EDWARDSVILLE – Madison County Sheriff John Lakin allegedly violated a court order by continuing an investigation of the county administration, information technology director Rob Dorman alleged on March 2.
Dorman’s lawyer, Edward Moorman of Alton, filed a motion for Lakin to show why the court shouldn’t hold him in contempt.
Visiting Judge Jerry Crisel ordered an end to the investigation on Jan. 24.
On Feb. 5, he directed Lakin to return to the administration items of computer hardware that officers seized in 2018.
According to Moorman, Lakin returned everything but Dorman’s computer.
Moorman wrote, “As a result of the foregoing, the Madison County sheriff John D. Lakin is in contempt of court.
“Matters of grave importance have been sealed and judges not previously assigned have issued orders all presumably related to the matters assigned to Judge Crisel previously.”
State’s Attorney Tom Gibbons sent officers into administration offices in January 2018, with a search warrant for seizure of computers.
Chief Judge Dave Hylla asked the Illinois Supreme Court to assign a visiting judge, and the Supreme Court picked Crisel.
Crisel ruled that Gibbons, as counsel to county officials under investigation, could not prosecute his own clients.
The State’s Attorney’s Appellate Prosecutor declined to take the case, so Crisel assigned it to the Illinois Attorney General.
At a hearing in January, AG Kwame Raoul notified Crisel that he concluded the investigation.
According to Moorman, Raoul’s office reviewed documents and video, “and then withdrew from the case indicating no further action would be taken.”
Moorman wrote that prior to Raoul’s withdrawal, a Madison County judge not assigned to the matter extended the sealing of an affidavit for the search warrant for 90 days. The order was sealed, so it wasn’t apparent who requested it, he wrote.
According to Moorman, Raoul had no objection to unsealing it, “so the request apparently was made by the Madison County sheriff or Madison County state’s attorney.”
At the Jan. 24 hearing, Crisel closed the case and terminated Raoul’s assignment.
Moorman wrote in his motion that deputies were in court when Crisel issued his findings and the deputies did not object.
Within a day after Crisel signed an order to return the computers, a judge issued a warrant permitting Lakin to retain a computer.
“These supplementary proceedings were sealed,” Moorman wrote.
He further wrote that Gibbons, despite being removed from the investigation, requested the appointment of the appellate prosecutor. And, another judge not previously assigned to the matter issued an order appointing the appellate prosecutor to investigate alleged perjury.
That judge, Christopher Threlkeld, granted the appointment of a special prosecutor on Feb. 11, stating that it is required in the “interest of justice.” Threlkeld's order does not provide details on who allegedly committed perjury or what crimes may have taken place.
Moorman wrote in his motion that whether the investigation involves matters previously assigned to AG Raoul is unknown because all documents have been sealed.
He requested a hearing, “to determine what judge if any is assigned to this matter and authorized to issue orders in relation thereto.”
He also seeks to determine the jurisdiction of the appellate prosecutor’s office and the propriety of its assignment.
“Failure to clarify this situation will risk multiple court proceedings undertaken in secret by judges not previously assigned to the matter,” Moorman wrote.