Scenario #1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT MACON COUNTY, ILLINOIS IN RE THE INTEREST OF: )
) No. 92-J-98 and
UNIQUE DREAM WILLIAMS and ) 94-J-564 ATRUE DREAM WILLIAMS, ) minors. ) PETITION FOR APPOINTMENT OF SPECIAL PROSECUTOR NOW COMES Assistant Public Defender KEVIN L. KEHOE, as duly appointed guardian ad litem for the minors herein, and moves this Honorable Court, pursuant to 55 ILCS 5/3-9008, for the appointment of a special prosecutor to prosecute or pursue on behalf of, to perform the duties of, and to otherwise represent the interests of the Petitioner in each of these actions, namely Lawrence F. Fichter, State's Attorney of Macon County, Illinois. In support of this Petition, the undersigned states as follows:
1. The parents of the minors have made numerous allegations concerning a personal vendetta or conspiracy by the State's Attorney and his staff against said parents and their children.
2. The aforementioned allegations of a personal vendetta or conspiracy have been in both oral and written form.
3. The State's Attorney and his staff have a history of involvement with criminal charges against the parents of the minors.
4. Some of the aforementioned involvement resulted in pleas of guilty by said parents, but other of those charges have been dismissed by the State or were successfully defended by the parents.
5. Other citizens in Macon County apparently believe that the State's Attorney and his staff are involved in a personal vendetta or conspiracy against the parents of the minors.
6. Allowing the State's Attorney and his staff to continue to prosecute this case might result in the appearance of impropriety, particularly considering the allegations made by the parents of the minors and the apparent agreement of various citizens with that position.
7. Allowing even the appearance of impropriety in this case might tend to weaken the faith of certain citizens in the judicial system and, at least in the eyes of those citizens, taint any subsequent rulings by this Court.
8. The Emergency Motion to Terminate Visitation that was recently filed herein by the State's Attorney referred to the parents of the minors "utilizing the children as pawns."
9. The allegations of the parents referred to in paragraphs 1. and 2. of this Motion allege that the State's Attorney and his staff are also utilizing the children as pawns in the furtherance of their personal vendetta or conspiracy.
10. It would be in the best interests of the minors if neither the parents of the minors, nor the State's Attorney and his staff, could utilize or be accused of utilizing the children as pawns in their apparent struggle.
11. In his Motion for Leave to Withdraw as attorney for the parents of the minors that was recently filed herein, Richard A. Hopkins states that his clients "refuse to file or authorize their counsel to file motions for appointment of a special prosecutor."
12. The aforementioned Motion by Richard A. Hopkins is evidence not only of the belief of the parents of the minors that the State's Attorney and his staff have a conflict of interest in these cases, but also that said parents perhaps continue to pursue their struggle with the State's Attorney rather than considering the best interests of their children.
WHEREFORE, Assistant Public Defender KEVIN L. KEHOE, as guardian ad litem for the minors, hereby requests that a special prosecutor be appointed by this Honorable Court pursuant to 55 ILCS 5/3-9008 to perform the duties of the State's Attorney and his staff in Case No. 92-J-98 and in Case No. 94-J-564.
Respectfully submitted,
BY:
Kevin L. Kehoe
Kevin L. Kehoe
Assistant Public Defender
227 South Water Street
Decatur, Illinois 62523
(217) 429-2800
