Dispute arises over Avon Township file deletion

Former Avon Township supervisor Shirley Christian wants to pay for computer damage prosecutors say was caused by accidental file erasure just before she left office, but her attorney says nothing can happen until itemized bills are produced.

Dean Kharasch, an investigator in the Lake County state's attorney's cyber crimes division, said Monday there were no criminal intentions in the computer file destruction. Still, he said, Christian agreed to a suggestion by prosecutors to repay Avon Township for the damage.

"There wasn't enough proof to show there was intent to wipe out the entire operating system on the computer," Kharasch said.

Christian's lawyer, Rudolph Magna, said he questions whether she owes $2,000 as claimed by the new Avon Township regime led by Supervisor Sam Yingling.

Magna said a letter from township attorney Gerald Dietz sent last week demanding restitution to taxpayers isn't enough. He said specifics about the expenses are needed so he can study them and recommend what Christian should pay.

"Government is supposed to serve the people," Magna said. "They're dictating that you owe this."

Dietz wrote the Sept. 29 invoice letter to Christian at the instruction of the state's attorney's office. Prosecutors began looking into the computer file destruction at Yingling's request after he took office May 18.

Yingling said the $2,000 in restitution for repairs to the destroyed computer, a replacement model, file restoration from backup tapes and legal fees are due from Christian to township taxpayers this week.

However, Magna said the issue isn't that simple.

Magna filed a Freedom of Information Act request with the township Oct. 2 seeking all bills paid related to the computer damage caused by the file deletion. He said the letter only offers bullet points such as: "Legal fees incurred by the township - $800 flat fee."

"We need some invoices," Magna said. "Just back up the claim you're making."

Christian has said all of the files on the township supervisor's computer were inadvertently destroyed by her daughter and a friend with a program that was more powerful than expected before she departed office.

She said she only meant to delete e-mail addresses and other personal information.

In a document issued at a public meeting in June, Yingling wrote Karen Christian-Smith and Gregory Koeppen used Active@ KillDisk hard-drive eraser on the supervisor's computer. KillDisk destroys all data on hard and floppy drives.

Koeppen is the Lake County Farm Bureau's manager and was treasurer for Christian's political slate, Committee to Elect Avon One. Christian-Smith is executive director of the Grayslake Area Chamber of Commerce, a post formerly held by her mother.

Avon Township includes all or part of Grayslake, Hainesville, Third Lake and the Round Lake area.

Dietz's letter states the topic of Christian's restitution will be on the township board's Oct. 19 meeting agenda. He said the elected officials will explore legal options to get the cash from her at that time, if necessary.