Judge upholds $1,000 fine on Cumbee defense lawyer

A McHenry County judge upheld a $1,000 sanction Wednesday levied against a defense lawyer who, she ruled, made baseless claims prosecutors hid evidence and suborned perjury during the 2003 murder trial of former Fox Lake cop John Cumbee.

Judge Sharon Prather rejected a request to toss out the fine, which she first handed down in February, and instead hold a hearing to determine whether the allegations made by defense attorney Daniel Mengeling have any merit.

In a five-page written decision, Prather said she did not need to hold a hearing because, as the judge who presided over Cumbee's 2003 trial, she already is well aware of the case's facts.

"The contention that the state suppressed evidence favorable to the defense and that the state suborned perjury are merely conclusory statements, unsupported by affidavit or other evidence and contradicted by the record," her ruling states.

The Woodstock-based Mengeling immediately filed notice he would appeal the decision, but he declined further comment.

He first made the allegations last year during an unsuccessful effort to win Cumbee a third trial on charges he murdered former girlfriend Kathleen Twarowski at his Spring Grove home in 1992. Cumbee, 50, now is serving a life sentence.

Shortly after Prather's initial ruling against Mengeling, about 30 local lawyers held a fundraiser at which they gathered about $1,200 to pay his fine.