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Lauzen wants board vote on reimbursement for Van Dyke prosecution

Calling it a vote on government transparency, Kane County Board Chairman Chris Lauzen called on the full county board Wednesday to weigh in on a resolution seeking a reimbursement of all Jason Van Dyke prosecution costs from Cook County.

Under terms of a cooperative agreement authorized by state law, Kane County State's Attorney Joe McMahon was picked to manage the Van Dyke prosecution after the Cook County prosecutor recused herself under political pressure.

In recent months, Lauzen has repeatedly called on McMahon to provide a full accounting of the staff hours and expenses relating to the trial. Lauzen estimates at least $1.6 million in personnel salary costs. Wednesday marked the first time there was any suggestion that Cook County owes Kane County any money.

"I would like a good attempt to recover what some of the estimates are, even if it's $500,000," Lauzen said. "It's a huge number in our budget. Cook County has an enormous amount of resources. If we have the opportunity to ask and receive hundreds of thousands of dollars from the Cook County court system, I don't think your argument is against that."

The full county board vote won't happen until next Tuesday. The resolution drew mixed reviews.

Board member Drew Frasz said he is not opposed to hearing a report on the activities of the office to ensure that Kane County's legal needs have been taken care of during the Van Dyke trial. But other board members expressed skepticism.

Maggie Auger, who is an attorney, said she reviewed the state law empowering counties to get help from outside state's attorneys. She doesn't see any way Kane County can bill Cook County for the Van Dyke prosecution.

"It's a violation of state law," Auger said.

Theresa Barreiro said the resolution is just an extension of an ongoing political feud between McMahon and Lauzen. She believes Lauzen's call for a vote is an attempt to exact revenge upon McMahon. The two Republicans have clashed over bonuses McMahon paid to his employees, the unauthorized employment of an outside law firm by Lauzen and McMahon's defense of a $68 million lawsuit involving a drug treatment facility.

"This is a personal vendetta going back and forth," Barreiro said. "But this is a new low."

McMahon has spurned all of Lauzen's requests for information about the Van Dyke case as being beyond the chairman's authority. In a recent statement, McMahon said Kane County's involvement in the Van Dyke prosecution is an honor, not an unsettled bill.

"Out-of-pocket expenses related to this case are reimbursed 100 percent by Cook County," McMahon said. "Nothing is being borne by Kane County taxpayers. We have previously served as a special prosecutor in cases in other counties, and we will again. Likewise, other counties' state's attorney's offices have assisted us with prosecutions here, and they will again. Chris Lauzen has never complained about our office's special prosecutor work in other counties before. It's an affront to the justice system that he's chosen to do so in this case."

Joe McMahon
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