Recently I.F.F.O.C. has discovered corruption within our court system, as well as, the huge profits to be made. What citizens do not realize is that these courts have huge contracts with SRS, therapy, and other non-profit groups, in which creates a conflict of interest, to include the judge, due to the fact that these contracts go into a court general fund, in which 15% to 25% goes into the judges retirement fund out of the general funding source. They are destroying families for profit. People are under the false assumption that these agencies are there to assist them in their troubled times. They are wrong. They are only out for profits, and it even gets worse. They do not care for the best interest of your children. My daughter was raped in the system. We have dedicated our life to the preservation of families, and assist those who are caught up in this type of corruption. We will assist those who are in need of counsel and cannot afford it.
Please contact us at:
Mr. David Martin Price
3121 SE Fremont St.
Topeka, Kansas 66605
(785) 267-5132
iffocpresident@cox.net
Tuesday, November 5, 2013
Thursday, July 21, 2011
Kline: Grand juror held meetings outside courtroom
Posted: July 21, 2011 - 11:11am
the Topeka capital-journal
Billing records of an attorney representing Johnson County grand jurors raised concerns for former Johnson County District Attorney Phill Kline, he testified Thursday morning.
The billing records showed that grand jury forewoman Stephanie Hensel was having meetings outside the grand jury room with special counsel Richard Merker during the period when the investigative body was looking into abortions being performed at a Johnson County clinic.
Merker was one of two special counsel appointed to represent the 15-member grand jury during its deliberations.
Kline contends Merker presented grand jury members with a proposed agreement struck with Planned Parenthood of Kansas and Mid-Missouri — operators of the Johnson County clinic being investigated — that made further prosecution of the clinic impractical.
Kline said he first saw the proposed agreement on Feb. 20, 2008 and strongly opposed it, saying it blocked prosecutors from filing any charges based on records Planned Parenthood agreed to turn over to the grand jury.
The grand jury ultimately didn’t enter into the agreement, and jurors never viewed the patient records. It also did not return any indictments at the end of its term.
The proposed agreement with Planned Parenthood was sent before Feb. 20, 2008, Kline testified Thursday in his second day of testimony before a state disciplinary board. That contradicts Hensel’s testimony that she didn’t see it until Feb. 20, 2008, Kline said.
Hensel later filed an ethics complaint against Kline, alleging he intentionally misled the grand jury about provisions of a law regulating abortions in Kansas.
Kline earlier testified Thursday that protecting children was the main objective in his office’s investigation of abortion practices at the Johnson County clinic.
The former Kansas Attorney General, appearing for a second day before the Kansas Board for Discipline of Attorneys, said limiting abortions at the clinic was never a primary goal in his investigation.
The three-member panel is conducting an ethics hearing tied to Kline’s professional conduct during the investigation.
Kline has said he investigated late-term abortions only as a means to determine the failure to report abuse of underage girls, as evidenced by their pregnancy.
Kline’s earlier Thursday testimony involved what he told the grand jury about what it would be investigating when in session in late 2007 and early 2008.
Kline told jurors they would be looking at seven legal issues including late-term abortions and the mandatory reporting of underage girls receiving abortions.
The grand jury concluded its investigation of the clinic operated by Planned Parenthood in March 2008 without returning any indictments. Kline said he considered seeking a 90-day extension of the grand jury term, but said the panel was too “fractured” to continue.
During his 50-minute testimony Wednesday, Kline denied a previous witness contention that he tried to "demonize" the clinic, or that he called anyone "baby killers."
By the hearing broke for the lunch break, Kline had testified three-and-a-half hours on Thursday and Wednesday before the grand jury.
Kline has since left Kansas to teach at Liberty University in Lynchburg, Va.
Tuesday, February 22, 2011
Pa. judge guilty of racketeering in kickback case
By MICHAEL RUBINKAM, Associated Press Michael Rubinkam, Associated Press – Sat Feb 19, 3:04 am ET
SCRANTON, Pa. – A former juvenile court judge defiantly insisted he never accepted money for sending large numbers of children to detention centers even after he was convicted of racketeering for taking a $1 million kickback from the builder of the for-profit lockups. Former Luzerne County Judge Mark Ciavarella was allowed to remain free pending sentencing following his conviction Friday in what prosecutors said was a "kids for cash" scheme that ranks among the biggest courtroom frauds in U.S. history. Ciavarella, 61, left the bench in disgrace two years ago after he and a second judge, Michael Conahan, were accused of using juvenile delinquents as pawns in a plot to get rich. The Pennsylvania Supreme Court has dismissed 4,000 juvenile convictions issued by Ciavarella, saying he sentenced young offenders without regard for their constitutional rights. Ciavarella maintained the payments were legal and denied that he incarcerated youths for money. "Never took a dime to send a kid anywhere. ... Never happened. Never, ever happened. This case was about extortions and kickbacks, not about `kids for cash,'" said Ciavarella, who plans to appeal. Federal prosecutors accused Ciavarella and Conahan of taking more than $2 million in bribes from the builder of the PA Child Care and Western PA Child Care detention centers and extorting hundreds of thousands of dollars from the facilities' co-owner. A federal jury in Scranton convicted Ciavarella of 12 counts, including racketeering, money laundering and conspiracy, but acquitted him of 27 counts, including extortion. He is likely to get a prison sentence of more than 12 years, according to prosecutors — who revealed after the verdicts that a reputed mob boss turned informant helped them make their case. Parents of juveniles who appeared before Ciavarella were outraged that he was released after the verdicts. Ciavarella often ordered youths he had found delinquent to be immediately shackled, handcuffed and taken away without giving them a chance to say goodbye to their families. Some of the children he ordered locked up were as young as 10. Sandy Fonzo, whose son was jailed by Ciavarella — and committed suicide last year at age 23 — screamed obscenities at the judge and even poked him as he and his attorneys held a news conference on the courthouse steps. "My kid's not here anymore!" yelled Fonzo. "He's dead! Because of him! He ruined my ... life! I'd like him to go to hell and rot there forever!" Ciavarella glanced at Fonzo, then turned his back. Fonzo's son, Edward Kenzakowski, was a 17-year-old all-star wrestler with no prior record when he landed in Ciavarella's courtroom for possession of drug paraphernalia. She said her son never recovered from the months he served at the detention centers and a wilderness camp. Tears streaming down her face, Fonzo said she couldn't believe Ciavarella was allowed to walk out of the courthouse. "There's no justice, there's not. He's never going to get what he deserves," she said. "I just wanted to see him handcuffed and taken out. But when I saw him just being released with that stupid smirk on his face ..." The jury found Ciavarella guilty of taking a $997,600 kickback from Robert Mericle, the builder of the juvenile facilities — money he was ordered to forfeit to the federal government after the verdicts were announced. He was also convicted of failing to report the payments on his state-mandated financial disclosure forms and failing to pay taxes on the income. Jurors acquitted him of extorting Robert Powell, the facilities' developer and co-owner. The defense declared victory. "We're amazed. The jury rejected 95 percent of the government's case," said attorney Al Flora. "I find it interesting," U.S. Attorney Peter Smith said in response, "that a man just convicted of racketeering is claiming any sort of a victory out there today. I wonder what he would consider a defeat." Prosecutors alleged that Conahan, who pleaded guilty to racketeering last year, and Ciavarella plotted to shut down the dilapidated county-run juvenile detention center in 2002 and arrange for the construction of the PA Child Care facility outside Wilkes-Barre. Ciavarella, who presided over juvenile court, sent youths to the center and later to its sister facility in western Pennsylvania while he was taking payments from Mericle, a prominent builder and close friend of Ciavarella, and Powell, a high-powered attorney. Luzerne County paid Powell's company more than $30 million between 2003 and 2007 to house juveniles at PA Child Care and Western PA Child Care. The county could have built its own juvenile center for about $9 million, according to testimony. In dismissing thousands of Ciavarella's convictions, the state high court said he ran his courtroom with "complete disregard for the constitutional rights of the juveniles," including the right to legal counsel and the right to intelligently enter a plea. Hundreds of youths and their families are suing Ciavarella and Conahan in federal court, but Smith said the judges' handling of juvenile cases did not figure into the federal prosecution for legal and evidentiary reasons. "We're very sympathetic to the pain to the community that was caused here ... and we're fully aware of the deep anguish that many parents and many juveniles feel. But the federal criminal courts are not the appropriate venue to resolve that issue fully," he said. Ciavarella, who took the stand in his own defense, acknowledged to jurors that he failed to report the payments on his tax returns and hid them from the public, but he denied any plot to take kickbacks or extort money. Ciavarella told jurors that he thought he was legally entitled to Mericle's money, calling it a "finder's fee" for introducing Mericle to Powell. Ciavarella also denied that he extorted Powell, who had testified for the prosecution that he was forced to pay the judges nearly $600,000 after they agreed to send juvenile delinquents to his new lockup. The payments were disguised as rent on a Florida condominium owned by the judges' wives. It was Conahan who made the arrangements with Powell, Ciavarella insisted. He said Conahan told him that Powell had agreed to pay them $15,000 a month for 60 months to lease the waterfront Florida property. Prosecutors scoffed at that explanation, questioning why Powell would pay nearly $1 million in rent on a condo he could have purchased outright for less than $800,000. Officials disclosed for the first time Friday that they were led to the judges by the reputed boss of a northeastern Pennsylvania Mafia family. William D'Elia — who regularly met for breakfast with Conahan — became a government informant after his 2006 arrest on charges of witness tampering and conspiracy to launder drug money. "D'Elia led us to Judge Conahan," said Assistant U.S. Attorney Gordon Zubrod. "From there we began to focus on them, the financial dealings between Judge Conahan, Judge Ciavarella, Mericle, Powell." D'Elia won a sentence reduction last year based on his cooperation in another criminal case and could be released as early as next year. Ciavarella and Conahan initially pleaded guilty in February 2009 to honest services fraud and tax evasion in a deal that called for a sentence of more than seven years in prison. But their plea deals were rejected by Senior U.S. District Judge Edward M. Kosik, who ruled they had failed to accept responsibility for their actions. A federal grand jury in Harrisburg subsequently indicted the judges on charges of racketeering, fraud, money laundering, bribery, extortion and tax offenses. Conahan pleaded guilty to a single racketeering charge last year and awaits sentencing. Mericle and Powell pleaded guilty to lesser offenses and testified against Ciavarella; both await sentencing. Ciavarella faces a maximum of 157 years in prison at sentencing, but will more likely receive 12 1/2 years to about 15 1/2 years under federal sentencing guidelines, prosecutors said. PA Child Care and Western PA Child Care remain open and continue to accept juveniles from many Pennsylvania counties, though Luzerne County no longer sends delinquents to them.
The President of I.F.F.O.C. and K.C.E.A.J. realizes that this, as tragic as is is, was long overdue, due to no oversight on judges. There needs to be a 12 member panel of public citizens to review cases, (Note: none of these members should be attorneys, counselors, or anyone involved in the legal system, but should have two attorneys only as advisors to the committee if they have questions). This committee should have the power to remove them from their position, or recommend a grand jury investigation if needed. This would turn over our justice system back to the people.
Tuesday, February 15, 2011
Kansas A.G. inquiry: 'Ill will' led SRS worker to ignore abuse
BY TIM POTTER
The Wichita Eagle
Posted on Sun, Feb. 13, 2011
A Kansas attorney general's investigation found that a state social worker disliked a Coffeyville couple and chose to do "nothing to protect" their 23-month-old granddaughter before she was murdered in 2008. The investigation concluded that veteran SRS social worker Linda Gillen treated abuse reports involving the couple's grandchildren very differently from others and failed to take steps that her agency required in child abuse cases. The investigation is coming to light now as part of a lawsuit brought by the couple, Larry and Mary Crosettos. Last year the Crosettos filed a lawsuit in federal court claiming that Gillen held a decades-old grudge against them and that it cost them their granddaughter's life. They say Gillen refused to act on repeated reports of abuse in the months before their granddaughter, Brooklyn Coons, died. The lawsuit — which offers a rare look at inner workings of the child protection system — says Gillen had a "personal animus, bordering on hatred" toward the couple. The Crosettos say that the "animus led to the tragic and totally preventable death" of the toddler. In January 2008 — more than two months after the Crosettos began pressing Gillen to have the children removed from their home — Brooklyn died. Authorities said the toddler suffered brain injuries after being beaten or violently shaken. Her father's meth-addicted girlfriend, Melissa Wells, was later convicted of first-degree murder. Last month, an SRS attorney filed a legal argument denying that Gillen is liable. Bill Miskell, spokesman for the Kansas Department of Social and Rehabilitation Services (SRS), said he can't comment on the investigation but that the agency will be filing a response in court. No one from SRS, including Gillen, can comment on pending litigation, Miskell said. Gillen has been with SRS since 1974. At the time of Brooklyn's death, she was the only licensed social worker in the Coffeyville SRS office investigating child abuse and neglect cases, documents say. Gillen remains in that role, Miskell said.
Another tragedy
The Crosettos had been the main caregivers for Brooklyn and her 5-year-old brother when their mother, Angela Coons, the Crosettos' daughter, was attending college. She became separated from the children's father, Randy Coons. In June 2007, the children and their mother moved to Wichita after she got a job. About two months later, Angela Coons suddenly became ill and died. Around September 2007, the children went to the Coffeyville home of their father and Wells, his girlfriend. As a child, Wells had been in SRS custody, and Gillen was a social worker assigned to her case, the lawsuit says. The Crosettos' lawyer is Randy Rathbun, a former U.S. attorney.
A striking difference
In an affidavit signed Jan. 24, Camie Russell, former director of the attorney general's Abuse, Neglect and Exploitation Unit, said that as director she reviewed about a dozen child abuse cases handled by Gillen in Montgomery County. Russell said she found a clear difference in the way Gillen treated Brooklyn's case. In the other cases, Gillen was "very hands on," Russell said. "She undertook actions without court order based upon suggestions made by the county attorney or the district judge." But, Russell said, "As to the Coons children she was very hands off." Russell's investigation concluded that Gillen held "some animus or ill will toward the Crosettos," according to her affidavit. The affidavit, based on a 2009 investigative report by Russell, said Gillen denied "that anyone blocked her from taking action." The investigation found that Gillen "elected to do nothing to protect" the Crosettos' grandchildren. The Crosettos say Gillen became unhappy with them in 1982 when they adopted their daughter — Brooklyn's mother — when she was an infant. The Crosettos said they excluded Gillen, the social worker, from their efforts to adopt their daughter. They said they reported Gillen's failure to complete a home study, which led a judge to rebuke her. As a result, the Crosettos said, she became angry at them. The couple "totally circumvented" Gillen from another adoption in 1985, "which further angered Gillen," court documents say. "This hatred was so immense that Gillen could not hide it — so much so that a Coffeyville police officer noted it while the Crosettos' granddaughter lay in a Tulsa hospital bed fighting for her life," the Crosettos' attorney said in the recent filings. Russell's affidavit says that when Gillen met with police and the Crosettos the day after Brooklyn went to the hospital, "Gillen's animosity toward Larry Crosetto was so obvious that Detective George indicated that she wishes that she would have recorded the interaction."
Repeated concerns
The lawsuit claims that before Brooklyn's death, "Gillen stonewalled the Crosettos' attempts to protect their grandchildren, arguing that it was her duty to do whatever she could to 'keep the family together.' The 'family' in this case consisted of Brook, her brother .., their natural father, Randy Coons, who at the time was living in squalor with his meth-addicted girlfriend, Melissa Wells, and her two children," one of whom had been the subject of a call to the SRS reporting center. The Crosettos argue that Gillen had a number of reasons to have Brooklyn and her brother removed from Wells' home: * An August 2006 report to the SRS Protection Report Center or hotline alleging Wells abused her own son. That boy's grandfather reported that the child had two nickel-size, black-and-blue bruises above the diaper line and a fading bruise under his right eye. Wells said the bruises came from falls, but her son's grandfather said he didn't believe her. He also reported that she smoked marijuana a lot, possibly with the child present. * A September 2007 report from Brooklyn's day care provider to the SRS report center that Brooklyn was being abused. In an affidavit, the former day care provider, Allison Horner, said that when she saw Brooklyn that September, "I was shocked by her condition. She had a black eye, a busted lip with stitches and random bruising all over her body. She was not the same little girl I had cared for just a few months earlier. ... It was very plain to me she was being abused." Horner called the SRS reporting center and gave details about Brooklyn's injuries and other information that would allow SRS to follow up. The report to the SRS hotline should have gone to Gillen "but is now nowhere to be found," the lawsuit says. * A November 2007 report from a school to the SRS center that Wells was suspected of abusing Brooklyn's brother. Gillen noted in a report that the boy came to school with a 2-inch-by-2-inch red mark on his face. "Wells confessed to Gillen that she had struck CSC (Brooklyn's brother) in anger leaving bruising that required icing at school later that day. Predictably, Gillen found the complaint 'unsubstantiated,' " the lawsuit says. * Repeated calls from Larry Crosetto to Gillen "detailing the abuse of his grandchildren." * "Deplorable living conditions in Wells' home that Gillen refused to investigate. She then lied to Crosetto about having visited there to get him to stop bothering her about it," the lawsuit says. * Evidence of drug use by Wells from two sources. * A Dec. 24, 2007, letter from a doctor to the local SRS office — which Gillen says she didn't get — reporting that Brooklyn had bruises that should be investigated. * On Dec. 28, 2007, Crosetto offered photos of bruises on the children. That same day, Crosetto told Gillen "that her refusal to do her job was going to end up causing the death of one of his grandchildren. ... Three weeks later, Brook was dead," the lawsuit says.
SRS worker defended
In a document filed early last month, SRS staff attorney Maureen Redeker defended Gillen, saying: * "There is no evidence of Ms. Gillen's intent towards Crosettos." * Gillen "is not liable for private violence." * There is no evidence that Gillen's conduct "created or increased the danger" to Brooklyn. * The risk to Brooklyn "was not obvious and known" to Gillen. * Gillen "did not act in conscious disregard of a known risk" to Brooklyn. * Gillen's "conduct was not conscience shocking."
A list of 'failures'
Regardless of whether Gillen is liable, she failed on the Coons case in multiple ways, court documents say. Russell, the former attorney general's official, said in an affidavit that Gillen failed to take actions required by her agency. Russell cited five areas: * "Failure to note prior SRS involvement with Wells ... ." * "Failure to take photos of the child to document the injury." * "Failure to complete a home visit; the site where the maltreatment occurred." * "Failure to report Wells' confession of intentionally hitting CSC (Brooklyn's brother, in the face) to law enforcement." * "Failure to interview additional significant caretakers of the children." Russell's investigation noted a lingering question: What happened to the letter the doctor wrote addressing bruises and other marks on Brooklyn about three weeks before she died? The doctor sent the letter to the Coffeyville SRS office. The doctor's letter "noted concern of abuse, listed marks and bruising, referenced records of past injury... and requested SRS look into child's environment and provide a report back to him," Russell's review said. Gillen should have received it, but there is no record of it being received, Russell's affidavit says.
Gillen's role crucial
Russell found that the role of SRS and Gillen was crucial. "Law enforcement, the school, the doctor, a daycare provider, and others interviewed indicated that they were under the impression that SRS/Gillen was investigating and addressing the Coons abuse and neglect concerns." Larry Crosetto tried other routes besides Gillen and the doctor. On Nov. 5, 2007, he called Fire Chief Greg Allen to voice concerns about living conditions at Wells' home. Allen inspected the home's exterior and left a note asking permission to check inside but never heard back from Wells or Randy Coons. On Dec. 12, 2007, when Crosetto sought help from school district officials, he was told "that the school could do no more as the matter was in the hands of the SRS." Crosetto feared that if his grandchildren were removed from their father, he probably would not see them again. But after his grandson was struck in the face, he decided his "fears were insignificant compared to the welfare of the children," and from then on "he really started to push Gillen to protect the children," the lawsuit says. Crosetto called Gillen on Nov. 6, 14, 15 and 16. "She refused to return my calls," his recently filed affidavit says. On Nov. 20, Gillen "finally accepted a call from me. ... I tried to discuss my concerns about bruising on Brooklyn and the suspected drug use of Melissa Wells. Gillen said those were police matters and refused to discuss them."
Sunday, January 23, 2011
Editorial: Justice for all
Posted: January 21, 2011 - 6:14pm
Cjonline.com
The Justice Department has taken a nice first step toward ensuring that Americans aren’t victimized by powerful individuals who are supposed to be protecting them. Earlier this week, department officials announced they had created a new internal watchdog office to investigate federal prosecutors accused of misconduct. The goal of the office, known as the Professional Misconduct Review Unit, is to ensure that prosecutors are investigated quickly and that punishment is meted out more consistently in situations when misconduct is confirmed. A move toward tighter oversight is overdue. Earlier this month, an investigation by USA Today provided abundant evidence that the Justice Department’s existing oversight group, the Office of Professional Responsibility, wasn’t cutting it. The news organization found that the department cleared the vast majority of prosecutors who’d been hit with complaints about misconduct. The justification commonly given by federal officials in those cases that the prosecutors did not intentionally break the rules. What’s more troubling is that, even in cases when prosecutors were found to have intentionally committed wrongdoing, firings were rare. Most often, the cases resulted in reprimands, suspensions or agreements that allowed prosecutors to step down from their jobs with clean records. Even the founder of the Office of Professional Responsibility admitted, before he died in 2007, that the office needed to be abolished. He said a “history of delays and the bureaucratic layers superimposed on it” had made it ineffective. Getting prosecutors under control is a matter of critical importance. USA Today uncovered 201 cases over the last 14 years in which courts ruled that prosecutors had run afoul, including instances that resulted in innocent people being incarcerated and guilty individuals being released from custody. So it was encouraging to see the federal government take steps to get its house in order. That said, the upgrade in oversight will only be as good as it’s designed and implemented. Will the internal investigators be given proper authority and resources to do their work effectively? Have systems been put into place to ensure they’re held accountable for their actions? Only time will tell whether the new measure will help clean up the system. Still, it’s a comfort to know the Justice Department is working toward that goal.
Thursday, December 2, 2010
Guilty, but no jail time for head of prostitution ring
Severe bad health did the trick for John St. Marie, 66, a former assistant Hennepin County attorney who ran "Nice Guys." The man behind a secretive online prostitution ring for a group of well-to-do men who dubbed themselves "Minnesota Nice Guys" won't receive any jail time. John St. Marie, 66, a former assistant Hennepin County attorney, pleaded guilty Tuesday to three felony counts of promoting prostitution. The lack of jail time recognized his severe health problems, said Jim Dahlquist, St. Marie's attorney. He could be sent to jail if he violates his probation, and was ordered to pay a sum to a women's advocacy group. "An offer was made, and we went ahead and did it," said Dahlquist. "John has a great deal of respect for the legal process, and he decided not to prolong the issue." St. Marie, who uses a wheelchair because of childhood polio, can move his neck and a finger on his left hand. Post-polio syndrome forced him to retire in 2003 because he needs round-the-clock health care, said Dahlquist. The deal was made before an upcoming settlement conference with the Ramsey County attorney's office, which handled the case because of St. Marie's employment with Hennepin County. A key consideration in making the deal was the great expense to taxpayers to incarcerate him, said Paul Gustafson, spokesman for the county attorney's office. "He did plead guilty to three counts and is now a felon, plus he has been disbarred because of the charges," Gustafson said. "We had to be practical, too, in terms of would it send any greater message to send him to prison knowing there would be significant expense involved." As part of the plea agreement, three other counts of promoting prostitution were dismissed. St. Marie will be sentenced Jan. 20, at which time Dahlquist said his client "will have a lot more to say." St. Marie, of Minneapolis, couldn't be reached for comment, but Dahlquist said "this has been tremendously difficult for him. ." The case against St. Marie and the "Nice Guys" started in July 2008 and lasted more than a year. Police said St. Marie built a client list of 30 business owners, lawyers, accountants and mortgage bankers who met women at some of Minneapolis' finest hotels. The group got its name because members had clean backgrounds, regarded themselves as above mistreating the women and paid well, police said. The men would receive e-mails advertising when the women would be flown in from Florida, and St. Marie scheduled appointments. One man said he was willing to pay $1,200 for a woman, according to the charges. The "Nice Guys" ring was one of the more unusual rings they've seen in Minnesota, said Sgt. Grant Snyder and Sgt. Matt Wente, investigators for the Minneapolis Police Department's Violent Offender Task Force. The sophisticated operation flew under the radar for at least three years, police said. The investigation also brought down MyFastPass.com, the Twin Cities' largest locally owned prostitution website. Seven of the "Nice Guys" were charged with gross misdemeanor soliciting prostitution this month. Many of the men learned of St. Marie's reputation for luring women to Minnesota through a website for self-described "hobbyists" looking for high-dollar escorts. Police did surveillance in hotel rooms of several johns who were set up by women who worked for St. Marie but cooperated with police once the investigation began. In one recorded conversation, St. Marie paid for a woman's airline tickets and hotel stays in exchange for sex, the charges said. St. Marie didn't prosecute prostitution cases during his 28 years with the Hennepin County attorney's office. He represented social-service agencies and did civil commitments for mentally ill and chemically dependent people. Although he hadn't practiced law since he retired, the state disbarred him this month.
Lakin “Sex Accusation,” Still Investigated, Prosecutor Says
BY NICHOLAS J.C. PISTOR
Tom Lakin on April 23, 2007, after turning himself in to authorities and posting bond following his federal indictment.
EDWARDSVILLE, IL • After a 15-year-old boy accused one of Metro East's most powerful political figures of arranging to watch him have sex with women and then engaging him in a sex act, a state prosecutor vowed a swift investigation. Four years later, the promise remains, but the investigation is unfinished against Tom Lakin, a multimillionaire lawyer and big-time Democratic Party bankroller who was once at the pinnacle of Madison County's renowned personal injury litigators. Lakin did land in federal prison on a drug conviction. And he is being sued in civil court over the sex claims. But that suit has been stalled, its lawyer says, by the unfinished state case. "We can't proceed with our civil suit with the state saying it's considering prosecution," lamented Ed Unsell, an East Alton lawyer representing the boy, now 20, in a suit filed in 2006. "This boy needs vindication," Unsell insisted. Charles Colburn, a lawyer with the Illinois Office of the State's Attorneys Appellate Prosecutor, confirmed in a recent interview that its probe is still moving forward. He blamed difficulties in obtaining some unspecified piece of federal evidence for the delay. The investigation was initially stymied by issues of conflicts of interest and overlapping investigations, most of which were sorted out years ago. Lakin, who once headed the powerful Lakin Law Firm in Wood River, pleaded guilty in 2008 in federal court of possession with the intent to deliver cocaine, distributing cocaine to a person under 21 and maintaining a drug-involved premises. In exchange for that plea, federal prosecutors dropped their sole sex-related charge, that claimed Lakin took a minor to his second home in Malibu, Calif., with the intent of having oral sex. That allegation involved the same boy, a family friend, who said Lakin set up sexual encounters with women, young and old, to watch in 2005 and directly engaged in oral sex acts with him. The bulk of allegations involve incidents at Lakin's home in East Alton, thus falling under Illinois statutes. The allegations were reported to the Illinois State Police in 2005, but no charges were filed. William Mudge, the Madison County state's attorney, said at the time he was given only a "very general claim" and never a formal police report to act upon. Mudge later declined to get involved because the law firm where he worked before he was appointed state's attorney 2002 — Lucco, Brown & Mudge — had represented Lakin in his second divorce. The case was handed over to Illinois Attorney General Lisa Madigan, who also declined, reportedly citing conflicts of her own that included $66,000 in campaign donations from the Lakin family that was in addition to a $5,695 donation of airplane use for her campaign, estimated to be worth $5,695. Mudge ultimately asked that a special prosecutor be appointed. Lakin, 70, is serving his six-year drug sentence in a federal prison in Fort Worth, Texas, and is set for release in November 2013. He and his lawyers have long denied the sex-related allegations — which carry heavy penalties — and have pledged to fight them. The dropping of the sex-related claim from the federal case was widely considered a personal victory. Federal prosecutors also dropped, without explanation, their initial requirement that Lakin cooperate in other investigations involving judges and lawyers in Madison and St. Clair counties. Colburn, the special prosecutor, said, "It's an unusual case where the suspect is in custody." He suggested there is no pressing need to keep Lakin behind bars. Stephanee Smith, a spokeswoman for the Madison County state's attorney's office, said the cost of the special prosecutor is included in a flat fee of $30,000, based on population, paid to support the appellate prosecutor's office.
Subscribe to:
Comments (Atom)