Judge to rule on McHenry Sheriff case later this month

A McHenry County judge is expected to decide on March 26 whether to appoint a special prosecutor to look into claims of misconduct made against McHenry County Sheriff Keith Nygren.

Judge Thomas A. Meyer on Wednesday heard arguments from attorneys representing the county and Nygren’s rival, Zane Seipler, who began his push for an investigation in early 2010.

William Caldwell, an attorney representing the county in the matter because Nygren is a county employee, argued that the law mandates a special prosecutor is only warranted when the state’s attorney has a personal interest in the case or is unable to prosecute a case.

“We say the allegations in this petition don’t rise to that level and, as a matter of law, the court should deny the petition,” Caldwell said.

Nygren fired Seipler from the sheriff’s department in 2008 after Seipler improperly wrote traffic tickets. An arbitrator ruled Seipler should be reinstated and only suspended three days, but Nygren is challenging that decision.

Nygren, who then defeated Seipler in the spring 2010 primary to the Republican nomination for sheriff, has not been charged with any criminal wrongdoing.

Seipler wants someone from the Illinois Appellate Prosecutor’s Office, which routinely prosecutes cases against police officers, to look into Seipler’s allegations of misconduct against Nygren.

Seipler’s initial complaint claimed Nygren unlawfully used his official letterhead and star logo on campaign literature, used his county office to take a photograph with a 2008 state’s attorney candidate he was backing and allowed that candidate’s campaign fliers in the department’s patrol room.

Blake Horowitz, attorney for Seipler, could not immediately be reached for comment Wednesday. Horowitz has argued in the past that a prosecutor from the Illinois Appellate Prosecutor’s Office would not cost McHenry County residents additional funds.

A different judge ruled recently that the county must pay more than $600,000 in attorney fees for two special prosecutors and a computer firm for work done in two misconduct trials against McHenry County State’s Attorney Louis Bianchi. He was acquitted of all charges last year.

Bianchi has removed himself and his office from the current Nygren matter, citing a conflict of interest.

Caldwell also argued that if Meyer grants Seipler’s petition, it could automatically exclude Bianchi from defending any another county employee that is being sued or prosecuted. “We think that sets a dangerous precedent,” he said.