Attorneys for Will County State’s Attorney James Glasgow will return to federal court Monday, June 30 to defend him against charges of malicious prosecution.
A suit was filed this spring by former airport contractor Rocquin VanGuilder following an acquittal of him and his son Lee on charges of misdemeanor criminal trespassing and criminal damage to property. VanGuilder, the ex-vice president of Hanson Professional Services, which is contracted by the State of Illinois to manage the state-owned property purchased for the proposed Peotone airport, is asking for $200,000 in compensatory damages and $1,000 in punitive damages.
Glasgow’s attorney Martin W. McMannaman of Lowis & Gellen LLP, Chicago, filed a motion last Friday to dismiss the case because as a public official and a prosecutor, Glasgow is immune from prosecution.
It is Glasgow’s duty as the Will County State’s Attorney to meet with witnesses and to prosecute violators of the law.
Glasgow charged the VanGuilders after the Dec. 1, 2006 incident when, in defiance of landowner Mark Baugh, a subcontractor for the State of Illinois hired by Hanson, drove heavy equipment across Baugh’s farm field.
VanGuilder claims that Glasgow publicly stated there was insufficient evidence against him, until after meeting with representatives of the Will County Board, Will Township, and the organization STAND (Shut This Airport Nightmare Down), which caused Glasgow to have a “change of heart.”
VanGuilder claims that Glasgow initiated the charges against him and his son for political motives and for public relations purposes so as to bolster his standing with his constituents.
But this isn’t the first time that VanGuilder has been taken to task on behalf of local landowners in the proposed airport site.
In June 2003, members of STAND met with Timothy Martin, the former transportation secretary. Also in attendance were VanGuilder and Christine Cochrane, ex-airport project manager. Residents confronted the two about what they considered unfair treatment. And they complained to Martin about the treatment they had received at the hands of Hanson employees. Particularly at issue were letters threatening condemnation of their property through eminent domain.
Judy Ogalla, whose family owns a 160-acre farm in the airport site, told Martin that she was appalled that Hansen would call her the day before Christmas Eve. Ogalla said a message was left on her answering machine, so that her three young children could hear it, stating that this is her last chance to sell before the state takes their home.
Martin told the landowners that condemnation would be a last resort. He was visibly angry as he looked directly at Cochrane and VanGuilder. He scolded them as he ordered them to refrain from contact with landowners for 60 days. Further, he said that all issues related to the project must cross his desk.
A July 27, 2005 headline in the Joliet Herald News told a similar story. It read, State to address Peotone airport complaints – Footprint residents: Agents use deception, threats, intimidation to get owners to sell land.
VanGuilder was also at the center of the controversy that erupted in Aug. 7, 2006 when 14 structures were demolished in Will Township. Even State Majority Leader Debbie Halvorson suggested there was a conflict of interest when one company was expected to negotiate and buy properties, rent them, maintain them, and want to destroy them to make way for an airport.
VanGuilder was roundly criticized to the point that his firing was discussed, as he attempted to defend the decision to demolish houses he claimed were not cost effective to rent.
The case in point was the demolition of the Krygsheld house at Eagle Lake and Kedzie roads which was purchased by IDOT for $416,000, just two years after it was built. Two years later, the four-year old house was deemed uninhabitable and torn down. Such demolition flies in the face of statutes governing IDOT’s land acquisition for future rights of way, which states land acquired should be rented.
State Rep. Lisa Dugan was also incensed when VanGuilder attempted to discuss deficient electrical problems with the house. As a former licensed electrician she bristled at his comments. She said the Will County Building Department, with its tough building inspection codes, would not have approved the house for occupancy, had it not been up to code.
Prior to VanGuilder’s employment with Hanson, he was the Project Manager for TAMS, the consultant almost solely responsible for 20 years of airport study. Controversial reports produced by TAMS have been under scrutiny since the project began in 1985.
Showing posts with label State's Attorney. Show all posts
Showing posts with label State's Attorney. Show all posts
Monday, June 30, 2008
Saturday, February 9, 2008
Van Guilders acquitted in trespassing case
Roc Van Guilder and his son Lee were acquitted Friday of misdemeanor criminal trespassing and criminal damage to property in connection with a Dec. 1, 2006 incident.
On that day, and because of the weather, heavy equipment was banned from driving in certain areas of the rain-soaked township roads. So Baugh’s property was used instead, as the heavy equipment was ordered to make its way toward its destination – the first of a dozen or more houses the state purchased and prepared for demolition. The destruction of houses is meant to aid in the development of the proposed Peotone airport, though the project has yet to gain official approval by the FAA. The legal issue became all about who ordered the bulldozers to cross the property.
According to courtroom observers, Will County Associate Judge Marilee Viola felt that the state did not prove its case against the two contractors, believing they were not the ones to give the order to drive a piece of 80,000 lb. equipment across the farm field belonging to Mark and Lynn Baugh.
At the time of the incident, the Van Guilders were employed by Hanson Professional Services, Inc., the company hired by the elder Van Guilder’s former boss – ex-Transportation Secretary Kirk Brown – who upon retiring, also went to work for Hanson.
Van Guilder has a 20-year history with the airport project, having previously worked as the airport’s project manager for the state’s consultant, TAMS, which has been taken over by Earth-Tech.
Mark Baugh’s first reaction was disbelief, but not surprise. He is very disappointed in the ruling and said this may not be the end of it.
“I didn’t know what information the judge did and didn’t have,” Baugh said. Because he was a witness he wasn’t in the courtroom for all of the testimony, but added that the judge should have had all the information to prosecute to the fullest extent of the law.
“The fact that they didn’t have permission to cross my property should have been enough,” Baugh said. He added, “They (the Van Guilders) deceived the operators by telling them to ‘head west’ knowing there was private property to cross.
“It is far easier to ask for forgiveness after the fact, hoping they wouldn’t get caught, than to seek permission to use my property,” Baugh said. “What they did was wrong.”
Still, he is appreciative that Will County State’s Attorney Jim Glasgow decided to prosecute the case. And, he is grateful for the efforts of those who investigated and prosecuted it.
Will County Board Member John Anderson was involved in this case, to the extent that he urged Glasgow to get involved.
“Today, I learned that Judge Viola acquitted the Van Guilders. I am disappointed by her decision and vehemently disagree with her conclusions, but I do respect her ruling,” Anderson said.
Anderson said that it was his understanding that Judge Viola believed there was insufficient notice that trespassing was not permitted.
“However, there is a ‘no trespassing sign’ in Mark Baugh's front yard,” Anderson pointed out. “Additionally, Lee Van Guilder himself testified that he walked up to the front door to ask permission to move the machinery through the property. Van Guilder would not have gone to ask permission if he really believed that the machine would be allowed to cross the property.”
Despite his disagreement with the judge’s decision, Anderson believes the Van Guilder's prosecution is still a win for the Baugh's and for residents living in the area of the proposed airport footprint.
“The mere fact that the Van Guilders were prosecuted sends a clear message that this sort of behavior will not be tolerated, and the rights of residents living in the footprint area command respect,” Anderson said, admitting that he has received dozens of complaints about trespassing by the Van Guilders and employees of IDOT or Hanson.
Anderson is also grateful to Glasgow. He said when he asked Glasgow to accompany him to the Baugh's property to view the damage, Glasgow drove across the county in a snow storm. He is also grateful to the prosecutors who worked so hard on the case.
On that day, and because of the weather, heavy equipment was banned from driving in certain areas of the rain-soaked township roads. So Baugh’s property was used instead, as the heavy equipment was ordered to make its way toward its destination – the first of a dozen or more houses the state purchased and prepared for demolition. The destruction of houses is meant to aid in the development of the proposed Peotone airport, though the project has yet to gain official approval by the FAA. The legal issue became all about who ordered the bulldozers to cross the property.
According to courtroom observers, Will County Associate Judge Marilee Viola felt that the state did not prove its case against the two contractors, believing they were not the ones to give the order to drive a piece of 80,000 lb. equipment across the farm field belonging to Mark and Lynn Baugh.
At the time of the incident, the Van Guilders were employed by Hanson Professional Services, Inc., the company hired by the elder Van Guilder’s former boss – ex-Transportation Secretary Kirk Brown – who upon retiring, also went to work for Hanson.
Van Guilder has a 20-year history with the airport project, having previously worked as the airport’s project manager for the state’s consultant, TAMS, which has been taken over by Earth-Tech.
Mark Baugh’s first reaction was disbelief, but not surprise. He is very disappointed in the ruling and said this may not be the end of it.
“I didn’t know what information the judge did and didn’t have,” Baugh said. Because he was a witness he wasn’t in the courtroom for all of the testimony, but added that the judge should have had all the information to prosecute to the fullest extent of the law.
“The fact that they didn’t have permission to cross my property should have been enough,” Baugh said. He added, “They (the Van Guilders) deceived the operators by telling them to ‘head west’ knowing there was private property to cross.
“It is far easier to ask for forgiveness after the fact, hoping they wouldn’t get caught, than to seek permission to use my property,” Baugh said. “What they did was wrong.”
Still, he is appreciative that Will County State’s Attorney Jim Glasgow decided to prosecute the case. And, he is grateful for the efforts of those who investigated and prosecuted it.
Will County Board Member John Anderson was involved in this case, to the extent that he urged Glasgow to get involved.
“Today, I learned that Judge Viola acquitted the Van Guilders. I am disappointed by her decision and vehemently disagree with her conclusions, but I do respect her ruling,” Anderson said.
Anderson said that it was his understanding that Judge Viola believed there was insufficient notice that trespassing was not permitted.
“However, there is a ‘no trespassing sign’ in Mark Baugh's front yard,” Anderson pointed out. “Additionally, Lee Van Guilder himself testified that he walked up to the front door to ask permission to move the machinery through the property. Van Guilder would not have gone to ask permission if he really believed that the machine would be allowed to cross the property.”
Despite his disagreement with the judge’s decision, Anderson believes the Van Guilder's prosecution is still a win for the Baugh's and for residents living in the area of the proposed airport footprint.
“The mere fact that the Van Guilders were prosecuted sends a clear message that this sort of behavior will not be tolerated, and the rights of residents living in the footprint area command respect,” Anderson said, admitting that he has received dozens of complaints about trespassing by the Van Guilders and employees of IDOT or Hanson.
Anderson is also grateful to Glasgow. He said when he asked Glasgow to accompany him to the Baugh's property to view the damage, Glasgow drove across the county in a snow storm. He is also grateful to the prosecutors who worked so hard on the case.
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