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Roofing company seeks to dismiss customer’s breach of contract suit

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A roofing company accused of breach of contract seeks to dismiss the lawsuit alleging it failed to perform any work after a customer had already paid more than $23,000.

Cherry Y. Bell filed her Aug. 5 lawsuit against Johnson’s Roofing and Derrick Johnson for breach of contract.

According to the complaint, Bell signed a contract with Johnson’s Roofing and provided $23,795 for obtaining the building permit and executing the job.

However, Bell claims the defendants have failed to obtain a permit and have yet to perform any work.

She seeks damages in excess of $50,000, plus a refund of the $23,795 in addition to reasonable attorney fees and court costs.

The defendants filed a motion to dismiss the complaint on Sept. 8 through attorney James Clayborne of Clayborne, Sabo & Wagner in Belleville. They argue that dismissal is appropriate because the plaintiff failed to attach the contract at issue or failed to attach an affidavit explaining why the document is not accessible.

“The rights, duties and obligations of the Plaintiff and Defendant are determined by the contract entered into between the parties and the Plaintiff failed to attach said contract,” the motion states.

St. Clair County Associate Judge Randall Kelley scheduled a status conference for Oct. 21 at 8:30 a.m.

The plaintiff is representing herself pro se.

St. Clair County Circuit Court case number 15-L-443


Belleville school district seeks to dismiss suit alleging disabled boy fell down stairs

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The Belleville school district claims the boy’s mother failed to show it had a duty to supervise the boy who allegedly wandered off in a gait trainer and fell down the stairs.

Rachael Rodowich, as mother of minor Leonard Joseph Rodowick IV, filed a lawsuit on Aug. 10 against Belleville School District No. 118 and the Belleville Area Special Services Cooperative.

According to the complaint, the boy was attending school in Belleville in a special needs class on May 12 while using a gait trainer. The plaintiff claims the boy was allegedly unsupervised and was able to travel across the room and fall down the steps.

Rodowich alleges her son was injured as a result of his fall. She claims the defendants failed to supervise the boy, failed to provide adequate equipment and failed to inspect the equipment to ensure its safety.

Belleville School District 118 filed a motion to dismiss the complaint on Sept. 17 through attorneys Barney Mundorf and David Mannix of Guin Mundorf in Collinsville, alleging immunity under the Local Government and Governmental Employees Tort Immunity Act.

The defendant also claims dismissal is appropriate because the complaint fails to allege sufficient facts to show the alleged injury was foreseeable and fails to allege sufficient facts to show the school district had a duty to supervise the minor.

The plaintiffs seek damages of more than $200,000, plus legal costs.

The Rodowichs are represented by Daniel K. Juncker and Kevin Boyne of the Daniel K Juncker law firm in Belleville.

St. Clair County Circuit Court case number 15-L-450

Man convicted of aggravated battery to child dismisses defamation suit

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A man convicted in January on four counts of aggravated battery to a child has voluntarily dismissed his defamation suit against Madison County State’s Attorney Tom Gibbons and another individual for statements they made on TV and social media regarding the case.

Kamryn Kerr filed the lawsuit on Sept. 8 in Madison County Circuit Court against Gibbons and Peggy Wethington.

Wethington is the mother of the child.

According to Kerr’s complaint, during a Sept. 9, 2014, interview on KMOV TV Channel 4, Gibbons allegedly said Kerr severely beat his newborn baby, which the plaintiff claims was not true. Kerr says Gibbons also told additional media on two other occasions that the plaintiff broke his newborn baby’s ribs.

Kerr alleges Wethington made claims on Facebook that accused him of being responsible for the child’s injuries. Again, the plaintiff claims the accusations are false.

Kerr was convicted in January and was sentenced last month to 24 years in prison.

Kerr filed a motion for voluntary dismissal without prejudice on Sept. 11. He requested leave to refile the case within one year should he choose to do so.

Madison County Circuit Judge William Mudge granted voluntary dismissal on Sept. 18.

Kerr was representing himself in the case.

Madison County Circuit Court case number 15-L-1161

Davis and Bustos join bipartisan agricultural trade mission to Cuba

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U.S. Reps. Rodney Davis (R-IL) and Cheri Bustos (D-IL) will be part of an upcoming bipartisan agricultural trade mission to Cuba aimed at establishing new export opportunities and economic development for Illinois farmers.

"We've allowed the sale of certain agricultural products to Cuba since 2000 but because of government restrictions we've put Illinois farmers, and the Cuban people, at a disadvantage," Davis, who represents part of Madison County, said. "I'm looking forward to learning more about how improving agricultural trade with a country that imports roughly 70 percent of its food and is located just 90 miles from our coast can create greater opportunities for Illinois farmers."

An embargo, which began in 1960, stopped most trade between the U.S. and Cuba, but agricultural exports were still allowed.

Export numbers from Illinois to Cuba have fallen in recent year, with the soy and corn exports decreasing from $66 million in 2008 to $24 million in 2014, according to the Illinois Cuba Working Group, which is sponsoring the upcoming trip.

Davis and Busto hope to work with stakeholders from Cuba and the U.S. to raise the state’s agricultural exports.

“I’m excited to embark on this bipartisan agricultural trade mission because we need to work together to cut through the red tape that holds back Illinois’ farming economy,” Bustos said. “Illinois farmers have what it takes to compete and succeed on the global economic playing field. So I'm deeply concerned about how the Cuban embargo has limited their ability to grow and create jobs across our state. I’m looking forward to embarking on this Agricultural Trade Mission so we can build new relationships and develop new strategies to grow Illinois' agricultural economy by increasing our exports.”


Illinois state government takes in more tax dollars per person than every neighboring state

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Illinois collects more in taxes per person than every neighboring state, according to new research from the nonpartisan Tax Foundation.

But Illinois Senate President John Cullerton, D-Chicago, thinks otherwise. “Our taxes are dramatically lower than all the states around us,” Cullerton said on WTTW’s Chicago Tonight on Sept. 28.

Cullerton couldn’t be more wrong. Illinois collects $3,008 in state-tax revenue per Illinoisan, nearly $200 more per person than the highest-taxing neighboring state, Wisconsin. Only 13 other states in the country take in more tax revenue per person than Illinois.

illinois state taxes

Moreover, what these numbers do not show is the massive local-tax burden that Illinoisans also must shoulder. Illinois residents pay the second-highest effective property-tax rates in the nation, according to the Tax Foundation. Illinois’ local governments take in more property-tax revenue per person than those of any neighboring state, and more than governments in all but nine states in the country.

illinois property taxes

Springfield’s political elite, such as Cullerton and House Speaker Mike Madigan, apparently believe that Illinois doesn’t have a spending problem, but rather that Illinois residents simply aren’t taxed enough.

But the fact is that state government has been on an unsustainable spending spree for decades.

Growth in state spending outpaced personal-income growth in Illinois by a 63-point margin from 1992 to 2013.

From 1969 to 2012, Illinois’ state and local tax collections grew at close to double the rate of income growth for most Illinoisans. Per-capita income for Illinoisans in metropolitan areas grew by 66 percent, while state and local tax collection per capita grew by 121 percent.

The sky-high property taxes that Illinoisans pay? Those go to fund nearly 7,000 units of local government – the most numerous of any state in the U.S. That’s 2,129 more government agencies than Pennsylvania, the state with the next-highest tally. And with all those units of local government come government-worker pension funds; Illinois has more than any state in the U.S. As of 2012, Illinois contained 43 percent of the nation’s government-worker pension funds.

Illinois residents have been voting with their feet against this ever-higher tax burden and the dismal jobs climate that comes with it by moving to states with better economic opportunities, such as Texas and Florida.

Regardless of whether Illinois’ career politicians accept the facts, righting Illinois’ fiscal ship with pro-growth reforms, including those outlined in Gov. Bruce Rauner’s Turnaround Agenda, is the only sustainable way to grow Illinois’ tax base. Accelerating the pace of revenue growth with tax increases alone – rather than addressing the problems that beset the state’s economy – is emblematic of the failed status quo that has steered the Land of Lincoln so far off course.

Austin Berg is a writer for the Illinois Policy Institute.


Dram Shop suit at trial in Judge Ruth’s courtroom

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A Dram Shop suit against Daddie-O’s Nite Out in Wood River is at trial this week in Madison County Circuit Judge Dennis Ruth’s courtroom.

Plaintiff William D. Odom filed the seven-count lawsuit on May 5, 2014, against John P. Heitman, Daddie-O’s Nite Out Inc., Richard L. Campbell, individually and as liquor licensee, Brian Campbell, individually and as liquor licensee, and Richard L. Campbell Trust, as property owner.

Represented by Patrick G. King of the King Law Firm in Alton, Odom argues that the defendants sold alcohol to Heitman on May 12, 2013, causing him to become intoxicated. Odom claims he was on the Daddie-O’s pool team and was on the premises at the same time as Heitman.

While intoxicated, Odom claims Heitman began making sexual remarks and yelled obscenities, profanities and fighting words at the bartender and other patrons. As a result, the bartender allegedly demanded for Heitman to leave the establishment, but he refused.

Odom, along with other patrons, “assisted and attempted with the peaceful removal of John P. Heitman from the inside of Daddie-O’s at the direction and request of the bartender,” the suit states.

Odom claims Heitman responded by physically striking him, causing him to fall and land against a pool table and the floor.

As a result of the altercation, Odom claims he suffered severe and permanent injuries to his right shoulder.

Odom alleges Daddie-O’s failed to properly hire and maintain security guards or bouncers for the safety of patrons, failed to hire security guards or bouncers to stop or prevent the physical attack, failed to properly train staff members to prevent or stop the attack, failed to timely call 911 before the physical attack and requested and relied upon other patrons to remove Heitman.

Represented by Stephen J. Moore of Galloway, Johnson, Tompkins, Burr & Smith in St. Louis, Daddie-O’s and the Campbell defendants argue that the plaintiff provoked the alleged incident by becoming intoxicated and acting in a reckless, offensive and careless manner; provoking and willingly, purposefully and intentionally engaging in and allowing the alleged incident when it could have been avoided; actively provoked the conduct of Heitman through verbal threats; engaged in a personal dispute; and voluntarily, freely and willfully participated in the attempted removal of Heitman.

They also claim Odom actively contributed to or procured Heitman’s intoxication by willingly encouraging the drinking which caused the alleged intoxication; voluntarily participating in the alleged drinking; actively contributing to the alleged intoxication; and actively provoking the conduct of Heitman through verbal threats and fighting words.

The defendants argue that Odom’s alleged injuries were the result of his own fault for failing to take care for his own safety and failing to act reasonably under the circumstances.

Odom seeks more than $50,000 for each count, plus costs.

Madison County Circuit Court case number 14-L-667

It's amazing what one person can do

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“What can one person do?”

It's almost a rhetorical question, the person asking it obviously expecting his listeners to recognize the insurmountable odds he faces and excuse him for not even making the presumably futile effort.

It's a cousin to that other question, “Why are there no heroes anymore?” A question which begs the question whether or not there are.

The simple, honest answer is that there are lots of heroes today, as there always have been, but people prefer not to recognize them for fear that they might be expected to follow their example.

One might legitimately ask why there aren't more heroes today, but the answer to that is simple, too. There aren't more heroes today, or at any time, because too many people are content to ask “What can one person do?” and assume it's a rhetorical question.

If you want to know what one person can do, ask Kurt Prenzler.

Prenzler is currently the Madison County Treasurer. He's also the guy who exposed the wrongdoing of former Madison County Treasurer Fred Bathon, who was sentenced years later to federal prison for rigging delinquent tax sales.

Prenzler ran against Bathon in 2006, almost ten years ago, and lost. In the process, however, he publicized the details of Bathon's corruption. Though “county officials did nothing,” he recalls, a federal investigation eventually ensued and Bathon pled guilty.

Four years later, Prenzler ran against Bathon’s successor, Frank Miles, and won.

During his tenure as county treasurer, Prenzler has automated tax sales, cut his budget by 30 percent, saved approximately $2 million, and tripled the county's investments in local banks, increasing them from $30 million to $90 million.

That's what one person can do, in case anyone's asking.

Now Prenzler is running for County Board Chairman, promising to cut spending and taxes, expose cover-ups, and transform the board into a more deliberative body, as opposed to a rubber stamp.

Prenzler's just one person, but he's the person who could do it.

Illinois Supreme Court spokesperson Tybor dies at 68

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Joseph R. Tybor, longtime spokesperson for the Illinois Supreme Court, died Oct. 10 at his home in Countryside. He was 68.

Tybor began working for the Court in 1998 as its director of communications after a 30-year
journalism career in Chicago.

"My colleagues and I are deeply saddened by Joe’s passing," said Chief Justice Rita B. Garman. "He was truly dedicated to his role as the voice of the Illinois Supreme Court, and we watched in awe as he continued to carry out his duties even as he fought his illness

"He was an example to us all of courage and strength. We extend our deepest condolences to his family, in which he took such great pride. We will miss his professionalism, his optimism, and his cheerful demeanor."

Third Circuit Chief Judge Dave Hylla remarked, "Joe was a great friend and ally of the entire judiciary of the State of Illinois, as well as a great ambassador of the City of Chicago."

Tybor's journalism career started at the Associated Press in the late 1960s. After serving in the U.S.Army and attending night classes to earn a law degree, Tybor took a job at the Chicago Tribune, where he wrote about legal affairs and then Notre Dame sports.

In 1986, the Chicago Tribune nominated Tybor for a Pulitzer Prize for his coverage of the city's criminal justice system. He also founded "Irish Eyes," one of the first subscription-based sports sites of its kind.

"While Tybor took great pride in his work as a journalist, he frequently described his position with the Supreme Court as the best job in the world," according to a press release from the Court.

During his 17 years as the Supreme Court’s spokesperson, Tybor responded to countless media calls and helped the justices plan and implement dozens of initiatives, including the Court’s policy on extended media coverage, the release states.

He is survived by his wife, Sandra; daughter, Sarah (Kevin) Clark; son, Adam (Kelly) Tybor; siblings, Julia Moore, Donna Siedschlag and David Tybor; grandchildren, Harrison Joseph Clark, Charles Jacob Tybor and Erin Catherine Tybor; and several nieces and nephews.

Visitation is being held from 3 to 9 p.m. today at the Hallowell & James Funeral Home in Countryside. Prayers will be at 9:30 a.m. Wednesday, Oct. 14 at the funeral home, followed by mass at 10 a.m. at St. Cletus Church in LaGrange.

In lieu of flowers, the family suggests memorial contributions to Block Integrative Cancer Center, Skokie, Ill. or the National Pancreatic Cancer Foundation.


Rauner: Time to sell Thompson Center; Architect, former governor less than thrilled

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SPRINGFIELD — Need a full city block in Chicago’s Loop?

Gov. Bruce Rauner may have a deal for you.

Rauner, R-Winnetka, on Tuesday announced his plan to sell the James R. Thompson Center, the state’s massive office and retail building at 100 W. Randolph St.

Although home to about 2,200 state employees, the 17-story building of nearly 1.2 million square feet is expensive to heat and cool, needs about $100 million in repairs and is inefficient as an office complex, the governor said.

“We intend to close and sell the state of Illinois building, the James R. Thompson Center, move our people out into existing space … in Springfield and in the city of Chicago and put this building onto the market to be sold to a private developer,” the governor said.

The sale, Rauner said, would probably mean demolition of Thompson Center to be replaced by a “more impactful, positive, commercial office building and retail space.”

Rauner declined to say how much he believes the state can get for the property because his plan calls for public auction, but he described the location as among the best in the city and state.

“It’s attractive,” the governor said. “We can can get good value for taxpayers by selling this building and moving out.”

Even without cash from a sale, the state cannot afford to stay in the building, Rauner said.

“We could pay people to take this building from us and save a lot of taxpayer money,” he said.

The state’s cost to keep its people in the Thompson Center are two to three times that of putting them in comparable office space in the city or elsewhere in the state, Rauner said.

By moving out and using existing or even newly leased space, the state could save $6 million to $12 million per year, Rauner said.

Redeveloped and put to better use, the property could also generate as much as $20 million in tax revenue for the city and for Chicago Public Schools, Rauner said, adding that new construction could generate 8,000 short-term jobs.

“By any measure we’re high cost here and need to move,” Rauner said.

Rauner said the proposed sale has nothing to do with the state’s budget crisis or his “Turnaround Agenda” but simply represents good financial management.

He also said it’s not part of some larger plan to move more state jobs to Springfield.

The plan would need legislative approval, and the Republican governor said he’d spoken with House Speaker Michael Madigan and Senate President John Cullerton, both Chicago Democrats. He described them as open to the idea.

Steve Brown, spokesman for Madigan, said the speaker was aware the governor was announcing his plan and remains willing to listen.

That said, Brown added, there are questions still to be answered, including where workers would move to and to what ends the sale revenue and savings would be put.

Rauner said he’d also notified both Gov. James R. Thompson, for whom the center is named, and the building’s architect, Helmut Jahn.

Thompson, a Republican and the governor from 1977 to 1991, didn’t sound overjoyed about the idea in a short conversation with Illinois News Network.

“Well, as to Gov. Rauner’s proposal, I don’t have any comment because that's up to him and the Legislature to determine the reason why deferred maintenance is so high,” Thompson said.

That maintenance was neglected during the administration of Gov. Pat Quinn, a Chicago Democrat in office from 2009 to 2015, Thompson said, “and that’s the problem.”

Quinn’s predecessor, Democrat Rod Blagojevich, at one time essentially proposed a complex mortgaging scheme for the building, but that plan fell through.

Gov. Rauner on Tuesday declined to characterize the aesthetics or architectural significance of the Thompson Center, instead telling the media, “I’ll leave that for you to discuss.”

Architect Helmut Jahn criticized the state for not maintaining the building and said it should be repurposed, not demolished.

The architect suggested the building’s restaurants and retail outlets be upgraded and part of the building be converted for round-the-clock uses including a hotel, apartments and condominiums.

“Architectural history is full of examples where such repurposing has brought new life to structures like this," he said in a prepared statement. “The building will only survive this way, and will become a landmark for the 21st Century.”

Mark Fitton is a reporter for the Illinois News Network, a division of the Illinois Policy Institute. 

Path to justice for teen who spent 9 months in prison after coerced confession ends with $900K settlement from county

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BENTON – After St. Clair County state’s attorney Brendan Kelly threw out the confession of teenager Trevon Yates and released him from a jail where he had spent nine months, Kelly’s office in civil court proceedings denied that the county damaged Yates.

Yates recently gained a $900,000 settlement from the county in federal court at Benton, on his claim that deputies coerced his confession to armed robbery.

The county would have paid nothing if a judge had granted a motion the county filed in June, for summary judgment dismissing the complaint.

Thomas Ysursa of the Becker Hoerner firm in Belleville, working for Kelly, wrote that deputies Ken McHughes and Scott Toth took no action intended to injure Yates.

Officers arrested Yates on Aug. 28, 2013, and brought him to the St. Clair County Sheriff’s Department for questioning in connection with an Aug. 12 armed robbery of a couple who were lured to a parking lot in Belleville, where they expected to meet someone advertising an iPhone 5 for sale on the website Craigslist.

“At seventeen years old being questioned about an armed robbery, Yates was not entitled to the presence of a parent or guardian,” Ysursa wrote.

“Yates was not injured prior to questioning or during questioning. Yates was not handcuffed while questioned.”

He wrote that defendants didn’t shout at Yates, insult him, or threaten him with loss of family or a long prison sentence.

“Yates never asked to stop answering questions,” he wrote.

Ysursa separately moved to bar testimony on damages from a psychologist.

“Yates has never sought treatment for any of his alleged physical or mental harm,” Ysursa wrote.

Video of the interrogation shows Yates, age 17, weeping and wailing with his face on a table.

He kept denying that he robbed anyone, but McHughes and Toth kept pressuring until he confessed.

McHughes filed criminal information against Yates and testified before grand jurors who indicted him.

Yates spent nine months in county jail, the youngest one there.

Belleville lawyer Jim Ellis, who took the case six months after Yates’s arrest, obtained the tape from the state in the course of discovery.

“It shows Trevon crying heavily and pleading with the detectives to realize that he had nothing to do with the armed robbery,” he said on Oct. 12.

“There are psychologically manipulative techniques that investigators are trained to use, and the first is to make the person feel isolated.

“Next, you convince the person that you have overwhelming proof.

“Usually that’s accomplished through telling the person lies that the person has no way to know if police are lying or not.”

Ellis said they told Yates another suspect identified him, when no one had.

He said they implied they could set him free if he confessed. And, he said they told him the judge and the prosecutor would think he was a thug.

“He began to get the picture and that’s when he really started to break down,” he said.

Ellis said he showed the tape to an investigator who told him to call experts on juvenile confessions at Northwestern University.

He said the experts helped him write a motion to suppress the confession.

While he wrote it, psychologist Daniel Cueno reported to the court that Yates did not understand his Miranda rights well enough to waive them.

“He never could grasp that what he said would be used against him in court,” Cuneo wrote.

“While he could understand that he could have a lawyer, he could not grasp that he could have a lawyer with him when he was giving a statement.

“He could not grasp that he could have stopped talking when the police were asking him questions.”

Ellis filed the suppression motion on May 21, 2014, and associate judge Julie Katz released Yates on recognizance bond eight days later.

Two weeks after that, Circuit Judge Robert Haida granted a motion from the state to dismiss the charge without prejudice.

On Aug. 27, 2014, Northwestern lawyers and Ellis filed a federal suit against the county, McHughes, and six other officers.

They alleged that when officers arrested Yates at his home, they refused to allow his father to accompany him.

Lawyers for Yates wrote that defendants lacked probable cause or reasonable suspicion to arrest him.

They also wrote that:

-Yates did not resemble the Trevon a witness described.

-His youthfulness, intellectual deficiencies, inexperience, and suggestibility were obvious to the defendants in his interrogation.

-Defendants refused 35 times to listen to his assertions of innocence and falsely told him 42 times that they had evidence.

-He prayed aloud to God, begged for his mother 35 times, and once threatened to kill himself.

-He offered to take a lie detector test but none was administered.

-He asked them to examine his cell phone, and defendants confirmed that it had no role in the crime.

“Eventually, Trevon falsely admitted to the armed robbery,” they wrote,

“He did not do so voluntarily, but only in order to bring an end to the psychologically brutal interrogation.”

They wrote that older detainees abused him and stole his belongings.

In response, Ysursa pleaded good faith immunity, absolute immunity and government employee immunity.

Kevin Hoerner and Katherine Porter, of the same firm, later joined the legal team.

In January, Yates added deputy Scott Toth as a defendant.

In June, the county filed its motion for summary judgment.

“In this case, the conduct of defendants McHughes and Toth was far from extreme and outrageous,” Ysursa wrote.

Ysursa wrote that nothing in their actions verged on conscience shocking behavior.

He wrote that Yates never requested a lawyer.

“No evidence exists suggesting the defendants engaged in malicious acts, but probable cause abounded to commence judicial proceedings against Yates,” he wrote.

In July, Ysursa dodged a request to admit that Yates was innocent.

”Defendants object to this request to the extent it calls for a legal conclusion,” he wrote.

In August, he filed another brief for summary judgment.

“To accomplish their goal of crucifying the police, plaintiff mischaracterizes evidence, offers suppositions as fact, and infers malice baselessly,” he wrote.

“The reality remains that no genuine issue of material fact exists to suggest investigators Kenneth McHughes and Scott Toth acted in any manner less than good faith and upon reasonable belief that their actions were within constitutional boundaries.

“At the time of the defendants’ actions, based upon what they knew of the plaintiff and of Illinois’s legal landscape, every action the defendants undertook was reasonable.”

U.S. Magistrate Philip Frazier summoned the parties to a settlement conference on Aug. 31, and a settlement resulted.

Sheriff Rick Watson, in an interview on Oct. 13, said, “We have to modify what we do, to prevent anything like this from happening again.”

Watson found no fault with McHughes or Toth, and said comments about the tape amount to Monday morning quarterbacking.

He said for police generally, “When they are in the moment, everybody says yeah, this guy did it.”

His staff needs training, but that the county board denied his proposal to hire a California firm for that purpose, Watson said. He said the firm, Lexipol, charges $30,000 initially and $20,000 a year.

Watson is on the Metro East police board, covering four cities, and he said that Lexipol has done a good job training the staff.

He provided a copy of Lexipol’s proposal, which offers daily bulletins that present realistic circumstances linked to policies.

“I will take that daily quiz myself,” Watson said.

“Policies and procedures have to stay up to date and that’s what I’m trying to get the county to do.

“I keep harping on it because I think it’s a good thing.

“There are some things that have been let go for many years.”

He described steps he has taken to keep the jail clean, adding that a staph infection could cost a lot more than $900,000.

Kelly, in an interview on Oct. 13, said, “A determination was made through a psychological examination well after the interrogation and charge that Yates was unable to knowingly waive his Miranda rights.”

“That put the admissibility of the confession in doubt and we no longer had a reasonable likelihood of conviction.”

He said the criminal case is different from the civil case.

“The outcomes could intersect but the paths are distinct,” he said.

Woman sues over breach of contract in real estate deal

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A Madison County woman is suing a man for what she claims is breech of contract in real estate deal.

Sabrina R. Randolph filed a lawsuit in Madison County Circuit Court on Sept. 15 against Bruce E. Postel for breech of contract and fraudulent misrepresentation regarding a real estate venture.

According to the complaint, Randolph alleges Postel agreed to take over real estate she owned with her sisters and to secure a loan on the home for purposes of satisfying all past due real-estate taxes. Randolph claims Postel then sold the home below market value and denied Randolph any compensation for the sale.

Randolph is asking for damages in excess of $50,000, as well as punitive damages, attorney's fees, cost of suit, and any other relief the court deems just.

Randolph is represented by Joseph C. Rathert of East Alton.

Madison County Circuit Court case number 15-L-1185

Caseyville man claims insurance companies burned him on coverage after house fire

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A Caseyville man is suing his insurance company over failure to cover losses in a fire.

Ron Dahl filed the lawsuit on Sept. 8 in St. Clair County Circuit Court against State Farm Fire and Causality Company, Allison Bach, Allison Bach Insurance Agency, Adam Wolfe and Adam Wolfe Insurance Agency. He claims they allegedly failed to provide him with compensation of coverage after a fire damaged his property.

According to the complaint, Dahl claims his property, located at 901 Wells Ave., Lot B, was covered by the insurance companies. He alleges that on Dec. 8, 2014, the property caught fire, resulting in extensive damage to the home and Dahl's personal property.

The plaintiff alleges State Farm denied the claim for insurance coverage, stating the policy had been terminated at the request of Dahl. However, Dahl says he did not terminate the coverage. He claims his insurance agent Allison Bash, through Allison Bash Insurance Agency, set up a renters agreement policy with State Farm, not a home owners agreement. Instead, Dahl alleges he purchased another piece of property aside from the Wells Ave. location, and set up insurance through Adam Wolfe and Adam Wolfe Insurance Agency, who then wrongfully canceled the renters insurance policy.

Dahl alleges his property would have been properly covered at the time of the fire were it not for the defendants' negligence.

Dahl is suing for compensation of $50,000 from each of the three insurance companies, plus cost of the legal action, reinstatement of home owners insurance by State Farm Fire and Causality Company, as well as any other relief the court sees fit.

Dahl is represented by Michael J. Brunton and Mary M. Stewart of the Bruton Law Offices in Collinsville.

St. Clair County Circuit Court case number 15-L-505

St. Clair County man claims family member died from using Xarelto; Manufacturer says they provided warnings of the risks

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A St. Clair County man claims his relative died from complications while using the drug Xarelto.

Beaumont Shelton, individually and as special representative for William Shelton, filed a lawsuit on Sept. 11 in St. Clair County Circuit Court against Janssen Research & Development in New Brunswick, N.J., formerly known as Johnson & Johnson Pharmaceutical Research and Development, Janssen Ortho, Jansen Pharmaceuticals Inc., formerly known as Ortho/Mcneil/Jansen Pharmaceuticals Inc, Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG, Bayer Corporation, Bayer Healthcare, and Bayer AG, alleging negligence.

According to the complaint, the company failed to publish all testing, and failed to properly inform potential customers of possible side affects and/or risks that could be caused with the product Xarelto. The plaintiff alleges this negligence led to the death of William Shelton.

Janssen spokesperson Kristina Chang issued the following statement in response to the lawsuit:

"Xarelto is an important anticoagulant used to treat and reduce the risk of life-threatening blood clots. After more than three years on the U.S. market, and more than 2 million patients prescribed in the U.S. to date, the benefit-risk profile of Xarelto remains favorable and consistent with the clinical trials. All anticoagulants, or blood thinners, carry the risk of bleeding, and the prescribing information for Xarelto has always warned of these risks. Blood thinners are important and potentially life-saving medicines that should be taken by patients as prescribed by a doctor and should not be discontinued without a discussion with a doctor. We will continue to defend against the claims raised in the litigation."

The plaintiff seeks more than $50,000 from each defendant, attorney fees, and further relief as the court sees fit. He is represented by attorneys John J. Driscoll and Christopher J. Quinn of The Driscoll Firm in St. Louis. 

St. Clair County Circuit Court case number 15-L-510.

Group sues Syngenta over alleged genetically modified corn crops

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More than 100 community members filed a joint lawsuit against Syngenta over alleged genetically modified corn crops.

Roughly 125 people jointly filed the lawsuit in Madison County Circuit Court on Sept. 18 against Syngenta AG, Syngenta Crop Protection AG, Syngenta Corporation, Syngenta Crop Protection, LLC, Syngenta Biotechnology, LLC, and Syngenta Seeds Inc..

According to the complaint, the plaintiffs claim the defendants prematurely released genetically modified corn in 2009 with a trait that was prohibited from sale in China, which they claim exported the product.

The plaintiffs claim that due to the prohibited trait used in the corn they planted, they incurred losses in trade business and could continue to lose business in the future. They also claim they suffered financial losses exceeding $75,000.

The group asks the court for an order requiring the defendants to take steps to remediate contamination of crops. They also seek unspecified damages to be determined by the court, attorney's fees, court costs and any other relief the court deems appropriate.

The plaintiffs are represented by James G. Odner, W. Wylie Blair, and Michael J. Quillin of Onder, Shelten, O'Leary, & Peterson based out of St. Louis.

Madison County Circuit Court case number 15-L-1219

Motorist sues Lebanon driver, alleging negligence for injuries in traffic accident

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A Belleville woman is suing a Lebanon driver, alleging her negligence caused an accident leaving the plaintiff severely injured.

Sharon L. Siewert filed a lawsuit Sept. 21 in St. Clair County Circuit Court against Jessica D. Adams of Lebanon, alleging negligence.

According to the complaint, on Aug. 9, 2014, the vehicle driven by Jessica D. Adams rear-ended Siewert's vehicle on state Route 158 at East Highway 50 in O'Fallon, causing her bodily harm.

The suit says Adams was negligent by failing to keep a lookout on the roadways, speeding, failing to properly brake and reduce speed, and failing to keep her vehicle under control.

The plaintiff alleges she incurred injuries to her neck, back and shoulder area, as well as aggravating pre-existing injuries.

Siewert seeks more than $50,000 as well as cost of suit. She is represented by attorney James R. Williams of Williams, Caponi, & Associates in Belleville.

St. Clair County Circuit Court case number 15-L-537.


Haine blames China, unfair trade for loss of manufacturing jobs

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One Illinois lawmaker is blaming China for the state's massive job loss in the manufacturing sector.

According to the Bureau of Labor Statistics, Illinois has lost about 9,800 manufacturing job this year alone. And, that doesn't include the possible layoff of 2,000 workers in Granite City, as US Steel considers idling steelmaking and finishing operations due to planned consolidation of North American operations.

State Sen. Bill Haine (D-Alton) said manufacturing job losses are due to poor trade policies in the United States and how cheaply manufacturing can be done in China. 

“We have unfair trade, in which case the Chinese have access to our markets and we don’t have access to their markets,” State Sen. Haine said. “Why in Heaven’s name do we let this go on to the detriment of the American working people is beyond me.”

Haine said Illinois should make every effort to make the state attractive to employers through infrastructure. He also said that state lawmakers should continue efforts to get the U.S. government to have what he calls fair trade policies.

In May, Haine was among a bipartisan group of area lawmakers who sent a resolution to President Obama and Congress urging the federal government to consider all possible trade and economic policies to keep the U.S. steel industry viable.

“We need middle class jobs, we need benefits and union scale wages,” Haine said. “It used to be the goal of our economy was to provide full time employment for family waged jobs, and that’s what we’ve lost with these unfair trade policies.”

Mark Denzler, vice president of the Illinois Manufacturers’ Association, spoke with the Public News Service, saying while they work to entice manufactures back into the state, it’s important to note that Illinois is home to some of the best high-tech manufacturing jobs in the country.

“They average about $70,000 per year with benefits and pay,” Denzler said. “Manufacturing jobs are the types of jobs that allow somebody to support a family, put kids through college.”

Denzler further stated that the Illinois Manufacturers Association is pushing state lawmakers to consider a broader tax base with lower rates.

"We think there's a lot of things that can be done on tax reform, and we certainly think that looking at a sales tax on services is one of things that should be under discussion," he stated.

Family of deceased land owner alleges fraud in million dollar real estate deal

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The family of a deceased land owner is suing an individual, alleging a million dollar real estate deal is fraudulent.

Alfred E. Schilling, executor of the estate of Edwin J. Schilling, filed a lawsuit Sept. 22 in St. Clair County Circuit Court against David Wiskamp over property valued at more than $1 million.

According to the complaint, Edwin Schilling was elderly and incapacitated from doing any business or entering into any contract when Wiskamp took advantage of his weakened mental state. The suit says the defendant fraudulently procured a deed that should be void.

The suit alleges Wiskamp negotiated a lease with the estate on the property and has failed to make required payments.

Alfred E. Schilling seeks more than $100,000 in damages, attorney fees, cost of suit, and any other other relief the court deems just, as well as a jury trial. He is represented by attorney Bryan D. Flynn of Flynn Guymon, & Garavalia in Belleville.

St. Clair County Circuit Court case number 15-L-538.

Byron sues Wal-Mart after saddle stool collapses

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Former Madison County Circuit Judge Nicholas Byron has filed suit against Wal-Mart Stores, Inc. claiming injuries after falling from a saddle stool he purchased pre-assembled from a store in Glen Carbon.

Byron claims that on or about Dec. 17, 2013, he was seated on the 24-inch stool in his home when it collapsed, causing him to injure his ribs as well as his tailbone area, which resulted in the development of an open sore. He claims his injuries resulted in significant medical care and treatment, severe pain, disfigurement and loss of a normal life.

His suit was filed Oct. 8 in Madison County Circuit Court. 

Among other things, his suit claims the stool was unreasonably dangerous in that it lacked adequate fasteners or hardware, was improperly assembled and was more dangerous than an ordinary consumer would expect.

He is seeking in excess of $50,000 in damages.

Byron is represented by Eric J. Carlson of Byron, Carlson, Petri and Kalb in Edwardsville.

Madison County Circuit Court case number 15-L-1306.

Celebration planned for Madison County Courthouse's 100th anniversary

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The Madison County Courthouse is preparing to commemorate its 100th anniversary much in the way it was opened – with lots of pomp, and a celebration that opens its doors to the public.

County Clerk Mark Von Nida said that when the courthouse was opened back in 1915, it drew quite the crowd.

“It was a pretty grand building for its day and opened up to a great amount of fanfare,” Von Nida said. “Joe Cannon, who was the speaker of the U.S. House, arrived and was part of the festivities. It was a big deal.”

The Madison County Historical Society is hosting an event that includes dinner and stories about mysteries and courtroom drama. Von Nida said the most interesting part for the public, though, may be just getting to see the beautiful building from the inside.

“Typically during the normal week, security is very high so you aren’t able to come in with cameras and cell phones. On the night of the event, though, people are welcome to bring cameras and take pictures of the architecture,” he said.

The architecture includes whispering arches, Von Nida said, where a person can stand on one side of the room and another on the opposite and can hear each other speak in a whisper.

“It’s going to be the event of the season,” Von Nida said.

Chief Judge David Hylla and MCBA President Judge Ellar Duff are set to present special framed editions of the Declaration of Independence to Madison County.

“The Declaration of Independence is known as the ‘People’s Document’ because it is the framework of democracy,” Hylla said in a statement. “We are proud to present these hand-engraved, exact copies from the Bureau of Engraving and Printing that will be hung in the Courthouse lobby and each Circuit Judges’ courtroom as a reminder of the equality and rights of all people.”

The event is scheduled for Sunday, Nov. 8 in the rotunda.

Tickets to the celebration are $45 for members of the historical society, and $50 for non-members. 

Reservations can be made at the Madison County Archival Library or by calling 618-656-7569. Reservations must be made by Oct. 28.

Republican lawmaker speaks out against automatic voter registration bill

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An Illinois lawmaker is speaking out against a bill that proposes automatic voter registration in the state.

Under a proposal being considering the state senate, a person would be registered to vote automatically when they get a driver’s license or state identification card, unless the person chooses not to register.

Republican State Senator Kyle McCarter said he worries the bill, as drafted, would lead to voter fraud.

“Driver’s licenses are available to many who are not eligible to vote and that poses a problem. In fact, Illinois law allows non-citizens to get a driver’s license in certain circumstances,” McCarter said.

Meanwhile, many backers of the bill say it’s all about streamlining the voting process.

“Five years after the Voting Rights act and we’re still fighting for the most foundational of all American rights, access to the voting booth,” the Illinois Watchdog quotes Director of Elections Noah Praetz as saying.

McCarter argues that’s not true.

“Illinois has online voter registration and in 2016 will have election day voter registration. Registering to vote is relatively easy in Illinois, but it still takes a minimal amount of effort,” he said. “That effort is required in order to ensure that only those who are eligible to vote are registered.”

Aside from concerns over fraud, opponents of automatic voter registration argue it infringes on a basic right of U.S. citizen.

Hans A. von Spakovsky is an attorney specializing in election law reform, civil rights and the First Amendment at the Heritage Foundation. In a 2013 publication, he made a case against mandatory registration.

“Automatically registering individuals to vote without their permission would also violate their basic right to choose whether they wish to participate in the U.S. political process," he wrote. "Indeed, this new scheme threatens one of America’s most cherished liberties: the freedom to be left alone by the government.”

No one spoke in opposition to the bill at a senate subcommittee hearing on Tuesday in Chicago, according to the Illinois Watchdog.

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