Judge tosses out DuPage Co. sheriff defamation suit

A DuPage County judge threw out Sheriff John Zaruba's defamation lawsuit Thursday against the Daily Herald and a primary opponent over a pre-election political advertisement.

Circuit Judge Hollis Webster ruled the political flier inserted in some editions was not defamatory against Zaruba.

Webster also ruled the Daily Herald and Zaruba's Republican primary challenger, Tim Connell of Lisle, didn't act with malice when the flier ran a day before the 2006 primary.

"This whole mess is a tragedy of errors for all involved...," Webster said.

The judge also dismissed the case against Warrenville resident Michael Machowski, who admitted submitting the flier while campaigning for Connell.

Zaruba filed the lawsuit in March of 2007, alleging the advertisement inaccurately implied he broke the law and failed to enforce the law as sheriff.

Zaruba is now in his third term. He won the 2006 GOP primary against Connell with nearly 72 percent of the vote.