Friday, October 28, 2011

Special Prosecutor petititon about to die?

On September 27th the Northwest Herald carried an article about the previous week's ruling  by the Illinois Appellate Court that there was nothing wrong with the decisions by McHenry County Circuit Court Judge Thomas Meyer or the arbitrator who decided that Zane Seipler's punishment should have been three days' off, not termination.

The article did not provide the date of the Appellate Court ruling, nor did he indicate within how many days Sheriff Nygren must file any appeal with the Illinois Supreme Court. Nygren was making noises about wasting more taxpayer money in his stalling. Soon he'll run out of time, because he doesn't have "forever" to file an appeal. The clock could have been 30 days or 35 days.

In another case involving Seipler, the sheriff's legal team is trying to run out the clock on statute of limitations. The sheriff has apparently hired Woodstock attorney Mark Gummerson to represent him individually, and hopefully he won't find an unused checkbook in a bottom drawer in his office to pay Gummerson with other than personal funds.

Could there be a three-year statute of limitations on the allegations raised in Seipler's petitions? If legal tomfoolery can continue to delay a start of an investigation, could the statute run out?

Whether the State's Attorney could or couldn't investigate Nygren has been a murky issue. To me it looks like he doesn't want to. Is it because he represents the sheriff?  But the sheriff spends thousands of dollars (over a million?) on outside legal services.

Nygren tried to get the taxpayers on the hook for legal fees "in his official capacity", but Judge Meyer called a fast halt to that. Last week Mark Gummerson was in court, apparently running up the sheriff's tab with his office.

Will the petition die an unquiet death, if the Statute of Limitations expires? Or will some clever lawyering come into play to keep the petition for a special prosecutor alive?

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