Tuesday, March 29, 2016

Belvidere aldermen defeat motion to return utility tax revenues to original purpose


  By Susan Vela
Staff writer , Rockford Register Star Posted Mar. 28, 2016 at 9:07 PM
BELVIDERE — With a 5-3 vote, Belvidere aldermen defeated a motion tonight to separate utility tax revenues for street and infrastructure improvements from the general fund.

Ald. Mark Sanderson was disappointed after the vote at the Committee of the Whole meeting. His "yes" vote, along with similar "thumbs ups" from Aldermen Clinton Morris and Clayton Stevens, weren’t enough to enforce stricter use of the utility tax dollars.

They wanted itemized tracking of revenues from the 5 percent tax in the proposed $19.2 million annual spending plan. A new budget year starts May 1.

The utility tax — placed on gas, electricity and telephone usage — was established 16 years ago to help pay for road repairs. Once the Great Recession arrived, there was an official decision in 2010 to place utility tax revenues in the general fund coffers.

“(But) we need to know where it’s being put, not just in the general fund,” Sanderson said. “I’m going to keep fighting to try to get clarity for the taxpayers so they know where their money is going.”

In response to Sanderson’s arguments, Mayor Mike Chamberlain read a memo from Becky Tobin, the city’s budget and finance officer. She indicated that the utility tax revenues should stay in the general fund because they’re still needed to help fund day-to-day operations.

Without the dollars, aldermen would have to deal with some tough decisions, including how to solve a $1.2 million to $1.4 million shortfall. That shortage could force layoffs, higher property taxes or both.

“We are obligated to pay almost $2 million annually for police and fire pensions alone, and this number is only increasing,” Tobin said in her memo. “The local economy is showing some signs of improvement, but our revenues are nowhere near what they were before the Recession, and it is unclear at this time if they will ever fully recover.”

“I feel it is important to keep the utility tax reserves and future revenue in the general fund at this time.”

Tobin’s memo convinced Ald. Daniel Arevalo to vote against the motion.

“We’re not being irresponsible to our citizens,” he said.

Tobin has said that about $6.25 million in utility taxes went to police, fire and public works salaries between May 1, 2009, and April 30, 2015.

The tax has generated more than $30 million for the city, and almost $21 million has been spent on infrastructure since the tax was approved, Tobin said. Less than $100,000 has gone toward infrastructure projects since 2011, and motor fuel tax revenues have paid for some repaving, she said.

Monday, March 28, 2016

DeKalb County willing to provide Planning Service to Boone County for $70 per hour

Below is a recent email received by Boone County's Administrator offering planning services for $70 per hour.  This email is from:  http://www.boarddocs.com/il/boone/Board.nsf/files/A8ARSE64A80D/$file/DeKalb%20County%20Fee_201603221313.pdf
 
 
To: Ken Terrinoni

Subject: RE: Findings of Fact
Tuesday, March 22, 2016 9:34 AM




An analysis from our Finance Department has determined that DeKalb County would simply charge a single rate of $70/hour for providing zoning services to Boone County. Please call me if you have any questions.

Paul R. Miller, AICP

DeKalb County Planning Director

110 E. Sycamore St.

Sycamore, IL 60178

(815) 895-7188
 



















































































 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 




 
 
 
 
 




 

Is Plote now appealing their contempt verdict?


Appears that Plote is taking the case  to a higher court based upon the filings of March 18, March 7 and March 4.  Is this an attempt to delay the case until there is a new States Attorney (December 1, 2016)?  Then with the new States Attorney can decide to drop the case.

Below is from:  http://www.judici.com/courts/cases/case_history.jsp?court=IL004015J&ocl=IL004015J,2014CH170,IL004015JL2014CH170D1


Last Search  | Information  | Dispositions  | History  | Payments  | Fines & Fees  
DateEntryJudge
Entered Under: PLOTE CONSTRUCTION, INC
03/18/2016  APPELLATE SCHEDULING ORDER Record on Appeal is due 5/6/16UNASSIGNED
03/07/2016  Notice of Filing Plaintiff's Answer to Defendants' First Request to AdmitUNASSIGNED
03/04/2016  Notice of Filing of Notice of Appeal Notice of Appeal 60.00UNASSIGNED
02/10/2016  Status hearing set for 04/11/2016 at 1:30 in courtroom 2. Hearing set for 05/09/2016 at 1:30 in courtroom 2.UNASSIGNED
02/08/2016  SA Courier pres for Pl. Atty Fuller pres for Defs. Def files in open court Defendant's First Request to Admit. SA requests time to review and respond. Case comes on for entry of proposed agreed order. Argument heard. Item 2 in the proposed order is modified and approved by both parties. Court enters the Order of Adjudication Indirect Civil Contempt as modified. Case is cont to 4-11-16 at 1:30 p.m. for status and to 5-9-16 at 1:30 p.m. for hearing. ORDER OF ADJUDICATION INDIRECT CIVIL CONTEMPT Defendant's First Request to Admit ORDERPJN
01/27/2016  Status hearing set for 02/08/2016 at 1:30 in courtroom 2.UNASSIGNED
01/25/2016  SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for Pl's Motion to Strike Defendant's Affirmative Defense to Petition for Rule to Show Cause-Indirect Civil Contempt. Arguments heard. Court enters a Memorandum of Judgment regarding Pl's petition for RTSC. Court finds that Pl has shown prima facie evidence of contempt and there was no evidence presented by Def of any legal justification for the conducting of these activities outside the prescribed times or of Def's inability to comply with the prescribed times as ordered by the court. Case is cont'd to 2/8/16 at 1:30 for possible entry of agreed order. MEMORANDUM OF DECISIONPJN
12/08/2015  Motion hearing set for 01/25/2016 at 1:30 in courtroom 2.UNASSIGNED
12/04/2015  Notice of Motion Boone County's Motion to Strike Defendant's Affirmative Defense to Petition for Rule to Show Cause-Indirect Civil ContemptUNASSIGNED
11/23/2015  SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for decision on Pl's petition for RTSC and Def's motion for leave to file affirmative defenses. Argument heard. Def granted leave to file affirmative defenses. Pl to file a written response within 10 days or by 12-4-15. Case cont to 1-25-16 at 1:30 p.m. for hearing. ORDERPJN
11/02/2015  Notice of Motion Motion for Leave to File an Affirmative DefenseUNASSIGNED
10/26/2015  Decision set for 11/23/2015 at 1:30 in courtroom 2.UNASSIGNED
10/26/2015  SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on Pl's Motion for RTSC and Def's Motion to Strike. Argument heard. Pl calls Drew Bliss from the Boone County Building Dept. Sworn testimony taken. Def calls David Zumbrunn from Beverly Materials/ Plote Construction (Belvidere Quarry). Sworn testimony taken. Based on testimony, Def's motion is heard and denied. Court's decision on Pl's petition for RTSC is continued to 11-23-15 at 1:30 p.m. ORDERPJN
10/15/2015  Notice of ServiceUNASSIGNED
08/21/2015  Motion hearing set for 10/26/2015 at 1:30 in courtroom 2.UNASSIGNED
08/21/2015  SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for status. Case cont to 10-26-15 at 1:30 p.m. for hearing on Def's Motion to Strike and Pl's Petition for Rule to Show Cause. ORDERPJN
08/17/2015  Status hearing set for 08/21/2015 at 3:00 in courtroom 2.UNASSIGNED
08/17/2015  SA Courier pres for Pl. Atty Fuller pres for Defs. Case comes on for hearing. Pl and Def both request that the Judge recuse himself from this case. Judge Tobin recuses himself and reassigns this case to Judge Nicolosi. Case cont to 8-21-15 at 3:00 p.m. for status. ORDER REASSIGNMENT ORDERCRT
07/28/2015  SA Courier pres for Pl. Atty Fuller pres for def/Plote Contr. Judge Tobin discloses to the Parties that he had contact with the County Chairman about this case, and told him he could not talk about a pending case. Parties are given time to consider if they would like Judge Tobin to withdraw from the case. No further ruling will be made until parties decide on this matter. Case is continued to 08-17-15 at 8:45 a.m. ORDER Status hearing set for 8/17/2015 at 08:45 in courtroom 1.CRT
07/22/2015  Notice of Filing Boone County's Response To Defendant's Motion To StrikeUNASSIGNED
07/17/2015  Notice of Filing Motion to Strike Petition for Rule to Show Cause - Indirect Civil ContemptUNASSIGNED
07/07/2015  SA/Courier pres for pl. Def/Plote Construction not pres, having requested time to respond to the Petition for RTSC. Ct orders that def/Plote Construction is given 7 days to answer the pl's Petition for RTSC. Pl is given 7 days thereafter to respond. Case is con't to 7-28-15 at 10:00 am for hrg. (See Order.) ORDER Petition hearing set for 7/28/2015 at 10:00 in courtroom 1.CRT
06/24/2015  Notice of Motion Petition for Rule to Show Cause Indirect Civil ContemptJHY
06/24/2015  Petition hearing set for 7/07/2015 at 09:00 in courtroom 1.UNASSIGNED
06/12/2015  Notice of Change of Firm and AddressUNASSIGNED
06/02/2015  SA Courier pres for Pl. Atty Fuller pres for Def, Plote Constr. Case comes on for status. Written discovery to be exchanged. Case cont 60 days to 8-17-15 at 8:45 a.m. for status.CRT
05/26/2015  MEMORANDUM OF DECISIONCRT
05/12/2015  SA Courier pres for Pl. By agreement, case cont to 6-2-15 at 9:00 a.m. for status on decision on Pl's motion to dismiss. ORDERCRT
04/14/2015  SA Courier pres for Pl. Atty Fuller pres for Def. Case comes on Def's Motion to Reconsider, Pl's Request to Admit and Pl's Motion to Dismiss Affirmative Defense-Counterclaim. Def's Motion to Reconsider is heard and denied. Pl's Motion to Dismiss-Argument heard. Court takes it under advisement and will issue a written decision in 14 days. Pl's Request to Admit-Argument heard. Case cont to 5-12-15 at 9:00 a.m.CRT
03/31/2015  Amended Notice of MotionUNASSIGNED
03/27/2015  Plaintiff's Response to Defendant's Objections and Responses to the Request to AdmitUNASSIGNED
03/11/2015  Notice of Filing Defendant's Response to the County's Motion to Dismiss Affirmative Defense and CounterclaimUNASSIGNED
03/09/2015  Notice of Filing Defendant's Objections and Responses to Request to AdmitUNASSIGNED
02/12/2015  Notice of Filing Motion to Dismiss Affirmative Defense & Counterclaim Notice of Filing Request to Admit Notice of Filing Boone county's Response to Motion for ReconsiderationUNASSIGNED
01/21/2015  Notice of Filing VerificationUNASSIGNED
01/15/2015  SA Courier pres for Pl. Atty Fuller pres for Def, Plote Construction Case comes on for status on pleadings, discover and Def's motion to reconsider. Pl shall respond to the Def's Affirmative Defenses and Counterclaim within 30 days and the Def shall file verification within that time. Pl shall respond to the Motion for Reconsideration within 30 days and the Def shall respond within 14 days thereafter. Case cont to 4-14-15 at 9:00 a.m. ORDERCRT
12/22/2014  Notice of Filing Answer to Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance, Affirmative Defense and Counterclaim for Declaratory Judgment $100.00 Motion for ReconsiderationUNASSIGNED
11/24/2014  MEMORANDUM OF DECISIONCRT
11/13/2014  SA Courier pres for Pl. Atty Fuller pres for Def, Plote Construction Case comes on Pl's Motion for Summary Judgment and Def's Motion to Dismiss. Pl's Motion for Temporary Restraining Order/Injunction is granted. Def's 619 Motion is denied. Court to enter a memorandum of decision in 7 days and Def has 28 days thereafter to respond. Case cont to 1-15-15 at 9:00 a.m. for status.CRT
10/24/2014  Notice of Filing Affidavit of Christopher Kennebeck Affidavit of David ZumbrunnUNASSIGNED
10/22/2014  Notice of Filing Reply of Plote Construction Inc. to Boone County's Reponse to Defendant's Motion to DismissUNASSIGNED
10/09/2014  Notice of Filing Boone County's Response to Defendant's Motion to DismissUNASSIGNED
09/18/2014  SA Courier pres for Pl. Atty Warren Fuller pres for Defs. Case comes on Def's motion to dismiss. Pl's response to motion/memorandum is due on or before 10-9-14. Def to reply to response on or before 10-23-14. Case cont to 11-13-14 at 1:30 p.m. for oral argument. BRIEF SCHEDULING ORDERCRT
09/08/2014  Notice of MotionUNASSIGNED
08/29/2014  REASSIGNMENT OF JUDGE (Case reassigned to Judge Tobin) NoticeCRT
08/29/2014  SA Michelle Courier pres for Pl. Atty Warren Fuller pres for Defs. Case comes on State's Motion for Substitution. Motion granted as a matter of right and referred to Presiding Circuit Judge Robert Tobin for reassignment. Case cont for status to 9-18-14 at 1:30 p.m. ORDER FOR SUBSTITUTION OF JUDGEJHY
08/29/2014  Appearance (Atty Warren Fuller for Def's/Plote Construction, Belvidere Materials, LLC & Chicago Title Land Trust Co) 139.00 Appearance (Atty Andrew Fuller for Def's/Plote Construction, Belvidere Materials, LLC & Chicago Title Land Trust Co) Notice of Motion Combined Motion to Dismiss Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance and to Deny Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunctive Relief Prusuant to Section 2-619 (a)(9) of the Illinois Code of Civil Procedure and to Enforce Settlement Agreement Status hearing reset to 09/18/2014 at 1:30 in courtroom 1.UNASSIGNED
08/26/2014  Motion/substitute set for 08/29/2014 at 9:00 in courtroom 3.UNASSIGNED
08/25/2014  Motion hearing set for 08/29/2014 at 9:00 in courtroom 3. Notice of Motion Motion for Temporary Restraining order and Preliminary Injunctive Relief Notice of Motion Motion for Substitution of JudgeUNASSIGNED
08/21/2014  Verified Complaint for Preliminary and Permanent Injunction for Violations of the Boone County Zoning Ordinance Case Management Conference Notice Summons Issued and Returned to Atty for Service Case mgt conf reset to 02/20/2015 at 9:00 in courtroom 3.

Friday, March 25, 2016

Belvidere aldermen want more accountability on utility tax spending

  • Belvidere aldermen want more accountability on utility tax spending

    • By Susan Vela
      Staff writer

      Posted Mar. 25, 2016 at 1:48 PM
      Updated at 2:00 PM

      BELVIDERE — With the economy on the mend, Belvidere aldermen want the city to return to using utility taxes mainly for street and infrastructure improvements.
      The tax mainly has been used for paying salaries and other bills since 2010, but some aldermen say financial conditions have improved enough for the tax to once again be dedicated to its original purpose. Others say the tax is still needed to balance the budget. Aldermen are also asking for more accountability on where utility tax dollars are spent.
      Disagreement over utility taxes held up a recent vote on the city's annual $19.2 million spending plan.
      They voted 6-2 on Tuesday, with Aldermen Daniel Snow and Daniel Arevalo providing nay votes, to delay approval of the spending plan.
      Ald. Mark Sanderson wanted to remove the utility tax revenues from the general fund and place them in a separate fund only to be used for emergency, non-road improvements. But City Attorney Mike Drella said in order to do that the city's code would have to be amended before or after the budget was approved. So, the end request from the council was for better recording of utility tax usage. They want utility tax revenues and expenses to be itemized in the budget, and they tabled their budget decision to potentially incorporate the information.
      The new budget year begins May 1, but some aldermen want $2.2 million in revenues from the 5 percent utility tax on gas, electricity and telephone usage to appear as general fund line items when used for expenses. A total of $2.7 million in utility tax dollars has been budgeted.
      “It’s just been used willy-nilly,” said Sanderson, leading the charge for better accountability “so they can’t just use it for toilet paper.”
      The utility tax was established in 2000 to help pay for road repairs. There have been several amendments since then. After the Great Recession struck, there was an official decision in 2010 to place utility tax revenues in the general fund coffers.
      “At that point in time, we had no money to pay bills,” Mayor Mike Chamberlain said. “We needed money to pay salaries. We had done everything else we could possibly do. We’re still not out of the woods.”
      Ald. Clinton Morris disagreed. Constituents perceive the redirection of utility tax revenues as “you’re taking this tax money from us,” he said.
      Becky Tobin, the city’s budget and finance officer, confirmed that about $6.25 million in utility taxes went to police, fire and public works salaries between May 1, 2009, and April 30, 2015.
      She’s waiting to see what aldermen have to say at Monday's Committee of the Whole meeting to see what she’ll do regarding the council’s request to itemize every utility tax dollar used in the next spending plan.
    • “I’m not very happy about it right now,” she said of the request. “I think we should leave the utility tax in the general fund. The city needed the utility tax money to run day-to-day business operations. We would not be able to balance the budget at this point without it.”
      Since the utility tax was approved, it has generated more than $30 million for the city, and almost $21 million has been spent on infrastructure, Tobin said. But less than $100,000 has gone toward infrastructure projects since 2011, and motor fuel tax revenues have paid for some repaving, she said.

    Above is from:  http://www.rrstar.com/news/20160325/belvidere-aldermen-want-more-accountability-on-utility-tax-spending/?Start=2

    Prosecutor: Man wrongly convicted of 1957 cold-case murder

    Prosecutor: Man wrongly convicted of 1957 cold-case murder

    Ann O'neil Portrait Sr Writer CNN Digital Expansion

    By Ann O'Neill, CNN

    Updated 6:09 PM ET, Fri March 25, 2016 | Video Source: WMBF

     

    CNN)An Illinois prosecutor says he has found "clear and convincing evidence" that a former police officer was wrongly convicted of the 1957 murder of a 7-year-old girl in what is believed to have been the nation's oldest cold case to go to trial.

    Jack Daniel McCullough, a 75-year-old military veteran and former police officer from Seattle, was convicted in 2012 of the abduction and murder of Maria Ridulph from a street corner in Sycamore, Illinois, a small farming community about 65 miles west of Chicago. A judge hearing the case without a jury found McCullough guilty after a weeklong trial.

      Richard Schmack, the state's attorney for DeKalb County, said his review of the case led him to conclude that McCullough could not have committed the crime.

      "... the People are ethically compelled and constrained to admit the existence of clear and convincing evidence showing Defendant to have been convicted of an offense which he did not commit," Schmack said in court documents.

      McCullough has always insisted he was innocent.

      "Look in the box. The truth is in the box," McCullough said at his sentencing, pointing to a cardboard box in the courtroom. It was filled with old FBI reports and other documents that the judge, James Hallock, barred the defense from presenting, saying it was inadmissible hearsay.

      Schmack looked in the box. He said he spent six months reviewing about 4,500 pages of vintage police and FBI reports, and reconstructed the timeline surrounding the child's disappearance. He also turned up new evidence by subpoenaing AT&T phone records. He concluded that the alibi claimed by McCullough, who was then known as John Tessier, holds up.

      It was impossible for McCullough to have committed the crime, Schmack said, because he was about 40 miles away in Rockford when Maria vanished.

      "I truly wish that this crime had really been solved, and her true killer were incarcerated for life," Schmack said. "When I began this lengthy review I had expected to find some reliable evidence that the right man had been convicted. No such evidence could be discovered. Compounding the tragedy by convicting the wrong man, and fighting further in the hopes of keeping him jailed, is not the proper legacy for our community, or for the memory of Maria Ridulph."

      A hearing in the case is scheduled for Tuesday in Sycamore.

      Read the original series: "Taken"

      Maria Ridulph's murder went unsolved for half a century. Then bulldog detectives pursued a tip, and a man was brought to trial and convicted in the 1957 murder of the 7-year-old in Sycamore, Illinois. Now that man may walk free. Read Ann O'Neill's riveting, five-part exploration of the case, "Taken," published in 2013.

      Schmack concluded that the Illinois State Police got the timeline wrong. There was no evidence to support the theory that Maria was taken as early as 6:15 p.m., as investigators claimed in an affidavit supporting the arrest warrant.

      The Illinois State Police did not respond Friday to a request for comment.

      Schmack pointed to the account of a fuel oil deliveryman, Tom Braddy, who placed Maria and her friend, Kathy Sigman, on the street corner closer to 7 p.m., and to the AT&T records that support McCullough's version of events.

      "Thousands of pages of improperly excluded police reports more than 20 years old contain a wealth of information pointing to McCullough's innocence, and absolutely nothing showing guilt," Schmack said in a statement announcing his decision not to fight McCullough's request to overturn his conviction. Without resistance from prosecutors, McCullough likely could go free as early as next week.

      Schmack told CNN his office notified the Ridulph and Tessier families by letter. The prosecutor also filed a lengthy report with the court, saying it was his ethical duty to take another look at the case, which was prosecuted by his predecessor, Clay Campbell.

      "I know that there are people who will never believe that (McCullough) is not responsible for the crime," Schmack said. "Many of these people are my neighbors in Sycamore. But I cannot allow that to sway me from my sworn duty ... and to perform faithfully the primary duty of my office, 'To seek justice, not merely to convict.'"

      Campbell called the decision a "travesty." He said he considered solving Maria Ridulph's murder to be his "life's work."

      Charles Ridulph, Maria's older brother, told a local newspaper that Schmack's position was "ridiculous."

      "A few months ago [Schmack] gave me a copy of his time frame, and I went through that and it just made me sick," Ridulph told the Daily Chronicle.  "There's a reason that none of [the old police reports were] allowed into evidence to begin with, because there were so many discrepancies and you couldn't cross-examine it."

      The Tessier family's reaction was not immediately known. But McCullough's wife, Sue, said she felt vindicated.

      "I told you all this time. I told you he was innocent," she said, adding she was "feeling nervous and excited at the same time."

      Sue McCullough, who lives in a seniors complex in Seattle, pointed out that her husband "hasn't lived here in five years" and said she was able to visit him once in prison in Illinois.

      "We talk on the phone, and we write letters. If he was in there all alone and he had nobody to write to, it would have been so hard for him. I've been living all alone, and at first I didn't like it, but as the years go by, I get used to it. Not a word is spoken in this apartment except by me."

      Stepdaughter: He didn't do it

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      Stepdaughter: He didn't do it 01:08

      McCullough's stepdaughter, Janey O'Connor, has stood by McCullough. She and her husband, Casey Porter, plan to be in court on Tuesday. She praised Schmack for taking a second look at the evidence.

      "This is bravery. This is courage," she said. "The whole town of Sycamore wants Jack to be guilty."

      O'Connor said she had resigned herself to the reality that her stepfather would likely die in prison, convicted of a crime he didn't commit.

      "I can't believe Jack made it to the end," she said. "We're still in that limbo where we say, 'OK, the prosecution and the defense are saying he's not guilty, but what do we do now?' "

      She says Campbell and the Illinois State Police "decided Jack was guilty and built a case around it."

      "If you don't have money, you just get ground up by the legal system," she added. "I would have never thought that this would be my life, but that's what can happen. It's terrifying."

      McCullough has been held at the Illinois state penitentiary in Pontiac. He maintained his innocence in a prison interview with CNN in 2013. He insisted that the FBI questioned him and cleared him in 1957 because his alibi checked out. He couldn't be the killer, he insisted, because he was not in Sycamore when Maria was taken.

      Jack McCullough: 'I was self-raised'

       

        The subpoenaed AT&T phone records support McCullough's version of events. He said he called home, collect, to ask his father for a ride after meeting with U.S. Air Force recruiters in Rockford. The records show that a call was indeed connected from a pay phone inside at the old Rockford post office at 6:57 p.m. -- approximately the same time Maria vanished from the corner of Center Cross Street and Archie Place.

      The child had been talking with a young man who called himself Johnny and who gave her a piggyback ride. Her disappearance shocked the close-knit farming community to its core and left Sycamore forever changed. Nearly three dozen FBI agents descended on the town of 7,000, looking in basements, storm drains, ponds, railroad cars and the trunks of cars. They interviewed dozens of people, including known sex offenders. FBI chief J. Edgar Hoover took a personal interest in the case, as did President Dwight Eisenhower.

      Maria's body was found some five months later, near Galena, a small town just a few miles from the Iowa state line.

      The case went unsolved for more than half a century. The Illinois State Police opened an investigation after McCullough's sister, Janet Tessier, called a tip line and repeated what their mother had said on her deathbed 14 years earlier: "Those two little girls, and the one that disappeared, John did it. John did it, and you have to tell someone."

      As state's attorney at the time, Campbell brought the case, but was defeated by Schmack in an election just weeks after McCullough was convicted. While Schmack was a spectator during the trial, Campbell, by then a lame duck, was the spectator when McCullough was sentenced to life in prison.

      Cold cases are particularly difficult to prosecute because evidence is often lost or destroyed, memories fade and witnesses die. And so doubt has lingered over the evidence used to convict McCullough -- and whether it was strong enough. No physical evidence ties him to the crime.

      Instead, prosecutors relied on a revised timeline, the deathbed accusation by McCullough's mother as recalled by his sister, and an eyewitness identification by another child -- now Kathy Sigman Chapman -- who was playing with Maria in the snow shortly before she vanished.

      Chapman responded to the latest developments through her husband, Mike: "We read the response and we're not surprised by his action. We believe it's politically motivated. It is an election year and he is running to be re-elected. Kathy got it right. It's sad it has come to this."

      The defense was barred by hearsay limitations from presenting its own timeline because McCullough did not testify. Tom McCulloch, the public defender, had wanted to offer the 1957 FBI reports that cleared his client and supported his timeline. In Illinois, police reports are generally excluded and are not accepted as substitutes for live testimony.

      Schmack said his parsing of an appeals court decision denying McCullough a new trial contained an eye-opening detail: The court found that while the FBI reports were inadmissible as "business records," they could have been included as "ancient documents" because they are more than 20 years old.

      McCullough had nearly exhausted his appeals. He had convinced the appeals court to toss out his convictions for kidnapping and abduction of an infant on legal technicalities related to the age of the case. But his murder conviction stood as he lost at every turn in Illinois' appellate courts.

      Late last year, McCullough turned again to the courts in Sycamore, filing a lengthy, handwritten appeal seeking a judge's declaration that he is innocent. He lost that, too, and the judge called the appeal "frivolous and without merit."

      But public defendner McCulloch and his investigator, Crystal Harrolle, noted that the points he'd made "inartfully" were worth pursuing. They again took up his cause -- even though they were no longer appointed to represent him. They asked the court to reconsider, saying new evidence had come to light.

      And that is what triggered the prosecutor's extraordinary response.

      That "new" evidence cited by the defense lawyers included allegations of false promises made by prosecutors to fellow county jail inmates who testified against McCullough. But perhaps the most compelling discovery was the disputed statement of Jan Edwards, their client's high school girlfriend in 1957.

      Schmack cites the dispute in his report to the court, but says it turned out to be just one of many issues he had with the case. Still, it signaled that he was taking a hard look at the evidence used to secure the conviction.

      Edwards is Jan Swafford now, and she lives in Florida. The "new" evidence includes what she said during a taping of a "Dr. Phil" show about the case. She was in the audience, and insisted that she may have seen McCullough on the night Maria disappeared.

      In an exchange of letters with Schmack, she said she never told investigators that she didn't see McCullough that night. And she insisted she never told the investigator that her father had forbidden her to leave the house.

      She was brought to Sycamore but never testified at the trial. She said she was eager to tell her story but "never had the chance."

      The defense alleged that prosecutors should have disclosed the discrepancy but instead hid Swafford from them during the trial.

      From the press release of Illinois state's attorney Richard Schmack, who spent six months reviewing the case.

      From the press release of Illinois state's attorney Richard Schmack, who spent six months reviewing the case.

      Her correspondence with Schmack was attached to a legal motion filed last fall. The prosecutor initiated the conversation in a letter dated November 6, 2014 -- shortly after the case was featured on the "Dr. Phil" show. Schmack opened his letter by taking pains to point out that he was not involved in the initial prosecution but would be tasked with making any decisions should the conviction be reversed.

      "When you appeared on the 'Dr. Phil' show a few weeks ago, you gave a brief account of contact you had with Mr. McCullough on the night of the Ridulph kidnapping," Schmack wrote. "This account seemed more consistent with the defense theory of the timeline than the prosecution. I was surprised you were given so little time to explain and that no questions were posed to you."

      He pointed out that what she said on the show was "entirely inconsistent" with an Illinois State Police investigator's "field notes" memorializing their telephone conversation. The report stated: "Jan stated the night Maria was kidnapped her parents would not let her leave the house at all, not even to go on date, she does not recall John coming to her house that night."

      Four days later, Swafford responded, sending her letter by fax. She said she was "greatly disturbed" by what Schmack said was in the investigator's report.

      "It is completely the opposite," she wrote. "I never did say he wasn't with me that night or that Dad wouldn't let me out of the house. What I did say is, 'I can't confirm the exact date that my recollection happened, but he came over around 9:30 p.m. as we had planned.'"

      She added that he didn't stay long because she had a curfew. They talked outside, in a car, she added. "He said he was very happy and excited because he had just passed his test for the Air Force and he will be able to get into it. He asked me to hold the train ticket for him so he wouldn't lose it.' That was it. We talked for a while and he went home."

      McCullough, then John Tessier, with high school girlfriend Jan Edwards, now Jan Swafford, at a formal dance.

      McCullough, then John Tessier, with high school girlfriend Jan Edwards, now Jan Swafford, at a formal dance.

      At the time of McCullough's arrest, attention focused on the train ticket as a "smoking gun" in the case. But in the end, it bore little relevance because it had never been punched.

      Swafford said in her letter to Schmack that she has tried to ignore the false reports, many of which focused on a train ticket. "It sounds like they just wanted to make an interesting story about it and get a conviction," she wrote.

      "All I know is what I know to be true," she continued. "My memory of that night has never changed, and I have tried to ignore all of the newspapers' versions of what I said and just try to stick to what I actually remember."

      Schmack assured her that he wouldn't expect her to remember everything that happened on that night in 1957, but added, "My job is primarily to seek justice." He said her "recollection of the events" as well as her more recent recall of her dealings with police and former prosecutors "may be of great assistance in that endeavor."

      CNN's Brad Parks contributed to this story.

      Above is from:http://www.cnn.com/2016/03/25/us/oldest-cold-case-conviction-overturned-maria-ridulph-taken/index.html

      BJC Editorial: “Workin’ On the Railroad”

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      Above is from:  http://www.boonecountyjournal.com/news/2016/Boone-County-News-03-25-16.pdf#page=1

      Thursday, March 24, 2016

      Phoenix mayor asks Justice Department to investigate Arizona voting delays

      By Emily Schultheis CBS News March 24, 2016, 7:01 PM

       

      Phoenix Mayor Greg Stanton asked the Department of Justice and Attorney General Loretta Lynch to investigate voting delays in Maricopa County, Ariz., during Tuesday's primaries.

      "Throughout the county, but especially in Phoenix, thousands of citizens waited in line for three, four, and even five hours to vote," Stanton wrote in his letter to Lynch on Thursday. "Many more simply could not afford to wait that long, and went home. This is unacceptable anywhere in the United States, and I am angry that County elections officials allowed it to happen in my city."

      In the letter, Stanton notes that the total number of polling places in the county was cut significantly: by 85 percent compared with the 2008 primary, and 70 percent compared with the 2012 primary. This cutback was especially salient in minority communities.

      "In Phoenix, a majority-minority city, County officials allocated one polling location for every 108,000 residents. The rations were far more favorable in predominantly Anglo communities: In Cave Creek/Carefree, there was one polling location for 8,500 residents; in Paradise Valley, one for every 13,000 residents; in Fountain Hills, one for 22,500 residents; and in Peoria, one for every 54,000 residents," he wrote. "Because of the unacceptably disparate distribution of polling locations, I respectfully request the U.S. Department of Justice investigate what took place in Maricopa County to ensure all voters are treated equally under the law."

      The Justice Department confirmed to CBS News that it has received a request and will review it.

      Vermont Sen. Bernie Sanders praised Stanton's decision to call for an investigation. The Democratic candidate had previously spoken out about the issue, including sending a fundraising email on the topic following Tuesday's primary.

      "I'm glad to see @MayorStanton asking @TheJusticeDept to investigate the voting delays in Arizona," he tweeted Thursday.

      Clinton's campaign counsel, Marc Elias, also called in a post on Reddit for further investigation, saying he "shares the concerns" of those who have spoken out.

      © 2016 CBS Interactive Inc. All Rights Reserved.

      Above is from:  http://www.cbsnews.com/news/phoenix-mayor-asks-justice-department-to-investigate-ariz-voting-delays/