For all of us thankful on Thanksgiving, one of the most grateful must be Waukegan City Clerk Janet Kilkelly. The felony charges she’s been facing since March were tossed out last week.
Lawyers for the long-time public servant had asked Lake County Circuit Court Judge Patricia Fix to dismiss the case. They maintained Kilkelly was improperly charged for issuing five city businesses some reduced credits for liquor and video-gaming license fees during the height of the COVID-19 outbreak.
State and county law enforcement officials contended Kilkelly was a deputy liquor commissioner and approved the credits for the eateries and bars even though they weren’t “in good standing.” The quintet allegedly owed back city fees.
Many saw the clerk’s action as coming to the aid of Waukegan small businesses trying to keep their heads above water. This was at the time, many should remember, when coronavirus cases spiked across Lake County and plenty of public places were shuttered by state officials because of the pandemic.
The judge agreed with the clerk’s attorneys in setting aside the charges, citing three issues.
One was the reduced-credits law approved by the City Council in late 2020 to aid businesses that failed to define the term “in good standing.” Second, Kilkelly was never a deputy liquor commissioner. Third, that the Lake County grand jury that indicted her on 10 felony counts was misled by testimony from an Illinois State Police investigator.
According to several accounts, that testimony, the judge pointed out, caused “a complete denial of due process.” The three issues covered by Judge Fix were part of what Lake County State’s Attorney Eric Rinehart at the time of the indictment said was part of an “extensive investigation” into official misconduct and misapplication of funds.
That doesn’t appear to be the case since the judge skewered prosecutors’ allegations, especially the state trooper’s embellished grand jury testimony. Determining if Kilkelly, who is running unopposed for city clerk in the February Democratic primary, was or wasn’t a deputy liquor commissioner for the city should have been an easy discovery task.
Waukegan Mayor Ann Taylor and former Mayor Sam Cunningham noted Kilkelly was never named to the post, as the state’s agent had testified in grand jury proceedings. “Indeed, had ALL the facts been initially known and presented to the grand jury, there would likely have been a different outcome,” Judge Fix wrote in her opinion dismissing the charges.
Kilkelly, who has spent 40 years in the public eye, strongly pleaded innocent to what some saw as overcharging for an alleged white-collar crime. At no time did prosecutors allege she sought financial gain for granting the financial breaks — which in total amounted to about $6,000 — to the struggling businesses.
Yet, Rinehart, fresh off a convincing re-election win on Nov. 5 to a second four-year term, has indicated his office may appeal Judge Fix’s ruling to the Appellate Court sitting in Elgin. Judges are not fond of sound legal opinions going up on appeal.
It’s not like Fix, deputy chief judge in the Lake County circuit, is a newcomer when it comes to dealing with felony matters. She was elected a judge in 2012, and has been handling mainly felony cases since then.
Prior to that, she was an assistant state’s attorney from 1991 until her elevation to the bench. With the State’s Attorney’s Office, she was chief of the Felony Trial Division, along with being chief of the Cyber Crime Division. Guess she knows a felony when she sees one.
In the Kilkelly case, the veteran judge didn’t see one, along with the clerk’s attorneys. “Justice has prevailed,” her lawyers Donald Morrison, James Bertucci and Ricardo Meza said in a joint statement after the charges were rejected. “We are very thankful, but not surprised, by the court’s ruling dismissing all charges against our client, Janet Kilkelly.”
As for the likable and respected clerk, who said in a statement the past months have been “extremely stressful,” she plans “on spending the upcoming holiday season continuing to do the job for which I was elected, and of course spend time with my family and friends.”
Despite calls for her resignation, Kilkelly stayed the course in office. At the same time, it most certainly cost money to defend what up until her indictment had been a sterling reputation in the public arena.
A trio of legal eagles was needed to vindicate one’s character. With the verdict, it’s safe to say Waukegan taxpayers can be assured that quality remains among this city official.
Charles Selle is a former News-Sun reporter, political editor and editor. sellenews@gmail.com. X: @sellenews
