McHenry County sheriff blasts Bianchi after report clears deputies
An Illinois State Police investigation has cleared McHenry County Sheriff's deputies of wrongdoing in connection with their 2008 arrests of a couple that ended with both in the hospital.
Sheriff's officials released a letter Friday from state police Cmdr. Terry Lemming stating that their inquiry into the March 14, 2008, incident found no evidence the deputies acted unlawfully.
"This investigation revealed no criminal acts were committed by your officers," Lemming's letter reads.
Undersheriff Andrew Zinke said the findings are a vindication, and ripped McHenry County State's Attorney Lou Bianchi for dismissing accusations the Nunda Township couple, Jerome and Carla Pavlin, attacked the deputies while they were trying to serve a warrant on the couple's son.
"It proves (the deputies) did their job and did it right," Zinke said. "Lou Bianchi should explain why he dismissed criminal charges against the Pavlins and subsequently convened a grand jury before an investigation into the facts of what actually occurred.
"The highly irregular act of investigating the office you represent as a client calls into question professional and ethical concerns," he added.
In a written statement, Bianchi responded that problems with evidence did not allow him to continue with the prosecution of the Pavlins. He denied that he convened a grand jury to go after sheriff's deputies on charges of wrongdoing.
"I believe the interests of justice required my office to dismiss the criminal charges against Mr. and Mrs. Pavlin," Bianchi wrote. "I continue to stand by that decision.
"(Zinke's) assumption that my office was pursuing criminal charges against McHenry County deputies is incorrect and not supported by the facts," he added.
Bianchi declined to comment further on the Pavlin case or Zinke's statements.
An attorney for the Pavlins called the results of the state police investigation into question because state police, as indicated by the letter, did not interview the Pavlins or their son. Although the letter states that the Pavlins would not cooperate, the couple's attorney said the Pavlins were out of state when state police sought to interview them and that they wanted to tell their side of the story.
"(The Pavlins) would have happily given a statement to Illinois State Police," said attorney Dan Kiss of Chicago. "(State police) basically talked to one side in the case, so we're not surprised they concurred with the officers."
Zinke also blamed Bianchi for a federal lawsuit the couple filed against the sheriff. The suit accuses the deputies of falsely arresting the Pavlins, using excessive force, illegally searching their home and conspiring to cover up their actions.
Deputies went to the Pavlin home on the 5200 block of Rita Avenue near Crystal Lake to arrest their adult son on a domestic battery charge. Authorities say the son, Carl Pavlin, answered the door then slammed it shut when he learned the deputies were there to arrest him.
Deputies followed him into the home. What happened next is in dispute.
Authorities say Jerome Pavlin, 81, spat in the eye of Deputy Kyle Mandernack. When Mandernack tried to arrest him, his 66-year-old wife, police say, jumped on the deputy's back.
According to the Pavlins' lawsuit, deputies Mandernack, Ryan Lambert and Trevor Vogel beat Jerome Pavlin after entering his home. When Carla Pavlin tried to stop the beating, the suit says, the deputies threw her against a granite countertop. Jerome Pavlin was treated and released after the altercation, but Carla Pavlin was hospitalized for several days for treatment of a back condition aggravated during the incident.
Both Jerome and Carla Pavlin were charged with aggravated battery to a police officer and resisting arrest. Bianchi dismissed the charges in July, citing multiple legal and evidentiary problems.
The dismissal spurred Nygren to ask the Illinois State Police to investigate the Pavlins' claims.