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A second look at some news stories

Wednesday, Aug 3, 2011 - Posted by Rich Miller

* This story got big play today

Moments after Gov. Pat Quinn signed legislation Tuesday aimed at preventing movable soccer goals from tipping over and causing death or injury, an emotional Michelle Tran, the mother of a Vernon Hills boy killed eight years ago by a falling goal, pulled him aside to offer a final thanks.

Quinn put an arm around her shoulder and remarked that the law was an example of democracy in action. He shared a similar sentiment with the crowd gathered at the Waukegan SportsPark, praising the Tran family for its dedication toward turning a tragedy into “an educational mission.”

“I think that the tragedy that occurred was a wake-up call that we have to protect our children and make sure there’s safety in recreational activities,” Quinn said, adding that the Trans provided an example of what happens when “thoughtful, committed people band together, not for profit, but for a cause they believe in.”

In October 2003, 6-year-old Zach Tran, a first-grader at Hawthorn Option School, died of head injuries suffered when an 18-foot-by-6-foot, 186-pound soccer goal toppled and struck him from behind while he was practicing with his greater Libertyville Soccer Association team.

Raw tape of the emotional press conference…

But there’s a loophole

The law requires groups with moveable soccer goals to develop safety policies to prevent the metal structures from falling over. It also bans the manufacture or sale of soccer goals that aren’t tip resistant beginning in August 2012.

But it’s got a major loophole: goals made before then will be exempted.

* This story broke while I was on vacation

Astoria Gardens & Rehab Center will close next week due to late payments from the state, Administrator Steve Axelbaum said Thursday.

When asked why, he answered, “That can be placed at the door of incompetent leadership of the state of Illinois, in all parties throughout the state, when it comes to health care reimbursement. It is pathetic that we wait six months to receive our payments.

“It is criminal that we provide services for the state, and they don’t pay us for six months. Nothing can survive in this environment,” Axelbaum said.

He said 35 residents would have been at the 60-bed nursing home in Astoria at the time of closing, but arrangements are being made to move them to other facilities.

Horrible, eh? Maybe not. The owner may not have told the truth

Recent reports that the Astoria Gardens and Rehab Center in Astoria, IL will be closing its doors due to late payments from the State of Illinois are inaccurate, according to State Senator John Sullivan (D - Rushville) and State Representative Norine Hammond (R- Macomb).

While the State of Illinois is behind in payments to other organizations such as schools, businesses, and non-profits across the state, the State is not behind in payments to nursing home facilities, including Astoria Gardens.

Calls to the Illinois Comptroller’s office and the Illinois Department of Healthcare and Family Services (HFS) confirm that Astoria Gardens has consistently received payment from the State within 30 days of submitting a voucher for the last 2 years. In fact, in order for the State to receive enhanced Federal funds through the American Recovery and Reinvestment Act (ARRA), the State was required to pay nursing homes and long-term care facilities on a 30-day payment cycle.

Oops.

* Meanwhile, what appears to have been a very nasty and quite expensive McHenry County witch hunt has finally ended… again

For the second time this year, Winnebago County Judge Joseph McGraw rendered a directed verdict of not guilty following an official misconduct trial for McHenry County State’s Attorney Louis Bianchi.

In his verdict Tuesday, McGraw said that while he might not agree with every decision made by the McHenry County State’s Attorney’s office, none of those decisions rose to the level of a criminal act.

The two-day trial was the second this year alleging misconduct by Bianchi while serving as state’s attorney, and the second to end with a directed verdict, meaning the defense did not have to present its case and the prosecution was unable to prove the allegations of official misconduct. McGraw also presided over the first trial in March.

More

Bianchi, first elected in 2004, has said all along that he was a victim of a nasty political scene in McHenry County. He maintained that the county’s defense lawyers’ bar and others resented that he often took cases to trial instead of accepting plea bargains and pointed to a falling-out with previous supporters.

McHenry County Republican Chairman and State Rep. Mike Tryon did not discount the role of politics.

“Not one charge stuck,” Tryon said. “I think that says it all.”

The case has cost county taxpayers hundreds of thousands of dollars and turned up nothing. Maybe somebody ought to investigate the investigators.

* Roundup…

* Chicago Ending Overnight Aid for Homeless After State Cuts Funding

* New plant promises jobs, clean energy

* Illinois’ productivity is ahead of its neighbors

* 1,100 Illinois workers to lose jobs by year’s end: The biggest cuts are being made by Sun-Times Media, which last month announced it would eliminate more than 400 jobs when the Chicago Tribune Media Group begins handling some of its printing operations… Schofield Media Group LLC in downtown Chicago is closing, resulting in pink slips for 107 employees.

* Quinn names acting aging department director

* Felons found with guns now face automatic jail time

* State program helping people get their first home

* New Law Helps Protect Homeowners from Fraud After Natural Disasters

* Jo Daviess, Stephenson counties assess flood damage

       

19 Comments
  1. - Leroy - Wednesday, Aug 3, 11 @ 6:52 am:

    I too was quite interested in the Astoria Gardens story since I know the ARRA requirements to pay hospitals, nursing homes, and physicians in 30 days. HOWEVER, the state was not obligated to pay other social service providers,such as providers that serve children and adults with intellectual disabilities in 30 days….many of those providers are still owed money from the previous fiscal year (and they are mostly Medicaid payments).


  2. - Allen Skillicorn - Wednesday, Aug 3, 11 @ 7:30 am:

    I guess goal posts are a greater priority than paying bills on time or making sure pensions are funded.


  3. - DRB - Wednesday, Aug 3, 11 @ 7:42 am:

    It is a tragedy that Zach Tran died from a soccer goal. In spite of that, I disagree with this law. This law nothing short of an overt attempt to legislate common sense, something that we know does not work.


  4. - MrJM - Wednesday, Aug 3, 11 @ 8:56 am:

    I find this line from the Tribune’s Louis Bianchi story disturbing:

    “It’s the absolute discretion of the prosecution to charge or not to charge and what to charge,” [Michael Ficaro, a former prosecutor] said.

    “Absolute discretion” isn’t something that most citizens associate with “Justice.”

    – MrJM


  5. - dupage dan - Wednesday, Aug 3, 11 @ 9:09 am:

    MrJM,

    It is a mistake to equate justice with fairness.

    Please tell me whose discretion should be in play here? Should we set up a committee to determine what cases to charge, etc?


  6. - reformer - Wednesday, Aug 3, 11 @ 9:27 am:

    The only one with a conviction in the McHenry County case is the whistle blower. That says it all.


  7. - reformer - Wednesday, Aug 3, 11 @ 9:28 am:

    dupage dan
    Do you agree that that wider the discretion of any powerful official, the more likely the abuse?


  8. - Plutocrat03 - Wednesday, Aug 3, 11 @ 9:50 am:

    The sad part of the soccer goal legislation is that it does not accept the fact that the nets do not fall over on their own. The vast majority of these cases involve children using the nets as climbing walls. Isn’t there supposed to be adult supervision?

    Another case of feel good, photo op legislation.


  9. - dupage dan - Wednesday, Aug 3, 11 @ 9:52 am:

    reformer,

    Yes, I do. Suggest an alternative. Do you think that this States Attorney is the only one with that discretion? We certainly see in Lake Cty and Will Cty where the discretion of law enforcement and prosecutors was abused. Since the States Attorney is an elected position, voters have a regular opportunity to choose who they wish to be in that position.

    Many attorneys have told me that one should not equate fairness with justice. Sometimes things go wrong, or people abuse their authority. Do we then remove authority from the position, or do we address the individual involved?


  10. - Michelle Flaherty - Wednesday, Aug 3, 11 @ 10:13 am:

    Reformer, thank you for pointing out the whistle blower circumstance. Been wondering where all the great reformers — BGA, Campaign for Political Reform — have been on this case.


  11. - PublicServant - Wednesday, Aug 3, 11 @ 10:15 am:

    A law professor of mine had a great saying when a student shouted that a legal decision was not just. He said “If you want justice, go to divinity school”.


  12. - Wumpus - Wednesday, Aug 3, 11 @ 10:47 am:

    They should put a lien on the state’s property. Better yet, they should simply go to a toll oasis and start taking money. This is not right.


  13. - reformer - Wednesday, Aug 3, 11 @ 12:12 pm:

    dan
    I’d prefer better checks & balances on prosecutorial discretion than we have today. I understand the theory about elections providing accountability, but I doubt it works so well in reality.


  14. - dupage dan - Wednesday, Aug 3, 11 @ 12:26 pm:

    reformer,

    “I prefer” is a platitude. Specifics, please. Otherwise, you are just flapping your gums.


  15. - titan - Wednesday, Aug 3, 11 @ 12:39 pm:

    THe goal post thing sounds like something that might better fit within the realm of the civil courts (and product liability law). Not everything that is ‘bad’ is appropriate for specitic legislation


  16. - Jim - Wednesday, Aug 3, 11 @ 3:02 pm:

    The SA may be a complete low-life, but I can’t believe any competent prosecutor would file a case based on the facts described here. This was a dead bang loser from day one.


  17. - Yes, but - Wednesday, Aug 3, 11 @ 5:27 pm:

    It was Bianchi who choose to prosecute the whistle-blower, who received a minimal punishment. He started the whole circus himself — no sympathy for him from me. My sympathy goes to the taxpayers who got to pay for this insanity.


  18. - Michelle Flaherty - Wednesday, Aug 3, 11 @ 8:15 pm:

    Yes but,
    So the whistle blower pleads guilty to a crime that a judge later says didn’t occur.
    Yep, that’s justice, McHenry Co style.
    Notice how the BGA and Campaign for Political reform haven’t been on a jihad over this? All it involved was admitted campaign work on government computers. Apparently that’s only a big deal if it involves the state.


  19. - wordslinger - Wednesday, Aug 3, 11 @ 9:02 pm:

    –Recent reports that the Astoria Gardens and Rehab Center in Astoria, IL will be closing its doors due to late payments from the State of Illinois are inaccurate, according to State Senator John Sullivan (D - Rushville) and State Representative Norine Hammond (R- Macomb).–

    It’s refreshing to see that Rep. Sullivan and Rep. Hamond seem to be on top of a situation involving some of their most vulnerable constituents.

    That’s quite a contrast from the public service that the folks in Charleston got, where an abusive and murderous group home for developmentally disabled adults run by a former EIU Big Man on Campus took millions in profit from state taxpayers for years without a peep now or then from their representatives.


Sorry, comments for this post are now closed.


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