* Lake County News-Sun…

A Lake County judge Friday dismissed all criminal counts against Waukegan City Clerk Janet Kilkelly, ruling that misleading grand jury testimony compromised indictments that alleged Kilkelly illegally waived fees to local businesses as part of a COVID-era relief effort.

Judge Patricia Fix said the flawed grand jury testimony from an Illinois State Police investigator resulted in due-process violations against Kilkelly, who had been charged in March with 10 counts of official misconduct and misapplication of funds.

“I would also like to thank the Waukegan residents who have always supported me, and who sent me their support and their well-wishes during this very difficult time,” she said in the statement. “As someone who has dedicated over 40 years of their life to the Waukegan community, I promise to continue serving and helping all Waukegan residents as their city clerk.”

Her attorneys, Donald Morrison, James Bertucci and Ricardo Meza, issued a joint statement that said in part, “We were always confident that Janet was 100% innocent of all charges and today’s ruling confirms that.”

Let’s drill down a bit.

* From Judge Patricia Fix’s ruling, with highlighting by me…

At the grand jury proceeding on these charges, the [Lake County State’s Attorney’s office] offered testimony from only one witness, Illinois State Police Special Agent David Juergensen. Juergensen explained that under the Waukegan City Code of Ordinances, Sam Cunningham, Mayor of Waukegan from 2017 to 2021, also acted as the Local Liquor Control Commissioner. In this capacity, Mayor Cunningham had the authority to appoint one Deputy Local Liquor Control Commissioner.

Jurgensen then testified:

Q: .. .in approximately 2017, did Mayor Cunningham appoint [Defendant] to serve as Deputy Liquor Control Commissioner?
A: Mayor Cunningham did do that, yes.
Q: And [Defendant] remained in that role through June of 2021?
A: That is correct.
Q: And in that role, she possessed final authority to issue and approve liquor and gaming licenses?
A: She did.

This testimony was false. […]

in the hearing before this court, former Waukegan Mayor Sam Cunningham testified that he never appointed Defendant as Deputy Local Liquor Control Commissioner. Current Waukegan Mayor Ann Taylor also testified that she never appointed Defendant as Deputy Local Liquor Control Commissioner.

In his testimony before this court, Juergensen stated that Defendant never identified herself as Deputy Local Liquor Control Commissioner. Juergensen admitted that he assumed Defendant had been appointed as Deputy Local Liquor Control Commissioner. Juergensen testified that he never asked former Mayor Cunningham whether Cunningham appointed Defendant as Deputy Local Liquor Control Commissioner. Juergensen further informed the court that none of the documents he reviewed identified Defendant in that role.

You gotta be kidding me.

* Ah, but there’s more…

Juergensen then testified that in his review of all the businesses who applied for the Covid credit relief, some were in good standing, but “the greatest majority were not in good standing.” […]

Based on Juergensen’s testimony the grand jury granted a true bill.

* Except, there was no definition of “good standing” in the ordinance…

Glaringly, Juergensen informed this court that he had his own personal idea of what the term “in good standing” meant for an organization to receive the Covid credit. Further, that crucial, and potentially exculpatory witnesses were never interviewed by Juergenson to ascertain a definition of “in good standing”.

Further, former Mayor Sam Cunningham testified that he did not know what the term “in good standing” meant; although the purpose of the resolution was to reduce required fees for Waukegan businesses impacted by the pandemic.

Robert Long, an attorney who drafted Resolution No. 20-R-95 as Waukegan’s Corporation Counsel, admitted that he did not include a definition of “in good standing” in the resolution, but had intended to prevent businesses with serious infractions, such as building code violations and repeated police activity, from receiving the credit.

None of those businesses had any of those “serious infractions” Long mentioned.

Unreal.

* Back to Judge Fix…

In this matter, so much misleading and false information was presented to the grand jury on material issues that the denial of due process is unequivocally clear. John Adam’s once famously stated “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” Perhaps even more pointedly Mark Twain stated, “Get your facts first”. Indeed, had ALL the facts been initially known and presented to the Grand Jury, there would likely have been a different outcome.

In conclusion, the court finds the State’s presentation of a wholly inaccurate definition of the role of Defendant as Deputy Local Liquor Control Commissioner, coupled with the witnesses unsubstantiated personal definition of the term “in good standing” to be false, misleading and material and as such, affected the grand jury deliberations in a way that caused prejudice, actual and substantial, and a complete denial of due process.

So, Kilkelly was indicted based on the imagination of the investigator who also served as the lone grand jury witness?

The Illinois State Police and the Lake County State’s Attorney need to answer for this.