Judge sides with detectives on parts of Gauger lawsuit

Siding with a trio of former McHenry County Sheriff's deputies, a judge Friday ruled out two portions of exonerated death-row inmate Gary Gauger's lawsuit claiming he was framed for his parents' 1993 murders.

The decision by Judge Maureen McIntyre bounces parts of Gauger's lawsuit claiming the detectives falsely arrested him for the slayings later pinned on members of motorcycle gang and intentionally inflicted emotional distress on him.

The ruling is a victory for the detectives, though perhaps a minor one because, under a previous McIntyre decision, a third portion of the suit claiming malicious prosecution remains pending.

Gauger, of Richmond, sued ex-detectives Beverly Hendle, Gene Lowery and Christopher Pandre in 2003, claiming they conspired to accuse him of a murder he did not commit.

The suit claims the detectives obtained a false confession from Gauger and misled prosecutors about the strength of their case, ultimately leading to him receiving a death sentence for the killings.

Gauger was freed from death row in 1996 after federal authorities investigating the Outlaws Motorcycle Club uncovered evidence tying two of its members to the slayings or Morris, 74, and Ruth Gauger, 70, on the family's Richmond-area farm.

In 2002, then-Gov. George Ryan pardoned Gauger.

His lawsuit, which also lists McHenry County as a defendant, seeks undisclosed damages of at least $50,000. McIntyre's ruling Friday should not affect his ability to collect those damages if the suit proceeds to trial and Gauger wins, his attorney, Thomas J, Henehan, said.

The case is scheduled to return to court Oct. 17 for a pretrial status hearing. No trial date has been set.