Gonigam v. Nygren

Fun and games continued in Judge Meyer's court this morning, when Pete Gonigam's legal case against Sheriff Keith Nygren (and others) resumed. Pete, who is publisher of the First Electric Newspaper, has asked the court to help him get a 100-page investigative report about Undersheriff Zinke's informed Crystal Lake businessman and Nygren (and Zinke) supporter, Brian Goode, of a confidential DEA investigation.

It was quite a party, when Judge Meyer called the case at 9:13AM. Pete's attorney, Mary Gardner, stepped up. Nygren was there and stepped forward, although he took a position somewhat behind Attorney Gardner. Two Assistant State's Attorneys were there. And Donald Leist, MCSD EEO officer (and now Legal Affairs Officer) was there.

Gonigam remained in his seat and did not join the party in front of Judge Meyer. Leist may be having some back or leg trouble, because he leaned against the bench the whole time.

Pete explained to me after court that Nygren and Leist were there pro se. It certainly sounded to me like Leist was representing the Sheriff's Department and Nygren, but Pete said he wasn't. Leist presented a couple of court cases to Judge Meyer claiming some position of the Cook County Sheriff's Department. Nygren and Leist are defendants in this case.

MCSD Freedom of Information Act (FOIA) Officer Jan Weech was let off the hook today as a defendant in this case. It was her name on the first denial of Pete's FOIA request. MCSD claimed an exemption under FOIA, stating the the investigation and report about Zinke was an "adjudication of an employee grievance or discipline".

The State's Attorney's Office was there this morning to represent the defendants (Nygren, Leist and the Sheriff's Department), but Nygren, the Sheriff's Dept. and Leist are asking for appointment of a  Special Assistant State's Attorney to present them (or each of them?). Wording in today's Order indicates that the State's Attorney's Office will submit a Memorandum in support of its position for a Special Assistant State's Attorney to represent the County Board.

For Judge Meyer the first question, before ever getting to the FOIA request, denial and appeal and the guts of this court case, is who will represent the defendants. Nygren claims he can't get fair representation from the State's Attorney's office. The State's Attorney's office will submit a brief. I guess it will state whether they can or cannot represent MCSD or Nygren or Leist.

If you start coughing from the smoke this week-end, you'll know where it came from.

Let's all thank Sheriff Nygren for his willingness to cause the expenditure of thousands of dollars of County money to prevent telling us what happened when he investigated Zinke. Zinke could, of course, just say "Release it" and end this whole mess.

So what does the 100-page report really say? And what do the two deputies say during the audio interviews? (Let me guess...  "Put double pepperoni on my pizza.")

Judge Meyer set August 20 for the next episode in Case No. 13MR309.