Quick Hits – When Good Guys go Rogue

With all due respect to one of my least favorite Ward & Jones listeners (I kid you Jim!), covering a vast abrogation of a Kane County defendant’s rights is never “boring.” It’s one of the most important things we can possibly do.

They may come for you next, sir!

Government overreach starts right here. Kane County may well be the place where our rights get silently stripped away while we obliviously applaud the end result. And Kane County is the place it needs to stop.

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Joe Lulves

They may not have answered my questions, but it is encouraging to know that the inquiries regarding the “accidentally” obtained Daniel Rak murder case emails certainly caught State’s Attorney Joe McMahon’s and top prosecutor Joe Lulves’ attention.

How do I know this? Because I just spent a half-hour at the Circuit Clerk’s office obtaining an affidavit from Chicago’s Elijah Ltd, a company who specializes in “computer forensic data collections and investigations.”

You see, instead of doing the right thing and simply admitting they’re wrong, McMahon and Lulves doubled down on being “right.” They hired Elijah Ltd. to prove that SAO attorney Deb Lang did not read any privileged public defender emails.

This is one of those rare occasions where there are three vast ironies. First, unless you have a camera on them 24/7, you can’t “prove” somebody didn’t do something. Second, the fact that yet another party got their hands on those emails destroys attorney-client privilege a second time. And third, the affidavit actually proves everything I’ve already told you is true! (Read it right here affidavit001 )

At a time when folks seem to have lost faith in journalists, I can’t tell you how much Elijah’s support means to me! Meanwhile, let’s go over the details of that motion which generally fall somewhere between the truth and the kind of guesswork that gives “beyond any reasonable doubt” a really bad name.

 

1. They admit that Ms. Lang “accidentally” got ahold of privileged public defender emails.

But instead of summarily stopping that email review, deleting all the emails right then and there, and immediately reporting it to her bosses, Ms. Lang just kept going. That’s a special kind of arrogance that should mean the abrupt end of this case. As my co-host Larry Jones said, if a police officer got their hands on privileged information, the judge would toss the case faster than Milo Yiannopoulos from a bris. The officer could swear he didn’t read a thing til he was blue in the face and it wouldn’t matter. But all an SAO attorney has to do is wave a magic affidavit wand and it’s all good?

 

2. Ms. Lang deleted the emails – but NOT from the deleted items folder.

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Joe McMahon

So they sat on her computer from September 2, 2016 to January 5, 2017 for anyone to review. I may only play an attorney on TV, but even I know a chain of custody problem when I see one. Firms like Elijah Ltd. rely on catching regular folks red handed. I’m not saying it happened, but there are people at the Kane County IT department who could make your entire life disappear. Not even your wife would be able to find you!

 

3. Elijah Ltd. didn’t say a word about those PD emails NOT appearing in other threads

And that’s been my contention from the start. Even if Ms. Lang half-deleted every PD email upon seeing the header, that doesn’t mean she didn’t see that same email in the middle of another thread.

Furthermore, I submitted my questions to the SAO on Feb 23 and Elijah’s affidavit was submitted on Feb. 27.  They answered every single one of my questions but this one! You may not be able to prove that someone didn’t do something, but the failure to say something often speaks volumes.

 

4. “Although this does not conclusively rule out that the PD emails had been reviewed.”

That single statement, in Elijah’s own words, renders their entire affidavit worthless. To make matters worse, Elijah Ltd. adds, “If those files had been reviewed, saved and/or printed, there is a reasonable likelihood that the process of doing so would have left forensic residue…”

Yeah! And there’s a reasonable likelihood that my wife is gonna kick my sorry ass out any day now, but it never seems to happen!

Apparently Elijah believes this is a civil case where a preponderance of the evidence can carry the day. Unfortunately for the Kane County State’s Attorney’s office, criminal courtrooms don’t rely on probabilities.

Never mind that, though Elijah applied reasonable forensic methods, as a computer expert myself, I could effectively argue that their tools weren’t nearly up to this specific task all day long.

Once again! The bottom line is not whether SAO attorney Deborah Lang did or did not read those privileged PD emails. It’s that she could’ve read those privileged PD emails – as a result of a process initiated by State’s Attorney Joe McMahon, no less! And no one on this planet can prove she didn’t.

And that’s all that matters folks! The Rak case should dismissed because no defendant should have to face the full weight of the people and any “accidental” subterfuge on the part of the State’s Attorney’s Office.

If the laws are good enough for you and me, they should be good enough for the State’s Attorney too.  Let’s hope Judge Tegeler does the right thing and tosses this one. Trust me, I’ll keep you posted!

The 2/27/17 edition of Ward & Jones

…is right here!

 

Larry and I want to thank Jeff Meyer for filling in today and covering a number of subjects including:

  • Will AFCSME strike?
  • The appearance of email impropriety at the Kane County State’s Attorney’s Office
  • Why do some teachers risk their career over underage relationships
  • A great potential partnership between ECC and U-46
  • The merit (or lack thereof) of U-46 board members Cody Holt and Jeanette Ward continuing to harp on the transgender issue.

And we want to thank County Board Member Don Ishmael for listening to the show today! At least we know there’s one person paying attention!

Ward & Jones will be back Wednesday at 3 p.m. with Jeff and Elgin City Councilman having what will no doubt be a fascinating conversation! Until then…

 

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Quick Hits – February 26, 2017 – Part 1

It’s hard to do the right thing when you’re so busy covering your posterior!

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D304 Superintendent Kent Mutchler

The Geneva School Board has made it abundantly clear they won’t act. Top district officials are quieter than a clam with lockjaw. And the Geneva Police are already in full coverup mode. You see, Mayor Burns insists that everything’s always awesome in Geneva!

And what do you think the odds are they’ll actually let me speak at tomorrow’s D304 school board meeting. I’m sure one of Geneva’s finest will be on hand to make sure I don’t get a word in edgewise. All I can say is, it will be an interesting public commentary period.

More on this story as the week progresses!


 

Privileged emails? Not if you’re a Kane County public defender!

I am baffled as to why KC State’s Attorney Joe McMahon and top Prosecutor Joe Lulves fervently believe that gaining access to and clearly reading public defender emails isn’t a problem! And I know they think it’s not a problem because they’re the ones who set this very possibility up!

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KCSA Joe McMahon

So not only does a defendant have to face the full weight and vast resources of the people, but SAO staffers have had access to their attorney’s emails in 216 cases since 2013. And the SAO ain’t talking to me either.

The frightening thing is, all an SAO Attorney Deborah Lang has to do is sign an affidavit that she didn’t read a thing and the judge will pretend it never happened. But you and I both know that, if a police officer got ahold of privileged information, that case would be thrown out faster than CNN reporter from a presidential press conference.

Jeff Meyer and I will break this story on Tomorrow’s (Monday the 27th) Ward & Jones at 3 p.m.


 

You poor delicate conservative snowflakes!

First, Illinois Congressman Peter Roskam won’t face his constituents. Than that walking disaster known as Texas Congressman Louie Gohmert won’t hold town hall meetings because Gabby Giffords got shot at one.

Donald Trump

Never mind that she would’ve been fine if Republicans wouldn’t insist upon putting guns in the hands of the severely mentally ill.

And now Orange Man Group member Donald trump won’t attend the traditional White House Correspondents Dinner. The only President to miss that humorous gathering was Ronald Reagan in 1981. And he had a really good excuse – he’d just been shot!

The only word that accurately describes the President here is the female body part he so loves to grab.

Meanwhile, Elgin conservatives are such delicate snowflakes that they keep stealing a Black Lives Matter sign from the Unitarian Church on Highland. Poor babies! Someone has the temerity to disagree with them!

Ward & Jones, Monday at 3 p.m on AM1410!

That’s right! Ward & Jones has moved to Mondays, Wednesdays, and Fridays at 3 p.m. on WRMN AM1410. So please join me and ECC Trustee Jeff Meyer as we tackle the following topics:

  • It looks like ACFSME is gonna strike because Governor Rauner thinks negotiating means he gets everything he wants.
  • A serious email problem in the Kane County State’s Attorney’s Office affects 216 cases. I’m very disappointed in Joe McMahon.
  • Why do teachers risk their careers on underage boys and girls? It just happened again.
  • U-46 School Board Members Cody Holt and Jeanette Ward double down on the transgender non-issue because they have nothing else to say.
  • Jeanette Ward threatens a U-46 teacher over climate change. That’s nice!
  • Republican snowflakes won’t hold town hall meetings. I’d say they’re girls, but that would insult girls.
  • Jeff M. wants to chat about Accelerate Learning and Jeff W. thinks that ECC – U-46 partnership is a fantastic idea!

Where’s the only place you get this kind of in-depth local, northern Illinois, and Springfield news analysis? That’s right! Ward & Jones, Mondays, Wednesdays, and Fridays, at 3 p.m. on WRMN AM1410. Prepare to be enlightened.

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Jeff Meyer

The 2/23/17 edition of Ward & Jones

is right here…

 

And we certainly covered it all. From Milo Yiannopoulos, to charges in the Kenyon Woods case, to consequences at Huntley High School, to the Campton Hills rehab center, to Governor Rauner’s PMS.

Remember! Next week Ward & Jones goes to three days – Monday, Wednesday, and Friday at 3 p.m.

On Monday, Jeff Meyer and I talk about problems at the Kane County State’s Attorney’s office.

On Tuesday, Elgin City Councilman John Prigge joins me to discuss his campaign.

On Friday, U-46 School Board President Donna Smith and school board candidate Melissa Owen will join me in the studio.

Until then…

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Ward & Jones is coming up at 3 p.m.

It’s our last Thursday show! With the Smiling Conservative firmly back in the saddle we will discuss:

  • Is it the end of the line for Milos Yiannopoulos? Apparently the alt-right draws the line at pedophilia!
  • Charges are filed in the Kenyon Woods Middle School assault case
  • We got a copy of the Sembdner’s motion and it’s not as innocent as you might think
  • Jeff spoke with the McHenry County State’s Attorney and the Huntley High School Pamphleteer will not be charged.
  • The Kane County Zoning Board says “no” to the Campton Hills rehab center. But the fat lady hasn’t sung quite yet.
  • Governor Rauner doubles back after doubling back on the Springfield budget compromise.

And your on-topic calls at 847-931-1410.

Where’s the only place you get this kind of in-depth local, northern Illinois, and Springfield news analysis? That’s right! Ward & Jones, Mondays, Wednesdays, and Fridays, at 3 p.m. You don’t wanna miss this one folks!

 

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