Quick Hits – Tomorrow, the Kane County State’s Attorney loses in court!

Quick Hits – Tomorrow, the Kane County State’s Attorney loses in court!

It’s finally time! I’ve been working on acquiring those 255 pages of sexual harassment documents against just one former KCSAO prosecutor for 13 long months now, and the case heads to court tomorrow!


For those interested in attending – virtually all court proceedings are public – here are the details:

Location:         Kendall County Courthouse, 807 John St., Yorkville, IL

Courtroom:     116

Judge:            The Honorable Melissa S. Barnhart

Date/Time:      November 6, 2019 at 1 p.m.

Please remember that entering a court building means going through security, so adjust your wardrobe and pocket/purse contents accordingly. There shouldn’t be a long court security line in in the afternoon, but you never know.

With no testimony involved, the hearing will proceed directly to final arguments with me, the plaintiff, leading off, and attorney Pat Kinnally following up on behalf of the respondent, Joe McMahon.

Because the burden of proof generally lies with the plaintiff, not only do I speak first, but I will have the opportunity to respond to opposing counsel’s argument. The irony being, given the nature of the FOIA statute, the burden of proof falls squarely on the respondent’s shoulders. And having two opportunities to make my point will certainly be somewhat of an advantage.

Judge Barnhart may rule directly after the case; she may take some time to deliberate and rule later that afternoon; or, what will most likely happen, she will take it under advisement and set a date to issue her ruling.

But I’m convinced that won’t be the end of it. With the law and the precedent overwhelmingly in my favor, when I do prevail, I’m convinced the KCSAO will take it to the Second District Appellate Court. That means, if they don’t reject it outright – the most probable scenario – I may get to argue it in front of an appellate court panel.

And wouldn’t that be something!

Meanwhile, with the exception of a brief synopsis if the judge makes an immediate ruling, as you might imagine, there will be no Quick Hits tomorrow. But I will most certainly be covering the proceedings in Thursday’s Quick Hits.

As I like to say, good journalism should still mean something. Here’s to proving that!


4 thoughts on “Quick Hits – Tomorrow, the Kane County State’s Attorney loses in court!

  1. Good luck.

    As I’m sure you’re aware, Illinois has undoubtedly the lousiest, most loophole-riddled FOIA statute in the 50 states. I’m always impressed, and heartened, when someone actually manages to get somewhere with it.

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