Judge kicks Nygren probe to Bianchi, who cites conflict
A McHenry County judge Wednesday decided against appointing a special prosecutor to investigate allegations that Sheriff Keith Nygren used taxpayer resources on his re-election campaign in 2008, instead punting the issue back to State’s Attorney Louis Bianchi.
Judge Thomas A. Meyer dismissed the petition filed by Deputy Zane Seipler “with prejudice,” meaning if Seipler want to further pursue the issue, he must go to an appellate court.
Meyer said that Bianchi does not have a conflict of interest — contrary to Bianchi’s previous testimony — and could in fact investigate misconduct allegations against Nygren.
“The judge has paved the way. He gave (Bianchi) a golden ticket,” Seipler attorney Blake Horowitz said after the ruling. “The ball’s absolutely in Lou’s court. Whether or not he chooses to prosecute people for crimes is up to him.”
Bianchi, who testified two weeks ago that he believed he had a conflict of interest in the case because his office represents Nygren in several civil lawsuits, did not respond directly to whether his office would investigate Nygren. “With all due respect to the judge’s opinion, I still believe I have a conflict,” he said, declining to answer questions. “I cannot represent the sheriff in the morning and investigate him in the afternoon.”
Seipler’s initial complaint in 2010 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.
Seipler, who was fired and then reinstated after improperly writing traffic tickets in 2008, unsuccessfully ran against Nygren in the 2010 Republican primary. A message for him was not immediately returned.
Horowitz said he did not know if he was going to appeal Meyer’s ruling, in which the judge alluded to Bianchi’s office charging a McHenry County Sheriff’s Department sergeant earlier this year with predatory criminal sexual assault.
Gregory Pyle, 36, of Crystal Lake, faces to six to 30 years in prison if convicted. The 10-year department veteran is on paid administrative leave and is free on bond while his case is pending. Pyle is next due in court on May 25.
“If (Bianchi) wants to (investigate Nygren), he can do it,” Horowitz said. “It’s up to him and he doesn’t need a private citizen to do it, i.e. my client.”
McHenry County officials have been stung in the past — at least financially — with the appointment of special prosecutors.
The county is appealing the $600,000-plus bill from Henry Tonigan and Thomas McQueen, who were two special prosecutors in two criminal misconduct trials in 2011 against Bianchi.
The Crystal Lake Republican was acquitted halfway through both trials and is now suing for malicious prosecution and conspiracy.
“The county is very happy it does not have a special prosecutor,” said William Caldwell, an attorney representing the county in the Nygren matter, after Meyer’s ruling. “It’s done. Anything from now on would have to go to the appellate court.”
The ruling does not end all of Seipler’s legal action against his boss. Seipler filed a federal lawsuit against Nygren charging him and the department with racial profiling.
That case is due in court again in Rockford on May 23.
Investigation: Bianchi still believes he has a conflict of interest