A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.
After you get done chuckling over the wording in (b) "Knowingly performs an act which he knows ...", try to guess what wizard wrote that one?
OK, so where in the law does it say that a public employee (let's say, an Undersheriff) must fulfill the duties to which he is sworn? Does it say that anywhere?
Does it say anywhere in the law that a law enforcement officer shall do nothing to interfere with an investigation into a crime?
Was there a lawful, mandatory duty for Zinke to keep his mouth shut about the DEA investigation?
Certainly, the lawyers and criminal investigators know or ought to know what law was broken by Zinke's revealing a confidential DEA investigation to the owner of a possible target business of the investigation.
If not Official Misconduct, then what other law?
Can it really be possible that there exists no law in Illinois that criminalizes such a disclosure? Then why don't cops all over the state (even in Chicago or Berwyn or Cicero or Harvey or Justice) just tell crooks (and suspects and interested parties) that the cops are on the way? Or do they?
OK, so the State's Attorney is taking a pass. The press release doesn't mention the opinion of the Illinois States' Attorneys Appellate Prosecutor. What did ILSAAP think of Zinke's disclosure? Were they willing to take the case, but the McHenry County State's Attorney wouldn't pass it to them?
The State's Attorney called Zinke's disclosure "alarming and problematic matter" and one for Sheriff Nygren to resolve.
Well, I guess that takes care of that. Next?
You never know who is interested…
3 months ago
1 comment:
Apparently it is NOT, in the legal mind of the State's Attorney, what Zinke did. I would suggest that if the law needs to be changed or ammended, remember that the legal minds ( and I use that term loosely when it comes to this state's legislaters) are the ones who need to change the law, and they are the ones who wrote the origional law to begin with. Good luck on that front.
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