No new trial for ex-Gavin chief

The former Gavin Elementary District school board president will not receive a new trial on charges she illegally parceled out bids for contracts she approved, a judge ruled Thursday.

Barbara Mende was convicted in May of steering a contract to moving Gavin Central School furniture to a moving company and structuring the billing to avoid state bidding requirements.

Mende, who lost her position on the Gavin Elementary District 37 school board by virtue of her conviction, was acquitted of a more serious charge of official misconduct after a three-day trial in May.

Defense attorney Wesley Pribla said Thursday that Circuit Judge George Bridges' decision in the case resulted in inconsistent verdicts and should be thrown out.

Pribla argued that both offenses were based on the same action by Mende - her decision to hire 5-Alarm Movers on Jan. 12, 2006 to return Gavin Central equipment from its temporary location in Lake Zurich to its home base.

Bridges acquitted Mende of the felony charge of official misconduct, but found her guilty of felony illegal bid stringing.

Official misconduct carries a maximum penalty of five years in prison, while bid stringing is punishable by up to three. Both charges allow for probation and local jail time, which is the most likely penalty Mende will face.

Gavin Central was closed 18 months before the action because of structural problems, and classes were relocated twice because of the building's unreliability.

Pribla argued Thursday that Mende only acted to award the $13,000 contract to relocate the school's property by splitting it into two separate contracts for $6,500 each because similar action had been taken in another situation by a previous superintendent.

But Bridges barred any evidence of prior actions by school officials, saying they were not relevant to the steps Mende took.

Assistant Attorney General Edward Snow objected to a new trial saying the evidence was clear Mende could have been convicted of either offense.

Bridges said he would not reverse himself because Mende had not claimed she was unaware of the laws governing competitive bids for government contracts, which could have affected his decision.

He set sentencing for Sept. 16, and also ordered a pretrial hearing for a second case against Mende at the same time.

She is also accused of stealing more than $11,000 while working as the head of payroll for the Lake County Fair Association.