FirstElectricNewspaper was back in court last Friday, and its publisher will be continuing to wear out the path to Judge Meyer's door on Thursday, Sept. 26.
It seems that no lawyer wants to lay his head on the chopping block for Sheriff Nygren (and Undersheriff Zinke) and employee Don Leist. This is in FEN's case to get the McHenry County Sheriff's Department to release Nygren's investigation into Zinke's disclosure to Brian Goode, President of Crystal Lake's RITA Corporation, that the DEA believes illegal drugs were on a truck shipment to RITA.
FEN filed a FOIA Request for Nygren's report. MCSD denied the request (guess who probably told the FOIA Officer to deny it). FEN appealed to the Illinois Attorney General's Public Access Counselor, who told MCSD to release it. Nygren refused. FEN now is asking the McHenry County Circuit Court to order Nygren to release it.
The McHenry County State's Attorney would normally represent the Sheriff's Dept. in a matter like this. Leist and Nygren believe they won't get a fair shake from Lou Bianchi's office, because Lou is supporting Bill Prim as a Republican candidate in the March 2014 Republican Primary (running against Zinke).
Of course, that is a weak position that Nygren and Leist have taken, because Bianchi is, by law, the attorney for the Sheriff's Dept. Bianchi would follow the law and ethics and give a good defense to Nygren and Leist, even though their position is indefensible.
So the game of "musical lawyers" goes on. The Illinois State's Attorneys Special Prosecutor (www.ilsaap.org) was a good choice, but Leist and Nygren don't trust the advice they'd be getting from that Office. So they are shopping for an attorney who, like Burger King, will give it to them "their way".
FEN reports that "Friday (Judge) Meyer said none of five public lawyers from neighboring counties
submitted by Leist and the State's Attorney's Office would agree to take
There is an incredibly strong message right there about this case. Why is Nygren refusing to release the 100-page report about Zinke's paux pas regarding the DEA confidential investigation?
Zinke could, as a campaign issue, give Nygren the green light to release the report, halting the entire legal process. Why would he not do so?
How many reasons would you like?