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* UPDATED x1 * Whistleblower says unchecked criminal was allowed to care for a veteran

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* Back on July 23rd, US Rep. Tammy Duckworth appeared at a campaign event in Will County and tried to give her side of a workplace retaliation lawsuit which had been settled not long before. Two former employees at the Anna Veterans’ Home in deep southern Illinois had claimed Duckworth got rid of them after they blew the whistle on poor management.

The case was settled “for attorneys fees and they got not a dime, which sort of tells you that they have no case,” Duckworth said of the plaintiffs, even though the plaintiffs later claimed they were promised $9,000 each. “So, um you know, this is what they do, they don’t tell the truth and they put it out there. And when they, and you, if your job is to serve veterans, and you’re not doing your job, yeah, I’m going to come after you. And you can go sue me all you want. But I am going to hold you accountable.” Click here to watch the video, which was posted soon after by the Kirk campaign’s tracker.

As you already know, the plaintiffs have decided to withdraw from the settlement agreement. The attorney general’s office, which handled the case, claims the plaintiffs are locked in. It’ll likely be up to a judge to figure things out.

* And at least one of the two plaintiffs, Christine Butler, now appears to be cooperating with US Sen. Mark Kirk’s campaign. The Kirk campaign admits it showed the video of Duckworth’s remarks to Butler, and a top campaign aide facilitated a chat yesterday between myself and Butler about a potentially explosive allegation regarding alleged lax management at the Anna Veterans’ Home.

Butler sent Duckworth, who was then the director of the Illinois Department of Veterans Affairs, an e-mail on April 28, 2007 about a troubling incident at the veterans’ facility, where she worked until Duckworth personally fired her.

The families of veterans in the home are allowed to hire people to provide additional care for residents. The day before Butler sent the e-mail, five people were brought in to care for an unidentified veteran. “The appearance of these individuals was simply awful, along with there (sic) personal hygiene,” Butler told Duckworth. Click here to see that e-mail.

According to her e-mail, one of the five allegedly called a contractor a “queer,” and Butler claimed she’d heard second-hand from her union president that an upset resident had asked that he not be allowed back in.

* This is how it’s described in Butler’s lawsuit filed in 2009…

On April 18, 2007, Plaintiff Butler sent an e-mail communication to Defendant Duckworth regarding an incident in which five non-employees of the IDVA had come to the Anna Veterans Home the previous day and requested permission of Defendant Simms to provide care to one of the veteran residents of the Home. Defendant Simms had granted them permission to do so, despite the fact that there were obvious concerns about the appearance, hygiene, and conduct of the individuals – and Defendant Simms had not yet conducted a background check on them. By the next day, the five ostensible care-providers had become abusive, both to the veteran and a contractor working at the facility, as well as loud and disruptive, and were required to leave the facility

* However, Butler claimed in her conversation with me yesterday that the facility’s acting manager had hired the five people out of a local Public Aid office. She claims they were sitting in the lobby, and were asked if they needed work.

Butler claims the person who caused most of the trouble that she wrote Duckworth about in her e-mail was Jessie Bell. A background check would’ve likely found some criminal conduct in his past. But no background check was performed, Butler told me, because her supervisor said she needed to hire people “ASAP.”

* The Kirk campaign sent over Bell’s rap sheet…

• 1998: Guilty Of Felony For Possession Of Stolen Vehicle;
• 2000: Guilty Of Felony For Knowingly Damaging Property, Guilty Of Misdemeanor For Aggravated Battery, Battery Causing Bodily Harm (Judici.com, Accessed 8/1/16);
• 2004: Guilty Of Misdemeanor Battery Causing Bodily Harm (Judici.com, Accessed 8/1/16);
• 2006: Guilty Felony Aggressively Fleeing Police (Judici.com, Accessed 8/1/16);
• 2008: Guilty Misdemeanor Domestic Battery (Judici.com, Accessed 8/1/16);
• 2009: Guilty Felony Of Aggravated Battery In A Public Place (Judici.com, Accessed 8/1/16);
• 2012: Guilty Felony Retail Theft (Judici.com, Accessed 8/1/16);
• 2014: Guilty Felony Domestic Battery With 3 Prior Convictions (Judici.com, Accessed 8/1/16);

* And then there was this…

• 2014: Guilty Felony 2nd Degree Murder (Judici.com, Accessed 8/1/16).

In 2015, Jessie Bell Was Convicted Of 2nd Degree Murder And Sentenced To 20 Years In Prison. (Christy Hendricks, “Anna man sentenced to 20 years for 2nd-degree murder,” KFVS, 8/3/15)

Jessie Bell Is Currently Serving His Time At The Pinckneyville Correctional Center In Pinckneyville, Illinois. (Illinois Department of Corrections, Access 8/1/16)

Oof.

“Not one time was any corrective action plan put in place to ensure that this kind of activity never took place again,” Butler claimed yesterday. She filed a complaint with the Inspector General’s office on April 30th. Duckworth fired her in person days later.

* Even so, it should be noted that Butler’s original IG complaint apparently didn’t contain the allegations about the lack of background checks on Bell or anyone else. And this is Duckworth’s side of the story from her 2015 affidavit…

Duckworth obviously believed that Butler was a rumor-mongering troublemaker. “Based on my own investigation,” she wrote in her affidavit, “I regarded many of her allegations as interpersonal issues or unsubstantiated hearsay.”

* Even so, that alleged problem of unchecked outsiders being brought in to assist veterans most definitely should’ve been addressed, and Duckworth should have “gone after” the people responsible. They got lucky that nothing really bad happened.

*** UPDATE *** Here’s a summation of a conversation I just had with some high-level folks at the Attorney General’s office…

It’s worth noting that these folks were allowed into the veterans’ home on the 17th of April. The home’s acting manager told the five to get out of the veterans’ home the very next day, on the 18th of April. By the time Butler met with Duckworth a few days later, the incident had been dealt with. This case is primarily about issues and conflicts between the facility director and the plaintiff Butler.

posted by Rich Miller
Wednesday, Aug 3, 16 @ 12:19 pm

Comments

Tammy had a serious lack of experience and training before being appointed to such a responsible position. It’s an overwhelming position that overwhelmed her. Surely, she got better as she went along. But in another thread today we’re discussing qualifications. On the professional side, she simply wasn’t qualified for this position.

Comment by A guy Wednesday, Aug 3, 16 @ 12:30 pm
I never knew Cong. Duckworth received a Ph.D from the prestigious Capella University. In fact, she is listed on Wikipedia as a “noted alumnus” along with such luminaries as the Ugandan Finance Minister. (Is that the person who sends all the emails wanting to split a lot of hidden money if you send him your bank info?)

To the Post, firing someone for “insubordination” on the first offense. is a reach in the first place. The plaintiffs must not have been in the bargaining unit.

Comment by Arthur Andersen Wednesday, Aug 3, 16 @ 12:57 pm
Does the Kirk campaign have anything else to throw at Duckworth beside cheerleading for disgruntled ex-employees and the Syrian refugee hit? Is there any affirmative reason they put out to vote Mark Kirk that just doesn’t get covered or do they even try? Because I have seen zero else.

When the complainants are coordinating messaging with Kirk’s campaign why should this state’s majority Democrats see this as a serious ethical issue to cause a party flip vs. just processing it as standard political sniping from a Republican against a Democrat?

Whatever the substance is here, I would be shocked if this hit works to keep Kirk’s seat.

Comment by hisgirlfriday Wednesday, Aug 3, 16 @ 1:12 pm
was NOT expecting “murder” to play into this case at any point…wow

“oof” is right

Comment by anonymous Wednesday, Aug 3, 16 @ 1:15 pm
===they don’t tell the truth and they put it out there.===

This kind of statement being made available to a judge attempting to determine whether or not a settlement is final can clearly indicate that Representative Duckworth is not actually interested in a settlement either. Further, if she is misrepresenting what the settlement was, it may be due to her confusion over what the terms were.

I just don’t grasp how they could be handling this so poorly. That’s not how you’re supposed to talk about a settlement.

Granted, she apparently thought she had the ability to fire someone when she didn’t, so there’s that.

Comment by Anon Wednesday, Aug 3, 16 @ 1:19 pm
== why should this state’s majority Democrats see this as a serious ethical issue ==

Well, because as human beings if they have ever had a friend or loved one treated or housed in a veterans’ home they now know it’s possible that this sort of unsuitable, unqualified and un-vetted individual was allowed to be near them.

This has taken on political overtones because it’s election season. But “political sniping” hardly begins to cover the seriousness of the negligence that has been brought to light here.

Comment by Responsa Wednesday, Aug 3, 16 @ 1:24 pm
The one thing I know for true is that in 2007 nobody was hired from a “local Public Aid office”. The Department of Public Aid was split into various agencies and ceased to exist some years before that. I had been in small county Public Aid office when the Department did exist, both suing and defending them, and never saw five people siting around. Several did not even have five employees.

Comment by Bigtwich Wednesday, Aug 3, 16 @ 1:28 pm
“a rumor-mongering troublemaker” That’s the way fired whistle blowers are always portrayed.

Comment by Michael Westen Wednesday, Aug 3, 16 @ 1:34 pm
===if your job is to serve veterans, and you’re not doing your job, yeah, I’m going to come after you. And you can go sue me all you want. But I am going to hold you accountable.=== (Duckworth at Will Co. campaign event)

But wait, I thought, in her official statement, she said the employee was fired for “insubordination”.

Comment by Reme Wednesday, Aug 3, 16 @ 1:36 pm
What’s concerning about this to me is that I really want to vote for Duckworth. I like her personality and I’m definitely not a “fan” of Kirk. Also I’m a fairly liberal Democrat and there’s a chance that the Dems could take back the Senate. Beating Kirk would really help and I like the idea.

Given all that, I didn’t think this story could change my vote. However, I’m going to have to do some deep thinking now.

If this story can make me–as a very solid Democratic voter and a “fan” of Duckworth–rethink my support for Duckworth, then I’m guessing she’s in trouble.

Comment by Chicago_Downstater Wednesday, Aug 3, 16 @ 1:36 pm
If what Bigtwitch says is true, there seems to be an issue of credibility of the statements of one of the plaintiffs.

Comment by illini Wednesday, Aug 3, 16 @ 1:46 pm
Bell looks like a real winner.
http://thesouthern.com/news/local/crime-and-courts/updated-bell-found-guilty-of-second-degree-murder/article_667df44e-8876-58e4-a9f4-bfce57aa3c8f.html

Comment by peets Wednesday, Aug 3, 16 @ 2:01 pm
AG office is going to look bad if the majority of settlement is actually damages. certainly not the way it was portrayed

Comment by randolph Wednesday, Aug 3, 16 @ 2:09 pm
Just to be clear these are not state employees. these are people hired by the vets families. The Supreme Court held that it is discrimination bar people based on prior criminal records with limited exceptions.

So Rich you are supportve of random criminal background checks of private visitors? it would be illegal to deny them jobs based in those criminal convictions. so the background check would serve no purpose but create liability.

Comment by Ghost Wednesday, Aug 3, 16 @ 2:16 pm
==Whatever the substance is here, I would be shocked if this hit works to keep Kirk’s seat.==

You must not remember the 2010 campaign. If there’s one thing Kirk knows how to do, it’s keep pounding a negative story of an opponent to keep it in the news and his opponent on the defensive.

Comment by Anonymous Wednesday, Aug 3, 16 @ 2:20 pm
Wow. Can’t wait to see the sharp dagger of an ad that any competent campaign could make of this. Doing 20 years for murder? Yikes. This could be a game-changer.

Comment by LessAnon? Wednesday, Aug 3, 16 @ 2:24 pm
Responsa is correct. No matter your opinion of the whistleblowers’ motives, it is hard to deny they have brought forth what could turn out to be a very serious issue for Congresswoman Duckworth.

Comment by John Charles Fremont Wednesday, Aug 3, 16 @ 2:38 pm
I’ve held Duckworth in low regard ever since she was picked by Rahm Emanuel to stand as the pro-war Democratic Party primary candidate over the anti-war Christine Cegalis in 2006, despite her strong showing in previous races against incumbent Henry Hyde.

Duckworth’s crash and burn wouldn’t bother me at all.

I relate my opinion about Duckworth as a veteran who has a strong personal interest in the integrity of the VA.

Comment by Glenn Wednesday, Aug 3, 16 @ 2:47 pm
These allegations about the 5 individuals being recruited at a public aid office are troublesome. And I totally agree that the record of Mr. Bell is disturbing, but look at the dates. Granted he had a record in 2007 when hired. I always use Judici when checking out potential contractors, tenants and anyone who I would be obligated to pay. I would have passed on him because of his record even in 2007.

Yet the headline grabbing aspect of this incident happened 7 years later. Just saying.

Comment by illini Wednesday, Aug 3, 16 @ 2:48 pm
@Anonymous 2:20 — I remember the 2010 campaign and all the Crossroads GPS money that pushed Kirk over the top against a failing bank owner at the height of anti-bank frenzy. Where’s his Super PAC $$ now?

Comment by hisgirlfriday Wednesday, Aug 3, 16 @ 2:48 pm
LessAnon?

Yep, doing 20 years for a murder conviction that happened years after the firing took place is obviously Duckworth’s fault. #KatrinaPiersonHistory

Comment by Juice Wednesday, Aug 3, 16 @ 2:49 pm
Next, Democrats will be blaming this gentleman Jessie Bell’s turn to a felonious lifestyle on Butler’s misrepresentations of his flawless character to Duckworth.

He was, after all, before this unfortunate incident, by all measures, an upstanding citizen of the sort you might even let into your home for assisted living care.

Perhaps Jessie Bell may have a cause of action against Butler on this basis also.

Comment by Glenn Wednesday, Aug 3, 16 @ 3:11 pm
The point is, the warning signs on this guy re violence against others were clearly there with multiple battery convictions. This guy was clearly a danger to others in 2007, and his record culminated in murder. The “it could’ve been my family” ads almost write themselves. Not good.

Comment by Anonymous Wednesday, Aug 3, 16 @ 3:31 pm
I couldn’t help notice that half of the offences (including the murder (Oof)) listed by Sen Kirk occurred after the April 28, 2007 email from Butler.
When is the VA going to show some responsibility and hire a clairvoyant! /snark
The inclusion of these offences by the Kirk campaign was disingenuous.

Comment by JustAnObservation Wednesday, Aug 3, 16 @ 4:06 pm
ok. so AG just confirmed the story.

the point is a felon should have never been allowed in the home in the first place.

Comment by randolph Wednesday, Aug 3, 16 @ 4:08 pm
It looks like a previously convicted felon was hired for a day. One day. And then was expelled from the facility. Kirk better come up with a better reason than that to outperform Trump by twenty five points - or he is dead meat.

Comment by StephenSE Wednesday, Aug 3, 16 @ 5:24 pm
So–April 18 Butler sends detailed email to Duckworth (linked in its entirety above) about previous day’s events.

Sometime that same day April 18, coincidentally or not, the the un-vetted group of caregivers is sent out of the veterans’ home. (There may also have been complaints made by VA contractor and vets about this group.)

Duckworth thinks at that stage it’s been “dealt with” and wants it over.

Butler takes the position that it won’t be over and done until official measures are taken to acknowledge the admin failure and to prevent that from happening again. Butler seeks assurances from Tammy and things get testy.

Tammy fires the whistleblower Butler. At this point no disciplinary action against the acting manager? Simms? has been made public.

AG office had previously confirmed to Rich that the “settlement” did include something more than just attorney fees and court costs but nobody (including Tammy) seems to be entirely sure of the total amount or how much of it may have been slotted for the plaintiffs.

Does this about cover it?

Comment by Responsa Wednesday, Aug 3, 16 @ 5:39 pm
Bigtwich, I could be wrong, but weren’t the functions of Public Aid taken over by DHS?

I recall leasing space in the 70’s (Jeez, am I getting old) for an Employment Security office and Public Aid office in Anna. The Google tells me the former is gone, but the latter looks to have been replaced by a DHS office.

So, the naming may be off, but it’s entirely possible that the five folks in question were at the office formerly known as Public Aid. At one time or another, I was in most of the Public Aid offices in the State, and saw plenty of people sitting around on both sides of the counter.

I don’t think the issue makes any difference in the first place. She could have been told they came from the Baptist Church and it wouldn’t have made them any more cleaner, well-mannered, or in the case of Mr. Bell, less felonious.

Comment by Arthur Andersen Wednesday, Aug 3, 16 @ 5:56 pm