Gift Horse

There is no truth to the rumor that a Russian bio-warfare lab developed COVID-19 to help the Trump Administration suppress the vote in the United States.  No, the GOP has been successful suppressing the vote the old fashioned way, by locking up voters.

In 2018, Lake County State's Attorney Michael Nerheim filed voter fraud charges against five Lake County voters:

"Through these investigations and prosecutions, we are hoping to send a message to the community that interfering with our election process, which is the core of our democracy, will not be tolerated," Nerheim said.
Five accused of voter fraud in Lake County

And as readers of this blog are aware ...

Home Court Advantage

Individuals who are registered to vote at a house owned by the Old Mill Creek Village President, voted there in 2019. Even though records indicate they reside in Lake Villa.

Are these voters being prosecuted by Michael Nerheim? Your LakeCountyEye checked the records:

Contributions Search - Contributed by Smith, Tempel - Received by Citizens for Mike Nerheim

Note to Ops: Message received loud and clear!

Home Court Advantage

A plague is ravaging Lake County, disrupting lives, and the voters want a remedy. Now.

Of course, by plague your LakeCountyEye means a plague of voter fraud:

Five Lake County residents face charges related to voter fraud stemming from the November 2016 election, authorities said.
Five accused of voter fraud in Lake County

Charges have been filed against voters in Beach Park, Mundelein, Riverwoods and Waukegan.  Lake County State's Attorney Michael Nerheim told the Daily Herald:

"Through these investigations and prosecutions, we are hoping to send a message to the community that interfering with our election process, which is the core of our democracy, will not be tolerated," Nerheim said.
Five accused of voter fraud in Lake County

But as readers of this blog are aware ...

Odd Bedfellows

there are other individuals, who are registered to vote at a house owned by the Old Mill Creek Village President even though records indicate they reside in Lake Villa. Why aren't they being investigated, let alone prosecuted, for casting 2019 ballots in Old Mill Creek?

One knowledgeable observer told your LakeCountyEye: "Oh come on, nobody commits voter fraud in Old Mill Creek."

Your LakeCountyEye will keep you apprised when further developments warrant.

Isn't That Special

There is no truth to the rumor that a Special Prosecutor will pursue battery charges against Mark Curan because Michael Nerheim would not be able to obtain a proper search warrant for wiretap evidence.

No, Lake County State's Attorney Michael Nerheim has declined to prosecute Lake County Ex Sheriff Mark Curran because of a "conflict of interest". Nerheim said ...

my office has already contacted the Illinois Appellate Prosecutor's Office. This is the organization that handles conflict prosecutions for my office. They have agreed to accept the case and are awaiting their appointment. There is a formal process that is required in order for a special prosecutor to be appointed. The process requires a judge to sign an order. I cannot present that order for signature, until I receive the complete investigation from the Grayslake Police Department.
Special Prosecutor to be Named in Mark Curran Battery Case

It is not known at this time if the order for a Special Prosecutor that Michael Nerheim will present to a judge will be thrown out by an appeals court.

Your LakeCountyEye will keep you apprised when further developments warrant.

Why They Call It Practicing Law

It has come to your LakeCountyEye's attention that you cannot eavesdrop on someone's phone call without first obtaining a proper search warrant. Who knew?

Not the Lake County State's Attorney, apparently.

A 2014 Lake County RICO case that resulted in 27 gang arrests was effectively thrown out by an Illinois court. The Court ruled that State's Attorney Michael Nerheim improperly secured search warrants for wiretap evidence:

"We affirm the trial court's suppression of the evidence derived from the wiretaps on the ground that the (state's attorney's) office simply failed to comply with Article 108B of the Code of Criminal Procedure," the appellate court's written ruling states.
'This destroys their case': Wiretap evidence banned in 2014 racketeering court proceedings, appeals panel rules

One reasonable facsimile of a spokesman said:  "When Michael Nerheim ran in 2016 he said he would put end to all of the wrongful convictions coming out of the Lake County State's Attorney office.  Well Michael Nerheim is making good on that promise. By hook or by crook."

Your LakeCountyEye will keep you apprised when further developments warrant.

Smoke and Minors

Lake County State's Attorney Michael Nerheim filed a lawsuit against a company deemed hazardous to children and which he likened to "dope dealers on a street corner". Nerheim filed the suit against the mosquito extermination company, Clarke. The suit seeks punitive damages against Clarke for spraying Lake County with chlorpyrifos, an insecticide that causes brain damage in children.

The suit alleges that those who are exposed to the chemical chlorpyrifos ...

have no idea they are ingesting "huge amounts of a highly addictive chemical and carcinogens," Nerheim said.
Lake County suing Juul over "predatory" marketing to teens

The suit calls the practice of spraying the chemical chlorpyrifos from pickup trucks and ...

other efforts a "smokescreen."
Lake County state’s attorney sues e-cigarette maker Juul Labs, accusing it of 'creating a public health crisis'

The suit exposes industry marketing and branding strategies that distract the public from the dangers of the indiscriminate use of outdoor insecticide foggers:

"You look at this new product, Mr Fog"
Lake County state’s attorney sues e-cigarette maker Juul Labs, accusing it of 'creating a public health crisis'

Regarding the true peril posed by insects, the suit says Clarke ...

"succeeded in creating a public health crisis in order to line their pockets with cash," Nerheim said a news conference Tuesday afternoon
Lake County state’s attorney sues e-cigarette maker Juul Labs, accusing it of 'creating a public health crisis'

Does a lawsuit against an extermination company with financial ties to Lake County expose the motives of a lone-wolf State's Attorney with ants in his pants to go to court in a big way? You decide:

Nerheim said he decided to move ahead without area counties because he didn't want to wait any longer.
Lake County state’s attorney sues e-cigarette maker Juul Labs, accusing it of 'creating a public health crisis'

Haha, j/k.

Michael Nerheim is not suing Clarke. The suit has been filed against e-cigarette manufacturer, Juul Labs.

2020 is an election year. 'Nuff Said!

Code Red

Candidate for Lake County State's Attorney, Michael Nerheim has got the blessing of some big guns ...

Note to Ops: Does anyone know Morse Code?

No Signature Required

Pop Quiz: Name one politician who said some things in the past that he shouldn't have, and surely regrets it now. The correct answer is Lake County State's Attorney Michael Nerheim -- who in 2014, took credit for a major racketeering investigation against a street gang:

"This case signifies a commitment to our new approach at tackling gangs, guns and drugs," Nerheim said. "We will continue to aggressively seek out and prosecute those that bring drugs and violence into our community."
Cops: 21 alleged gang members, associates busted in 'Operation Shut Down the Hustle'

Well that was then but this is now. That year-long RICO case (where 21 people were charged) may be falling apart -- because Nerheim failed to properly issue search warrants:

Lake County Judge George Strickland ruled prosecutors cannot use the wiretap evidence in trials because paperwork seeking the wiretaps was not signed by Lake County State's Attorney Michael Nerheim, as required by law. Nerheim said he didn't specifically sign each wiretap order, but he authorized the chief of his office's gang and narcotic unit in writing to obtain the wiretaps.
Wiretap ruling threatens case against reputed gang members

Whether this lack of due-diligence was the result of systemic incompetence or merely a random screwup, Michael Nerheim will be on the ballot in the November election. And voters can rest assured that there could very well be a simple explanation why Nerheim was unable to complete the necessary paperwork on a multi-agency investigation. Ten, by your LakeCountyEye's reckoning:

10 Plausible Excuses for Neglecting to Sign a Search Warrant

Unable to get out of jury duty. The robo-signature machine is on the fritz. These warrants are clearly stamped:   DO NOT SIGN DOCUMENT WITHOUT READING IN ENTIRETY An attack of the yips. Never signs anything unless a lawyer is present. Spent way too much time on his 2016 absentee ballot ... Got pranked with disappearing ink. Claims a long-term carpal-tunnel disability ... ... from signing a truckload of wrongful prosecution judgment checks. Brain fart.

Look for your LakeCountyEye crossing the T's and dotting the I's near you.

A Legal Vacuum?

Fresh on the heels of Wisconsin Governor Scott Walker dropping out of the race for Lake County State's Attorney, Mark Curran announced he would do the same. The Daily Herald said ...

Lake County Sheriff Mark Curran has ended his run for state's attorney, just weeks after announcing plans to challenge incumbent Mike Nerheim in the 2016 Republican primary.
Curran drops out of state's attorney race

Curran's announcement, for one, came as a surprise. As readers of this blog are aware, Sheriff Curran launched his hail-mary-pass campaign for State's Attorney only six weeks ago, declaring in a press release that ...

Mike Nerheim has done nothing to raise the caliber of the office. Today I made an opening statement, but I will be presenting evidence throughout the campaign that change is needed.
Throwing Good Money After Bad?

Those readers overcome by a sense of deja-vu may recall that Curran performed a similar flip-flop in 2013, on a decision to run for Illinois Attorney General:

Flippertigibbets

With Mark Curran now the last man out, there is no one left running for Lake County State's Attorney. One keen observer noted this could benefit the County in the long run: "If we quitclaim the State's Attorney office, Lake County will see considerably fewer wrongful conviction suits in the future."

Your LakeCountyEye will keep you apprised when further developments warrant.

Throwing Good Money After Bad?

A new bumpersticker observed today in Lake County:

HONK IF YOU ARE A CANDIDATE FOR STATE'S ATTORNEY

Haha, as readers of this blog already know ...

Wall of Silence

Lake County Sheriff Mark Curran surprised some people and said he will run against Lake County State's Attorney Michael Nerheim for the office of Lake County State's Attorney.

This surprised your LakeCountyEye -- who noted that Curran's political PAC ...

Friends of Mark Curran

has benefited from more than $1000 in donations from Michael Nerheim (or a family member):

Contributions List: Nerheim

In related news, Peoria Congressman Aaron Schock, who resigned in March, is being sued by a campaign donor:

A Chicago lawyer filed a federal racketeering lawsuit against former Illinois Rep. Aaron Schock on Wednesday, saying he was tricked into believing the young congressman was "a breath of fresh air" in a corruption-prone state but who instead intended to collect campaign money for personal use.
Donor sues ex-U.S. congressman Aaron Schock seeking reimbursement

It is unknown whether Nerheim plans to follow, erm, suit, and sue Curran to get his money back. If not, your LakeCountyEye does not think it would be from lack of legal resources.

Sources say the Curran election campaign remains unapologetic. "Sure they can get some guilty verdicts," one source told your LakeCountyEye. "But we'll get the money back when we file a counter-suit for wrongful conviction. Bring it on."

Your LakeCountyEye will keep you apprised when further developments warrant.

Wall of Silence

Note to Ops: If you need to dig up some dirt, the place to go these days is Waukegan. An underground tunnel is being dug in Waukegan, and will connect the County Jail with the County Courthouse. And as readers of this blog should know, construction mishaps have already resulted in the Long Grove sinkhole ...

Notes from the Underground

... as well as a ruptured sewage pipe & flooded county building basements:

Sticky Notes from the Underground

Well, OK, the second story is true.

Perhaps flush with success, your LakeCountyEye has learned that the excavators have now accidentally punctured the wall of silence -- the same wall of silence that isolates Lake County's divisions of government.

The first person observed taking advantage of the breach in the wall was Lake County Sheriff Mark Curran -- who announced today that he will challenge Michael Nerheim in 2016 for Lake County State's Attorney. According to the Daily Herald, Curran said ...

"Mike Nerheim has done nothing to raise the caliber of the office," Curran said in a news release. "Today I made an opening statement, but I will be presenting evidence throughout the campaign that change is needed." Curran said the Lake County state's attorney's office has been responsible for six wrongful convictions since 2010. Those cases include overturned convictions involving Juan Rivera, Jerry Hobbs, James Edwards and Benny Starks, Curran said, and noted the Rivera case resulted in the single largest wrongful conviction settlement in U.S. history at $20 million.
Curran says he'll run for Lake County state's attorney

Informed sources say the State's Attorney office has no plans to press charges against the construction workers who ruptured the wall. Or against Mark Curran. "Sure we can get some guilty verdicts," one source told your LakeCountyEye. "But this is Lake County. In the long run they will be suing us for wrongful conviction. Why bother?"

Your LakeCountyEye will keep you apprised when further developments warrant.

iFramed: Postscript

I've been posting stories here about Vince Testa, who believes he was wrongly convicted in Lake County of resisting arrest; and his efforts to see the misdemeanor conviction reversed. A Sun-Times newspaper, the Lake County News-Sun, has just published a story about Testa called, Man calls Case Review Panel a 'sham,' files lawsuit.

Testa had submitted his case to Lake County State's Attorney Michael Nerheim, who was elected on the promise that he would create an independent Case Review Panel to investigate past convictions. Nerheim accepted Testa's case but declined to overturn his conviction, without explanation.

In one story posted here called iFramed: Epilogue, I noted that the existence of a Case Review Panel in the State's Attorney's office actually raises more questions than it answers.  The recent News-Sun story about Testa does answer some of the questions I raised.

Regarding his Case Review Panel, Michael Nerheim told the News-Sun that ...

the eight-member panel does not hold public sessions or hearings on the cases. Rather he meets with the panel in roundtable discussions once evidence in the cases is reviewed.

He also told the News-Sun that ...

the panel was not intended to take the place of the appeals process, and that its review of cases is a "bonus" for those seeking to have their convictions reversed.

The News-Sun story did not elaborate on what Michael Nerheim meant by the word BONUS.

Q the Eye/09.15.13

Dear LakeCountyEye,

My new husband spends more time with the video poker machine than with me. Do you know any good divorce lawyers?

Empty House

Dear No Pair,

Anyone thinking about tying the knot in Lake County ought to consider a prenuptial agreement. You can download one free of charge from the Lake County Board website ...

Proposed Standard of Conduct for Appointed Boards and Commissions

But those who are contemplating a breakup should bear in mind how divorces get tried in Lake County. One unlucky soul caught in a divorce lost her home and was living in Wisconsin temporary accommodations when she asked the Lake County State's Attorney to investigate her husband for embezzlement. So, the State's Attorney did what would be expected of any Lake County State's Attorney. They found out she was displaced when she mailed in her 2012 absentee election ballot -- not unlike many snowbirds -- and, haha, charged her with illegal voting.

According to the News-Sun, this waylaid divorcee's ...

former in-laws are generous campaign contributors, having given nearly $35,000 over the past decade to the Lake County Republican Central Committee and various Republican candidates, according to the State Board of Elections Contributions List.
Woman charged with illegal voting in 2012 election

Lake County State's Attorney Michael Nerheim -- a Republican -- told the News-Sun ...

"I can assure you, it's not political."
Woman charged with illegal voting in 2012 election

Or, as they say in Lake County, marriage is not for the faint of heart.

So, before filing those divorce papers, you may want to shop around for a jurisdiction other than Lake County -- one where the judicial system is more sympathetic to a woman's rights. Like Yemen or Ethiopia or North Korea or something.

If you are an elected official, or a previously elected official, or just a private citizen under indictment, send your political questions to Q the Eye c/o ... LakeCountyEye@gMail.com

iFramed: Epilogue

I've posted a series of articles here about Vince Testa, the most recent was called iFramed: Case Closed.Testa's story may be a parable of how justice gets dispensed out of the office of the Lake County State's Attorney.

Mismanagement in that office made it the target of some recent nationwide negative publicity. Michael Nerheim became Lake County's new State's Attorney in 2012. A former prosecutor in the same office, Nerheim was elected on  promises that he would reform that same office. One promise was to create an independent Case Review Panel that would review past cases and could be instrumental in overriding convictions.

Vince Testa, who maintains he was falsely convicted in Lake County of resisting arrest, hoped to obtain exoneration from Nerheim's new Case Review Panel. Testa worked with the system, and his conviction was recommended to the Case Review Panel. But after that, Testa would discover that what had been advertised to be an independent and transparent process turned out to be instead guarded and secretive.

If you or I or anyone needed information about the Case Review Panel, we would first turn to the Lake County State's Attorney's website. But the only substantive information to be found there is a short blurb on a page named, Review and Advisory Board.

Case Review Board and Citizens Advisory Board were sworn in Feburary [sic] 21st, 2013 by Chief Judge Fred Foreman. The Case Review Board were sworn in as special Assitant [sic] State's Attorneys, and will be independent of the Lake County State's Attorney's Office. The Citizens Advisory Board is comprised of diverse community leaders in Lake County to bring a community perspective. All recommendations will be made to State's Attorney Mike Nerheim.

While this explanation may not seem very forthcoming, the Lake County State's Attorney office was even less forthcoming to Testa's inquiries. In his pursuit of justice Testa literally had to make things up as he went along. As things turned out, Testa was not permitted to contact the Case Review Panel. And when his appeal was eventually rejected by Nerheim, Testa was given nothing in the way of an explanation or a record of the deliberative process or even any indication that there had been a deliberative process.

Testa's case leaves more questions unanswered than answered.

Just what is the Case Review Panel?

Who is on the Case Review Panel?

When and where do they meet?

Have they ever met?

Are there minutes or records of meetings?

What is the process of getting a case in front of the Case Review Panel?

Has anyone ever been exonerated?

Can or has Michael Nerheim overridden a Case Review Panel recommendation?

If so, is there a public record of the act?

In what way is the Case Review Panel independent of Michael Nerheim's office?

To put it bluntly, Testa's journey through the Lake County justice system was the sort of bureaucratic nightmare that Kafka satirized. Michael Nerheim was elected on a promise that his Case Review Panel would introduce independence and restore transparency to his office. I haven't seen evidence of either.

iFramed: Case Closed

Four years ago, Vince Testa was charged and convicted in Lake County of resisting arrest. Both the arrest and conviction occurred under questionable circumstances.  Testa adamantly maintains his innocence, and there is video that supports his claim.

This year, Lake County State's Attorney Michael Nerheim made good on an election promise, and created a Case Review Panel.  The panel was to operate independently of Nerheim; and would recommend, back to the State's Attorneys Office, convictions that should be overturned.

Testa had sent his case to Nerheim after the election and requested a review. In March of this year, Testa learned from a Chicago Tribune article that Nerheim was sending his conviction to the Case Review Panel.

Nerheim offered Testa no guidance on how to proceed. He told Testa's attorney that lawyers would not be allowed to present evidence or argument before the Case Review Panel. Testa subsequently sent a letter and his evidence directly to each panel member. It was then that Nerheim contacted Testa, asking him not to contact panel members directly but to go through his office instead.

So, Testa backed off and hoped that Nerheim's panel would at least hear from Mr. Nerheim about his case. No such luck, apparently. On July 19 of this year Michael Nerheim sent Vince Testa a letter.

Nerheim told Testa that he was not going to override Testa's case. Nerheim offered nothing in the way of an explanation other than his decision was reached after careful consideration of the facts and the law.

On July 26, Testa contacted Nerheim and asked him to reconsider.

The citizens of Lake County elected you as States Attorney for the reform you pledged to put in place with your Review Panel. Your theme was that you would restore the public's confidence in the State's Attorney's office. "A prosecutor's job should not be to merely obtain a conviction -- a prosecutor's job is to seek justice," was your campaign slogan. In my case the record of the trial and the video clearly conflict with this theme. Even the newspaper articles about your Case Review Panel raise serious questions about my case. Based on the newspaper articles and editorials, even the reporters don't see these crimes that I was convicted of, to the point where one reporter was willing to state that the police lied in my trial. With that said, and with a proof positive video that there was no crime committed by me, this conviction should be vacated.

Six weeks later, and as of this posting, Vince Testa has heard nothing further from the Lake County State's Attorneys office.

iFramed: Declarations of Independence

When the Chicago Tribune endorsed Michael Nerheim in 2012 they said,

Nerheim tells us he has recruited a panel of volunteer former prosecutors, judges and attorneys to review high-profile cases to prevent wrongful convictions. [Nerheim's opponent, Chris] Kennedy, who served as an assistant state's attorney for four years, wants to form an in-house conviction integrity unit to prevent wrongful convictions. We think an independent outside board of volunteers would be more effective. Nerheim is endorsed.

Soon after Nerheim was elected Lake County State's Attorney, he was contacted by Vince Testa. As I reported last week on this blog, in iFramed: The Case Review Panel, Testa maintains he was wrongly convicted of misdemeanor resisting arrest in Lake County. Furthermore there is convincing video evidence supporting Testa's declaration of innocence.

Testa's case was among the first chosen, in early March, to be presented to the new Case Review Panel.  But despite assurances that theirs would be an open and transparent process, Testa received nothing in the way of guidance from the States Attorney's office on how to proceed.  By late March, Testa was asking his attorney to intercede on his behalf.

In my initial email to Mike Nerheim, and in two subsequent emails, I inquired as to the protocol of bringing my evidence to the review panel. I have not received a direct response as to what procedures should be followed, how to submit evidence, and whether or not this procedure requires an attorney. Understanding that protocol is paramount, and given that I have received no response from Mr. Nerheim in that regard, I would like you to inquire on my behalf as to how to proceed.

Eventually, Testa contacted the Case Review Panel directly, on April 10. He had to obtain the names of the panel members and their contact information from public sources.

Dear
My name is Vincent Testa. In July of 2010 I was convicted of battery to a police officer and resisting arrest from an incident that took place on Jan 19 of that year. I contacted Mike Nerheim in the first days of his term as Lake County State's Attorney asking for an opportunity to have my case reviewed (letter attached). I explained to Mr. Nerheim why I felt that my case deserved review, and I appreciate this opportunity to have the panel examine the record of my conviction.

Testa received a letter from Nerheim, seven days later on April 17, asking him not to contact the Case Review Panel Members directly.

In 2012, Michael Nerheim told the Lake Forest Patch,

I am the only candidate to call for a fully independent Case Review Panel to review old cases and convictions, and to develop protocols for the prosecution of cases with forensic evidence, including DNA, going forward.
[...]
While the Lake County State's Attorney's Office already has a conviction integrity unit to look at past cases and actively seek DNA testing to ensure the validity of convictions (which is similar to the proposal by my opponent), one of the key differences of my proposal is that the Case Review Panel that I propose will be independent of the State's Attorney's Office and will bring a fresh perspective and different set of eyes.

This raises an obvious question, at least in my mind. If ordinary people like you and I are forbidden from contacting Nerheim's independent Case Review Panel, then how independent is it in reality?

Michael Nerheim was elected Lake County State's Attorney on the promise that (unlike his opponent) his Case Review Panel would be independent of his office.  Vince Testa believed Nerheim in this regard, when he sought to obtain an exoneration via the Case Review Process.  Testa subsequently found out, though, that independence may depend on what your definition of independence is.

iFramed: The Case Review Panel

At the axis of Michael Nerheim's successful 2012 campaign was a promise to create a case review panel. Four months after he was elected Lake County State's Attorney, Nerheim selected the first five cases to send to his case review panel.  Four of the cases were felonies. One case, the Chicago Tribune reported, was Vince Testa's.

The only misdemeanor case is that of Vince Testa, who was convicted of battery and resisting arrest after a January 2010 confrontation with police at his home outside Libertyville in which he was shocked with a Taser on video camera. The footage shows the altercation that followed Lake County sheriff's officers' attempts to serve an arrest warrant on Testa's son.

The Chicago Tribune article had two significant observations. The first observation was that none of the cases that Nerheim selected involved DNA evidence. The implication was that without DNA evidence, none of the cases were likely to be overturned.

The Chicago Tribune also observed that along with three murders and a sexual assault, Nerheim chose to review Vince Testa's misdemeanor conviction for resisting arrest.

Why?

One reason is that on December 3, 2012, Testa petitioned Nerheim to review his case.

As I posted on this blog, in iFramed, there is compelling video evidence to believe that Testa was, to use an old fashioned term, railroaded by the Lake County justice system. The video evidence to this effect is available on Testa's website, which is also called iFramed.

If Michael Nerheim ever visited the website, or watched the video, he would have realized that Vince Testa was someone who, at the very least, believed he was innocent, and had taken a lot of time and effort to prove that to others. Testa wrote in his letter to Nerheim,

One of the main reasons we made the documentary was because we had a story we wanted to share with our fellow citizens in Lake County. We wanted our pain and frustration to serve as a warning to others so that they might protect themselves from what we have experienced. [...] Through telling our story we have been contacted by others who have had similar pain and grief, to varying degrees. Their reputations have been ruined, their spirits broken, their faith in our country shattered.

Despite only being a misdemeanor case, Testa's would have had the potential to be another high-profile embarrassment for the office of the Lake County States Attorney, and would probably need to be dealt with quickly.

There is no question in my mind why Nerheim selected Testa's misdemeanor conviction as the fifth case to send to his review panel.