Monday, August 29, 2011

How's the shooting on Zimmerman Road?

Just wondering whether the shooting has died down on Zimmerman Road between McConnell Road and Country Club Road. I meant to hang out at Dufield Pond in the MCCD territory over the past week-end, but I didn't get to it.

How's the war zone over there? Did you all have to hide out in your bunkers over the week-end?

How has your contact with the McHenry County Sheriff's Department been? Has the situation improved? Are your calls being well-received and politely responded to?

Have any deputies been called to investigate reports of shooting? Anybody finding any stray slugs in the sides of your homes or in trees on your property?

If you are still having a problem, let me know. Please post general comments here, but without your names, addresses or phone numbers. Please email me at gus@woodstockadvocate.com and let me know how to contact you. I'll build a confidential email distribution list for all who object to discharge of firearms in close proximity to residences, and I'll help you exchange ideas about how you can stop this nuisance.

FOID card renewal - super fast

I was a little worried about the speed with which my FOID card would be renewed. Now I'm reminded that "Worry is interest paid in advance on a loan that may never come due."

I mailed my renewal application in Woodstock on August 10. My new FOID card was delivered today. Now, that's what I call f-a-s-t service.

Many thanks to the Illinois State Police staff.

When is a robbery not a robbery?

If I come into your home while you are not home and steal your property, I have committed a burglary.

If I come into your home while you are there and steal your property, have I robbed you?

Not according to Undersheriff Zinke and Lt. Popovits of the McHenry County Sheriff's Department. This morning McHenry County Board Member Mary McCann and Marengo-area resident Kristin Ottolino were told that it's not a "robbery", if the perps weren't armed.

Robbery is defined in the Illinois Compiled Statutes in Title III, Part C. Offenses directed against property.
Art. 18 Robbery.  "Sec. 18‑1. Robbery.
    (a) A person commits robbery when he or she takes property, except a motor vehicle covered by Section 18‑3 or 18‑4, from the person or presence of another by the use of force or by threatening the imminent use of force." (emphasis added)

So the Undersheriff was correct, legally. And that's what counts, "legally", when you are talking about laws and law enforcement. But what too many law enforcement officers don't understand is what the public understands when they hear terms such as "robbery". Would it have been better public relations to slow down and explain what the legal definition of Robbery was? See 720 ILCS 5/18-1(a)

If perps enter a home, even allowed in or invited, and then distract the homeowners so that one of them can ransack a dresser and find and steal jewelry, that it going to look and feel like a robbery to the victims. At that point it is essential to "educate" (gently, if necessary) and explain the law.

Now, is a "gypsy raid" something special in Illinois law? Apparently, some gypsies are roaming loose in McHenry County and committing numerous thefts. CAUTION: when someone comes to your door uninvited, do not let them in! Period!

Marengo residents - watch out for the gypsies!

Marengo and McHenry County residents should read the following message very carefully. It was written by a woman who is very concerned, very interested and who steps forward into the fray to get action. She didn't leave much space "between" the lines, but you'll read into it and ask the same questions that she did. How did she uncover so many burglaries that the sheriff's department didn't report? Because she talks to people.Read her letter carefully. Her name is used with permission. Her letter is published in its entirety.


Hi All,

I have received many emails from quite a few people wanting to know if I knew what was going on regarding the burglaries. I, too, was sickened by the lack of information put into the Northwest Herald after the article went to print on Saturday August 27th.

I wanted all of you to know that I went to the Undersheriff in the McHenry County Sheriff's office this morning, accompanied by McHenry County Board member Mary McCann. We spoke with both Undersheriff  Andrew Zinke, and also Lieutenant James Popovits. Of course, we asked why the other burglaries in the unincorporated area of McHenry County (Marengo Area) were not in the paper. They said and I quote, they have "only confirmed 3 in the unincorporated area". They said they have another board where the locations listed are not the same ring of people, but rather "Gypsies." Those victims of the "Gypsies" are the ones they didn't deem necessary to include in the newspaper.

Neither myself nor Mary were satisfied with that. We clearly let them know the public needs to be informed, no matter what the case. They took all the information (including police report numbers) that I had on the other burglaries not reported in the Northwest Herald, alongside of the information Mary McCann had, including the residences on Carmak Rd, Kishwaukee Valley Rd, Tomlin Ave, two locations on River Road, Constance Lane, and Koda Ridge. I think they were surprised we had this information. Just my opinion. They did say they will "check into them."

They did discuss there were two burglaries in the Blackstone subdivision on St. Andrews Drive on Friday August 26th.

I let them know that myself, and many citizens are looking at this 'lack of reported information' as a cover up. I told them that in Marengo alone, with over 7,000 citizens, they had 14,000 eyes to help them and asked why they wouldn't want to utilize us. They assured me it wasn't a cover up, and that they were "working on a better system to get information to the citizens."

The Officers believe these are two different rings of people. One ring, they believe, are Gypsies; they smooth talk elderly citizens into their homes with no forced entry, distract the elderly (like what happened on Ridgeview), and take things such as jewelry and other small items they can put in their pockets, without the victim ever being aware of having been burglarized. The other is a ring of people that are using forced entry when nobody is home, for example: breaking windows and forcing doors open, stealing things like guns, electronic equipment and jewelry.

I personally spoke to the victims on Ridgeview Ln. They are MY neighbors. That particular burglary happened on Friday, August 19th, and a police report WAS filed. I actually SAW the card handed to them by Officer Ralph Pucci and I gave Zinke the police report number. These victims actually SAW the burglars and their white or grey small truck (possibly a small pickup) with a creme colored stripe, horizontally down the side. On the day of the burglary, the victims were told by Officer Pucci that they would send someone back to their residence to look over photos. I asked Zinke why the victim's report on Ridgeview Ln. was never followed up by a visit from the Sheriff. I told him they haven't sent anyone back yet and it's been 8 days. Zinke said they would send someone out as soon as they "looked into it." Zinke considered that burglary a "Gypsy Raid."

I was curious as to why, if the victims on Ridgeview Ln. actually SAW the burglars, they didn't send out a sketch artist. Zinke said there is no available sketch artist for our county that he was aware of. I suggested Huntly because I "heard" they had one there but it wasn't confirmed. The Undersheriff again said that they would "look into it." WHY IN THE WORLD DO WE NOT HAVE A SKETCH ARTIST IN MCHENRY COUNTY??? I guess I'll never know. I also asked why they didn't take fingerprints. He said "all surfaces don't lend themselves to good fingerprints." I'm still not sure what that was supposed to mean.

We then discussed a potential "Crime Watch Organization" via social media (the internet/emails.) They said if we organized it, they would give us their full cooperation to report both completely and accurately. Mary McCann, the officers, and I, all discussed that it would be best if the information came from the Sheriff's department directly, to one of the County officials, THEN dispersed to someone, (I volunteered) to be the person to email as many citizens in McHenry county as we can. Mary McCann offered to find a broad contact list. Of course I will make sure I include each of you on my contact list that received THIS email firsthand.

In gathering email contacts, I may ask for your help in the near future with other email contacts in McHenry County (including Marengo).  We'll see. First, we'll have to wait and see what the Sheriffs office are willing to offer.  Wish us luck.

Don't hesitate to call me if you have any other questions: (815)568-1190....and no I don't mind if you pass this email on and include my name and phone number.

Stay safe, stay vigilant,
Kristin Ottolino

CC: Everyone on my contact list in the McHenry County area.


Editor's comment: McHenry County participates in MCAT - which stands for something like Major Crimes Action Taskforce. What this means to taxpayers is that each department doesn't have to staff every specialty. Specialists can be "borrowed" from their departments. So, if there is a sketch artist with one department, he could be borrowed. Is there one?

Ralph Pucci is a deputy with the McHenry County Sheriff's Department.  When he told the victims that they would be contacted, I'm sure he believed they would be.

Feldkamp lawyers want out

Last Tuesday the lawyers for Scott Feldkamp, as executor of the estates of his late parents, John G. and Audrey J. Feldkamp, filed motions to withdraw as Feldkamp's attorney.

Scott had filed first as Executor for his mother's estate and then as Executor for his father's estate. The Wills of each appointed him as executor. The Law Office of Thomas W. Schmitt and Jay K. Filler, Jr. had initially represented Scott. In their motion, Schmitt and Filler give the reason that "lack of communication and cooperation on the part of Scott A. Feldkamp."

In capital letters they advised him to get another attorney or to file an Appearance with the court.

Schmitt and Filler also ask the court to award them legal fees for work done to date. They are asking for $3,484.60 for legal work on Jack Feldkamp's estate and $5,233.50 for work on Audrey Feldkamp's estate. One document carried a cc: to the Gummerson & Rausch firm. Will they assume representation of the estates?

The Motions of Schmitt and Filler will be heard tomorrow, August 30, at 9:00AM in Courtroom 365.

Hearing must be shot (or the case was not called)

I trotted over to the courthouse this morning for the jury trial of Alexander Henson at 10:00AM in Judge Prather's courtroom. I got to her courtroom before 10:00AM and sat through many short matters before the bench and one long recess. When the second recess was called, I approached the clerk to inquire when Henson's trial would start.

Imagine my surprise when she informed me that it was continued to September 12!

How did that happen? I was pretty sure I had heard every name called, because Judge Prather calls cases in a loud voice. Then, as in many courtrooms, voices drop precipitously to a barely audible level.

I would like to thank the bailiff for quieting the many attorneys who engaged in conversations while the court was in session. He even went to the vestibule to quiet down the loud voices of attorneys out there. Of course, their voices could be heard when the door opened, but some could be heard in the courtroom even with that door closed.

Henson's case is the eavesdropping one, where he is accused of illegally recording the McHenry Police with his cell phone. The Northwest Herald weighed in with "Our View" on September 4, 2010.

We're not talking about surreptitious recording in the case. The cops knew they were being recorded and told Henson to stop recording.

This felony law in Illinois is definitely against the public interest and should be repealed.



So, the question is ... In general, if I tell you I am recording you and you tell me to stop, do I have to stop recording you or should you stop talking to me? Note: I said, "in general".

When a cop tells you to do something, the time to argue about whether his instruction is legal is probably not right then. If you don't want a huge, expensive headache like Henson has, comply with the cop's direction. You can argue about it later with the police chief, the city administration, the city council or a judge.

I'm anxious to learn when this case was continued. Was it after the 10:00AM announced court time, or did he get continued prior to 10:00AM. If so, you can count on another article.

Sunday, August 28, 2011

Beth Bentley - Week 66 - why bother?

Beth Bentley, age 41 when she vanished on the week-end of May 20-23, 2010, has now been missing 66 weeks.

Ten days ago I spoke with the deputy chief of the McHenry Police Department about a request I had made to a McHenry business for permission to walk through (some might say "search:) its brushy property near a largest car dealership. That business denied my request and and had informed the police of my unusual (to them) request.

After the deputy chief and I spoke by phone, he asked me to inform the Woodstock Police Department Detective Division of my hunch and our conversation. I sent a detailed email on August 18th to the Woodstock PD and copied the deputy chief of the McHenry P.D.

Somewhere in the Emily Post book of manners and in professional training manners, there is probably a suggestion and recommendation that some acknowledgement of a hunch (tip?) should be made. Perhaps the Woodstock PD is so busy cleaning up murders, armed robberies, kidnappings and other heinous crimes that no one thought, or took time, to say Thanks. In fact, they don't even need to say "Thanks" (they can thank me if a body is found), but professional operations ought to dictate at least an acknowledgement.

Maybe it's just me. Is there anyone in town who has ever received a thank-you for anything from anyone at the Woodstock P.D.? (Not counting traffic tickets, which some officers might consider expressions of appreciation for the opportunity to serve the public, by reminding a person to drive more safely in the future, thereby saving his live.) I can think of one; several years ago a family gave some money for a bullet-proof vest for Brinx. I'll bet that family got a thank-you. At least, I hope so.

Even a nicely-worded form letter from a secretary, on behalf of a detective, might help to maintain good relations with the public. As I say, maybe it's just me that they don't thank. If that's the case, I can live with it.

If they thank no one, then that's something that needs to be fixed.

I wonder whether anyone went to take a look. It wasn't that they needed to form a search team to walk shoulder-to-shoulder through the weeds back there. But maybe one cop or one detective might spend an hour back there. Of course, it would have been better to do that a year ago, but better now than a year from now.

Former co-workers of the recently-downsized Bentley Law Firm will be scattering to the winds now. Were they all interviewed? In depth? Did their stories all make sense? Were discrepancies investigated and resolved?

I know of one person who likely has valuable information - that he doesn't even realize is valuable. And he doesn't want to talk. He says that he doesn't know anything. His information, though, would help complete the puzzle called "Where's Beth?"

Nobody has been "cleared", although one Facebook user stated unequivocally a year ago that that person had been cleared. Police are not going to stick their necks out and very early on say that they have cleared someone. They will not want mud on their faces later on, if that person becomes a suspect.

For now, police have not named anyone as a person-of-interest or a suspect. What that really means is that anyone could be. How many unnamed suspects will read this week's article? Three? Five? More?