Files not linked to former Kane County jail chief
The city of Geneva does not have to disclose the personnel files of a rookie police officer fired months after she arrested the ex-chief of the Kane County jail for drunken driving, a judge ruled Thursday.
Judge Allen Anderson said the former officer's records are not essential to the criminal case involving Todd Exline, but he will review files from a police disciplinary panel to determine if they have relevance.
Attorneys for the sheriff's commander had sought the ex-Geneva officer's records to determine if she was fired in retaliation for Exline's controversial arrest June 29.
In late December, Susan Deuchler was fired near the end of her 18-month probationary period after failing an oral exam from her supervisors, the city has said.
"The police department has gone on the record to say that her dismissal was not relevant to the Exline case," Geneva attorney Charles Radovich said.
Exline, 47, of Aurora, was charged July 2 and has been suspended without pay, and a sheriff's disciplinary panel is considering whether to terminate the 26-year veteran of the department.
Sheriff Pat Perez has recommended Exline be fired for his actions during his traffic stop on Route 25 near the Geneva-Batavia border and internal violations that portrayed the force in a bad light.
Charles Colburn, a special prosecutor dealing with Exline's case, said he had no objection to keeping Deuchler's files private.
Exline's lawyers still want to review the city's Police and Fire Commission record of her firing to see if they contain details that might bolster their defense.
Exline was not required to take a breath test and was asked to do a field sobriety test on an incline instead of a flat surface and walk a crack in the road, instead of a straight line.
"We're still concerned that the arrest of Mr. Exline was unfairly different than any other arrest," Aurora attorney David Camic said.
Anderson could announce his decision on whether to disclose the additional police records when Exline's case is in court again April 18.
Prosecutor Kelly Orland, a passenger in Exline's vehicle that night, was suspended a week for poor judgment.