Wednesday, December 19, 2012

The Joy of Christmas - C.L. PD-style

The big, bad police department in Crystal Lake did some serious police work on Tuesday and wrote 20 tickets for seatbelt violations. Congratulations, guys. You really made a dent in crime in Crystal Lake.

Your bravery and hard work are appreciated by all the citizens.

Yeah, sure...

And their hard work and serious crime-fighting efforts will continue for two weeks.

If you think such a program sucks, do two things: call the Crystal Lake PD at 815.459.2020 and shop in Woodstock or McHenry or Algonquin or Lake in the Hills or Huntley or Cary.

Oh, a third thing. Call the managers and owners of the stores in Crystal Lake where you would have shopped and tell them why you won't be in.

Seatbelt compliance in Illinois is at record levels. On August 31 "Gov. Pat Quinn announced ... that Illinois has achieved an all-time high seat belt usage rate in 2012." (Galesburg.com) With the mark at 93.6%, why is Crystal Lake PD throwing overtime at officers to stand in the roadway and flag over the very few violators that pass? And do they create more of a hazard by doing so?

Sgt. Dan Hulata was quoted in the Northwest Herald article: "You'll see cars weaving [while they're putting on their seat belt] as they get pulled over."

The Crystal Lake P.D. could place an electronic sign on the side of the road with a message "Buckle up or else." Maybe with a couple of orange warning flags or an orange rotating light to attract attention (but not distract drivers). They could put one $15.00/hour community service officer on the street by the sign to wave at passing drivers.

The P.D. advises this morning that the tickets carry a fine of $60.00 and are handled at the McHenry County Circuit Court. Now there is a good use of that big brick building in Woodstock and all those wonderful County employees on the taxpayer-supported salary and benefits schedule. Of course, if you go to court to fight it, then you'll lose a morning's pay and you'll incur $200 in court costs, if you lose. Not a good gamble; right?

The P.D. scarfs up big bucks from the Feds for this stupidity. In many departments officers work overtime, which means in the area of $60.00/hour for each officer standing out there in the cold and the snow.

And it's not just Crystal Lake P.D. It's just Crystal Lake P.D. this week. Almost every department does this.

What a waste!

Start your own GFZ

Like the guy says, "You don't have to be a lawyer so start your own Gun Free Zone."

Hate guns? Think guns are the problem in America?

Check this out:


Pass it on. Just use the little white envelope below to forward this to your gun-hating friends.

Tuesday, December 18, 2012

Cook County Jail lowers phone costs

Cook County Jail has done what inmates in the McHenry County Jail and all over the State of Illinois would like - lower phone call costs.

The Chicago Tribune reports that the first, free call length will triple to 15 minutes.

Inmates pay a connection fee and then a per-minute rate to make phone calls. At the McHenry County Jail, phone calls to Woodstock are a flat-rate of $2.50 for 20 minutes.

At Cook County Jail, an inmate will pay $4.00 for a 15-minute call (compared to the current rate that could be as high as $9.99). A 30-minute call could cost $7.00


When an inmate uses a prepaid calling card, the new connection fee will be $1.00. That's $2.00 lower than the current connection charge.

It is way past time for the McHenry County Jail to stop gouging inmates on phone calls. When inmates buy a calling card in the Jail commissary, 50% of the cost is rebated to the Jail, where it goes into the Inmate Profit Account. Thus, $20 dropped on a phone card means $10 falls in the "Profit Account."

Last time I checked, there was a $75,000 balance in that non-interest bearing checking account of the Inmate Profit Fund. And that was after the purchase of three laptops - the good ones - the Panasonic Toughbooks like are used in field equipment (tanks, jeeps) in the Iraq War. I think $15,000 was blown on those three laptops.

Dismiss gun control rhetoric

The Illinois State Rifle Association issued this press release on Sunday. 

A MESSAGE TO ISRA MEMBERS REGARDING THE RECENT EVENTS IN CONNECTICUT

Like all people of good conscience Illinois’ 1.5 million law-abiding firearm owners are shocked and saddened by the crime that took place recently in Newtown, Connecticut.  The families of the victims are certainly in our thoughts as they work through the anguish that accompanies the sudden and violent loss of a loved one.

The heartfelt compassion we feel for the victims of this crime is matched only by the deep disdain we feel for Governor Pat Quinn, Mayor Rahm Emanuel, Mayor Michael Bloomberg and the rest of the political opportunists who have swooped down on Newtown like a flock of vultures hungry to devour the 2nd Amendment.

The echoes of the sirens had hardly faded when Quinn and other gun control extremists hit the airwaves calling for the passage of legislation that would effectively abolish the 2nd Amendment to our Constitution.  Law-abiding gun owners have grown used to being blamed for the misdeeds of others and we’re equally used to mounting effective defenses against those who would deny us our rights.

In the hours since the horror, we’'ve learned a lot about the Newtown killer with sadly familiar patterns emerging.  As has been seen in mass shootings dating way back to Laurie Dann, the Newtown killer was apparently a mentally ill young person whose wealthy family insulated him from reality until he decided to create his own reality – at the expense of more than two dozen innocent people.

As more facts in the case come to light, we also see a familiar pattern of warning signs leading up to the murders.  It has been reported that the Newtown killer left telltale messages on social media sites and had been involved in a heated altercation at the doomed school only days before.  Furthermore, we learn now that, in the week before the murders, the killer had attempted to purchase a rifle but the sale was denied because he could not pass a background check.

In this case, it may be said that gun control “worked.”  Denied legal access to firearms, the deranged killer murdered a legal firearm owner, stole several of the victim’s guns, and exacted his idea of revenge against nearly 30 innocent people.  The pieces of the equation that did not work were the social institutions that are supposed to prevent mentally ill individuals from becoming a menace to themselves and others.

Of course, the gun control movement is trying to sell the notion that the Newtown crimes somehow share a direct link to the free exercise of 2nd Amendment rights.  The gun controllers would have the public believe that the killer was just a typical “gun guy” and that every gun owner represents a spree killing just waiting to happen.

Such is the logic that will fuel the gun control movement’s latest onslaught against your gun rights.  As you read this message, gun-grabbers like Pat Quinn, Rahm Emanuel, and Michael Bloomberg are formulating legislation that would result in the banning and confiscation of nearly every firearm you own.

In the days and weeks ahead, you will hear a lot of talk about the need for a dialog on so called “gun violence” as well as a need for compromise to seek common ground on gun ownership.  Don'’t be confused.  Such talk is just meant to soften you up for a serious curtailment of your right to keep and bear arms.

You, the law-abiding Illinois firearm owner, may rest assured that the Illinois State Rifle Association will be standing firm to preserve and protect your gun rights.  We absolutely will not allow you to be lumped in with psychopathic murderers.  The ISRA will not allow you to take it on the chin because liberal social engineers have created a climate where we are expected to learn to live with sociopaths rather than forcing the sociopaths to live by our rules.

Likewise, the ISRA will not engage in any “dialog” in which lawful firearm owners are expected to accept blame for what happened last week in Connecticut.  We will not be party to any sort of “compromise” that limits free exercise of your 2nd Amendment rights nor limits the types or numbers of firearms that you may own.  At this time, the only thing we’re really interested in discussing is the immediate passage of concealed carry in Illinois as per the recent court order.

The Connecticut murders have delivered an insult to our nation’s sensibilities and our culture.  In the aftermath of such events, people seek explanations for things that cannot be understood by rational individuals.  Sadly, politicians are eager to step in and fill the void – offering solutions that promise little more than a boost to the politician’s career.

It’s easy for politicians like Governor Pat Quinn to stand up and pound the lectern while calling for the ban and confiscation of semi-automatic firearms.  But Quinn and his ilk would do well to remember that there are about 1.5 million firearm owners in Illinois.  Of that 1.5 million, most own one or more firearms that would be banned under the knee-jerk proposals being floated post-Newtown.  Enactment and attempted enforcement of such a gun ban would serve only to divide a divided nation even further.  The cost of enforcement would be enormous in terms of resources and unintended consequences.  The nation must ask itself just what price it is willing to pay to attempt enforcement of laws that do nothing more than give politicians a moment in the limelight.

If ever there was a moment where law-abiding gun owners need to get involved to preserve and protect their rights, it is now.  The ISRA is urging all Illinois firearm owners to contact their state representatives and state senators and deliver the message that lawful firearm owners will not play the role of scapegoat and thus will not sit idly by while their rights are being curtailed.  Remind them that their job is to protect the fabric of society, not the moths that would seek to destroy it.  If you do not know how to get in contact with your state representative or state senator, please visit the Illinois State Board of Elections website below:

Illinois State Board of Elections Legislature Search

As we have said many times before, gun control is a disease and you are the cure.  We'’re about to face an epidemic of attempted gun grabs.  Be prepared and arm yourself with the resolve to uphold that which so many brave men and women have died to defend.

What is Official Misconduct in Illinois?

What is the definition of Official Misconduct in the great State of Illinois? You've got to read this one. Remember, now; it was created by our legislators...

(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
    Sec. 33-3. Official Misconduct.) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he commits any of the following acts:
        (a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or
        (b) Knowingly performs an act which he knows he is forbidden by law to perform; or
        (c) With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or
        (d) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.

    A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his office or employment or position as a special government agent. In addition, he commits a Class 3 felony.

After you get done chuckling over the wording in (b) "Knowingly performs an act which he knows ...", try to guess what wizard wrote that one?

OK, so where in the law does it say that a public employee (let's say, an Undersheriff) must fulfill the duties to which he is sworn? Does it say that anywhere?

Does it say anywhere in the law that a law enforcement officer shall do nothing to interfere with an investigation into a crime?

Was there a lawful, mandatory duty for Zinke to keep his mouth shut about the DEA investigation?

Certainly, the lawyers and criminal investigators know or ought to know what law was broken by Zinke's revealing a confidential DEA investigation to the owner of a possible target business of the investigation.

If not Official Misconduct, then what other law?

Can it really be possible that there exists no law in Illinois that criminalizes such a disclosure? Then why don't cops all over the state (even in Chicago or Berwyn or Cicero or Harvey or Justice) just tell crooks (and suspects and interested parties) that the cops are on the way? Or do they?

OK, so the State's Attorney is taking a pass. The press release doesn't mention the opinion of the Illinois States' Attorneys Appellate Prosecutor. What did ILSAAP think of Zinke's disclosure? Were they willing to take the case, but the McHenry County State's Attorney wouldn't pass it to them?

The State's Attorney called Zinke's disclosure "alarming and problematic matter" and one for Sheriff Nygren to resolve.

Well, I guess that takes care of that. Next?

State's Attorney blinks on Koziol

The following press release was issued by the McHenry County State's Attorney

PRESS RELEASE

December 18, 2012
FOR IMMEDIATE RELEASE:

Deputy Sheriff Sergeant John Koziol brought forth allegations that Undersheriff Andrew Zinke committed a crime when he violated multiple General Orders of the McHenry County Sheriff.  The allegations were presented in a Petition, with a supporting sworn Affidavit, to appoint a Special Prosecutor.  It was filed in the McHenry County Circuit Court by and through his attorney, Jonathan D. Nye, on October 30, 2012, alleging that the violations of multiple general orders constituted the commission of Official Misconduct, a Class 3 Felony (720 ILCS 5/33-3) (b) (c) which carries a term in the Department of Corrections from two to five years and a maximum fine of $25,000.  Subsequently, on November 2, 2012, the Petition was heard before Judge Thomas Meyer and denied.  We immediately initiated an investigation and requested the Office of the State’s Attorney Appellate Prosecutor to make themselves available for assistance and/or consultation.

After an investigation and review, it is the conclusion of the State’s Attorney’s Office that even if all of the facts as set forth in Sergeant Koziol’s Petition and Affidavit were true (that is, the purported leaking of the DEA investigation by Undersheriff Zinke), such conduct is not illegal under Illinois law.  While some may consider the dissemination of what would appear to be highly confidential and sensitive information an alarming and problematic matter, such conduct does not violate the Official Misconduct Statute.  Accordingly, the question of whether the allegations were true and whether the information was disseminated is a question for Sheriff Nygren to investigate and make a determination.  In short, whether or not the Undersheriff violated the general orders of the Sheriff is a question for the Sheriff to resolve.

The Supreme Court of Illinois, in People v. Williams, 239 Ill.2d 119, 940 N.E.2d 50 (2010) made it clear that a police department’s rules and regulations (i.e. Sheriff’s General Orders) are not laws and therefore any violation of such rules do not and cannot support a charge of Official Misconduct.  In Williams, a police dispatcher was accused of leaking information to another person about a drug investigation.  The Supreme Court stated:  “[ ] we emphasize that our holding should not be interpreted as an approval of defendant’s conduct.  The conduct here is certainly troublesome and unjustifiable.  We hold that defendant did not commit the offense of official misconduct only because the confidentiality rules at issue here cannot be construed as ‘laws’ under the statute.”  Williams, 239 Ill.2d at 134.

Proud NRA member

The NRA has my support.

I've got news for Pres. Obama, Gov. Cuomo, Mayor Bloomberg, Gov. Quinn, Mayor Emanuel, Illinois Senate President Cullerton, Illinois House Speaker Madigan. There is a reason for the NRA. It helps us to protect ourselves against you.

Any one of you can come to my door at any time, and we can have a polite conversation. Come on in armed, if you want to. No problem. I don't expect to be afraid of you. Don't get upset if I'm armed. I won't harm you. Leave your goons in the parking lot.

And those idiots marching on NRA headquarters today? They should stop and think what protects their right to gather (peaceably) and storm around shouting and waving their signs? The First Amendment.

And what guarantees the First Amendment? The Second Amendment. I wonder if they have ever thought of that?