Eavesdropping case dropped!!!

A reader has offered this link (which I have already inspected) in response to my story about yet one more continuance with the criminal case of eavesdropping against Alexander Henson (10CF000388):   http://www.righttorecord.org/wp-content/uploads/2011/08/10-1764P-01A.pdf  Note that this is a Massachusetts case. The information is good, but it doesn't apply in Illinois.

This local case involves Henson's recording of McHenry Police in April 2010, while they were inside a home and performing their official duties.

Should citizens have the right to record police with videocameras or cell phones?

Police assert that privilege during traffic stops recorded on dashboard cameras and wireless microphones worn by officers. They don't ask drivers if it is okay to record them. Some departments even share those recordings with popular TV shows. (My opinion is that most police actions caught on those cameras are illegal and provide evidence usable in court against the police.)

But back to Henson's case. This case has been meandering its way through McHenry County Circuit Court since April 2010. On Monday, August 29, 2011, it was set for jury trial at 10:00AM in Judge Prather's court. As I wrote earlier this week, I was in her courtroom by 10:00AM and never heard the case called. Henson's attorney has not responded to my emailed inquiry about whether the matter was handled prior to the 10:00AM court call.

As a result of Monday's court action, I noticed on Monday that the case is now set for a plea on September 12.

And today? The eavesdropping charge is now shown as nolle prossed. So, after all the hoop-de-lah AND sixteen months of aggravation AND legal expense to defend himself, there only remains a charge of resisting arrest.

Well, friends, if Henson hadn't committed a crime (eavesdropping), then how can he be arrested, charged and, most importantly, convicted of resisting arrest? For what?

Law enforcement agencies (police and sheriff's departments) have an awesome power to wreak havoc in peoples' lives by charging them and then dragging cases on for months and months. Do some of those agencies and prosecutors hope to bankrupt a defendant into a guilty plea?

Why wasn't a plea entered in April 2010? Court records indicate only that a jury trial was demanded on May 6, 2010. No plea is noted.

Then seven (7) continuances followed on motion by Henson.

On January 6, 2011, a date for a jury trial was set.

Then "The People" (that's the prosecution) began asking for continuances. On the date for the jury trial (August 29), the prosecution dismissed the eavesdropping charge!

This is our criminal system at work, folks. This case should have been heard and settled over a year ago. One of these days the circuit court judges are going to gang up on the lawyers and shout, "Enough! Trial will be on a certain date! And you'd better be ready, or you'll be sitting in Hotel Nygren for five days!"

Stale info on NIXLE

When I searched around to find the website where interested persons can sign up for NIXLE alert messages from the McHenry County Sheriff's Department, I had to find it first on Google: http://nixle.com/mchenry-county-il-sheriffs-office/?page=2

And then the first thing I noticed was an Advisory message that the non-emergency number was not working. Well, it's probably working by now. That Advisory was seven months ago!

When smart people (smart enough for CALEA) figure things out, how come they don't figure out how to cancel or remove stale information?

Oh, it's also nice to know that the sheriff's department hosted snowmobile classes in February and March. That information ought to come in really handy, if there is a test somewhere soon.

Lake Villa motorcyclist killed Saturday

I was thinking today about the 29-year-old motorcyclist who was killed on Saturday in unincorporated Lake County near Ingleside. I looked at the intersection on Google Maps and saw it was a T-intersection.

Although the roadway of Highway 59 runs east-west there, the direction of travel is reported as north-side due to the highway numbering. The motorcycle operator was riding north (east); the car driver was driving south (west) and, according to an expanded version in the paper, turning left on a yellow onto Wilson Road

I had said to a friend, before reading the expanded version, that I wondered if the motorcycle was running a yellow light and got tangled up with a driver completing a left turn. It sounds like that's just what happened.

Just as important for a driver to see the motorcyclist is for the motorcyclist to ride so that he can be seen!

If the motorcycle operator is tailgating a vehicle, he cannot be easily seen by oncoming drivers. If he is riding by the right-rear corner of the vehicle in front of him, he cannot be easily seen by oncoming drivers.

I have wondered why some motorcyclists ride almost on top of the center lane-line, and a magazine article recently addressed the visibility issue.

So, motorcyclists, be seen! Drop back a little, allow a safe following distance from the car in front of you, ride to the left, and, of course, watch out for the idiot behind you when the light changes from green to yellow. He may guess that you are going on through. Don't get rear-ended.

Would a helmet have saved that 29-year-old man? At least his 9-year-old daughter had a helmet on. Even so, she was reported to have a fractured skull and internal injuries.

Sheriff's Dept. finally gets with it

Finally.... finally.... after how many days? the McHenry County Sheriff's Department is getting around to warning residents to watch out for gypsies and other burglars. Thanks to Kristin Ottolino of Marengo and County Board member Mary McCann for going to the sheriff's department, in person and unannounced, on Monday morning to raise (well, you know what ... rhymes with "bell").

The following is today's message from the sheriff's department. Hey, is it election time? Why is the sheriff claiming the spotlight? Is he even in town? It was the UNDER Sheriff who took the heat on Monday morning.

Sheriff Keith Nygren would like to advise residents of McHenry County of recent home repair scams that have been occurring in McHenry County. On August 19, 2011 in the 20700 Block of Ridgeview Lane in Marengo, Illinois the Sheriff’s Office responded to an incident where the elderly victims were distracted by the offenders who claimed that they were roofers. One offender distracted one victim outside of the property while another offender distracted the other victim inside the house pointing out things inside the house from room to room. After the offenders left, the victims realized money and personal checks had been taken.
McHenry County tends to have two common groups which are called “Self Proclaimed Criminal Travelers” and “Self Proclaimed Criminal Gypsies” work in our area. Both groups commonly will knock at your door, say that they were driving by, and noticed that your driveway or roof needs work. One person will commonly go to the door and distract the victim. While at the front door they may ask for more money, water, something inside the residence, or distract the victim to come outside. Once the victim is distracted, co-offenders will go into the residence and search for valuables or U.S. currency. Frequently this group targets residents who are elderly, or live alone.

“Self Proclaimed Criminal Travelers” are groups of people who scam through paving, rough repairs, barn painting, and lightening rod installations. “Self Proclaimed Criminal Travelers” usually drive impeccably clean pickup trucks with out of state plates, including the state of Wisconsin. Vehicles may have magnet signs attached with their company information with an out of state area code or 800 telephone number. Victims often describe the suspects as Caucasian or Irish. Victims also may enter into written contracts with the travelers and are promised life-time warranties.

“Self Proclaimed Criminal Gypsies” cons usually include seal coating, rough repairs, and replacement. Criminal Gypsies also use pickup trucks with seal coating equipment in the back. One price is often given at the estimate time, and when the job is complete you are told that you owe more money because they used more material than expected. Frequently the service is not professional in appearance and deteriorates over a short period of time or washes away. “Self Proclaimed Criminal Gypsies” often are described as Romanian, Yugoslavian, or may be described as Hispanic, and speak the English language with a heavy foreign accent.

Some suggestions to help protect yourself include: Do not have unsolicited work done on your residence. Implement the 1-2-3 rule. If someone wants to do work at your residence that was not solicited by you:
1. Wait one day to speak to family members
2. Wait a second day to speak to friends and neighbors about it
3. Wait a third day to see if they come back to push you to get the work performed

During the 3 day “waiting” period, contact a local reputable company to obtain a price comparison. Another rule to live by, if the deal sounds too good to be true, it probably is. Finally, if you have any questions or concerns, contact your local police or sheriff’s office immediately to obtain further assistance.
For full details, view this message on the web.

Sent by McHenry County, IL Sheriff's Office, 2200 N Seminary Ave, Woodstock, IL 60098

Bad mom? Haul her into court

Don't miss this morning's AP article in the Northwest Herald about a $50,000 lawsuit by two adult children against their mother.

Oh, for shame. Just look at what that mother failed to do for her children:

She didn't send "care packages" to her son when he was in college;
She wouldn't buy her daughter a homecoming dress;
She didn't tuck money into birthday cards.

The AP article says, "Cook County judge Kathy Flanagan previously said the lawsuit amounts to the siblings 'suing their mother for bad mothering'." Judge Flanagan tossed the lawsuit by the kids, but they appealed to the Appellate Court. The Appellate Court tossed it, too.

The kids were obviously deprived, having been raised by their father in a $1,500,000 home (or was it just a "house"?). An ABC News article said that the mother, Kimberly Garrity, had threatened to call the police on her son, when he was 7 and refused to buckle up.

What did she do wrong at that time? She should have called the police!

What's your take on this? Think the kids, Steven Miner, now 23, and Kathryn Miner, 20, are spoiled? Just a little? A lot?

Give me a break! Suing your mom because she didn't put money in a birthday card? The judge should have gone down the throat of the lawyer who filed that lawsuit. The judge shouldn't have any trouble finding him; he is the kids' father.

All this reminded me of the kid who told his boss, "Why don't you pay me what I'm worth?" To which the boss replied, "I would, but they have minimum wage laws in this state!"

OK, Mom. On the next birthday, glue a shiny penny onto each birthday card.

Feldkamp lawyers allowed to withdraw

This morning Judge Michael J. Sullivan allowed the law firm of Schmitt and Filler to withdraw from representing Scott Feldkamp as executor in the estates of John G. and Audrey Feldkamp. And that law firm withdrew its petitions for fees already charged to both estates.

Mark Gummerson was in court and at the bench, when Judge Sullivan granted the requests of the law firm of Schmitt and Filler to withdraw. When Judge Sullivan inquired about any Appearance filed by Gummerson, he was told it had been filed but apparently was not yet "in the system".

No explanation was given for the withdrawal of the petitions for fees, so it's open to anyone's guess how Schmitt and Filler will be paid its $8,700 for work on the two estates.

Schmitt and Filler organized their Marengo law firm in 1995, according to their website. On that website is this sentence: "The firm has a reputation for competency and integrity."

Drugs ... if they don't kill you, they'll destroy your life

After making it two years without another ticket, a 19-year-old got very unlucky on August 21. He got busted for possession of cannabis, possession of drug paraphernalia, and possession of an amount of a controlled substance, meaning a Class 4 Felony charge.

Caught by Wonder Lake Police was Joshua Velmont, middle son of a missing Woodstock woman, Beth Bentley. Of course, he is innocent until proven guilty. When you get caught with the goods, is it an uphill battle or downhill?

I had heard rumors of drug use, but who wants to malign someone based on a rumor?

With all the attention in the news about marijuana, cocaine and heroin, how do we get kids, young adults and adults to stop using? Using drugs has to be one of the most stupid moves ever. Do they think they aren't going to get caught?

But, even if they don't get caught, can't they figure out that snorting powder, downing pills, or shooting up just isn't a very smart thing to do?

When a person gets a public defender, it usually means he doesn't have any money. So where was he getting the money for drugs?

Judge Prather will hold a revocation hearing on September 14 at the 9:00AM call in Room 304. Bye-bye, driver's license.

Hopefully, this will be a strong wake-up call for young Velmont. He has a chance right now to turn his life around. Dump the drugs. Dump the drug-using and -peddling "friends." They aren't your friends, Josh. Turn your back on them right now. Period. All of them. If you know anyone who is using illegal drugs, get them out of your life. If you need to say something to them, just tell them you are taking back control of your life and choosing new friends and acquaintances who do not use illegal drugs (or use drugs illegally).

There is plenty of help around to help you succeed.