PART 14 OF COUNTYLEAKS SERIES ON DUPAGE COUNTY FOREST PRESERVE...
Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine, Part Ten, Part Eleven, Part Twelve,
Part Thirteen
"MR. TATARELIS HAD THE GALL TO CROSS-EXAMINE OUR EXPERT WITNESSES! ...IT'S
INSULTING!" thundered Patrick Collins last Wednesday while pointing at Assistant State's Attorney Ken Tatarelis, during closing arguments of DuPage's eight-day criminal trial in Wheaton before Judge Liam Brennan.
The case involves two former employees of the DuPage County Forest Preserve's IT Department, Mark McDonald and David Tepper, and the former IT vendor, Arif Mahmood. The Forest Preserve conducted a secret investigation of the men in 2011 and later brought their findings to authorities. In 2012, the men were charged with a collective 317 felony indictments. (McDonald's trial was rescheduled to Oct. 22nd due to
health issues.) Judge Brennan's decision for Tepper and Mahmood is scheduled for Thursday, Oct. 1st, at 9 am.
Collins,
a former federal prosecutor now a defense attorney, was referring to
three IT expert forensic witnesses testifying on behalf of his client,
Mahmood, who was originally charged with 40 felony counts and was
still left with two. Expert witnesses had analyzed data in Mahmood's
possession, and what was left at Forest Preserve headquarters which turned out to be...nothing.
Deliberate and Secret Destruction of Public Records Admitted in Court Room
The cause of Collins' outburst was that the State had never sought to preserve evidence at the Forest Preserve, yet grilled the IT witnesses on the scraps left behind. These witnesses cost the defense tens of thousands of dollars.
There wasn't any computer data left at the Forest Preserve for the State to preserve by the time they got the case.
PART 13 OF COUNTYLEAKS SERIES ON DUPAGE COUNTY FOREST PRESERVE...
Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine, Part Ten, Part Eleven, Part Twelve
Four years after the JRM's "secret investigation"of the DuPage County Forest Preserve IT Department, three years after arrests, and nearly three years after 317+ indictments were collectively passed down, the "speedy" trial of the former Forest Preserve IT staffer David Tepper, and the former contracted Forest Preserve vendor Arif Mahmood, finished its first week at the Henry J. Hyde Judicial Office Facility in Wheaton before Judge Liam Brennan.
Former DuPage County Forest Preserve IT Director Mark McDonald is included in the charges and was originally scheduled to be tried with Tepper and Mahmood. McDonald's trial was rescheduled to Oct. 22nd due to health issues.
DuPage County State's Attorney Bob Berlin has publicly endorsed Brennan, as heard at the judge's fundraiser and as seen on the judge's campaign website. Berlin has not observed the county's biggest criminal trial, according to CountyLeaks' sources. Immediately after work, however, Berlin did attend the fundraiser of DuPage County Forest Preserve District 4 Commissioner Tim Whelan on Thursday, Sept. 17th, held at St. James Farm in Warrenville.
PART TWELVE OF COUNTYLEAKS SERIES ON DUPAGE COUNTY FOREST PRESERVE...
Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine, Part Ten, Part Eleven
Four years after the JRM's "investigation", three years after arrests, and nearly three years after 317 indictments were collectively passed down, the criminal bench trial of the former DuPage County Forest Preserve IT staff Mark McDonald and David Tepper, and the former contracted Forest Preserve vendor Arif Mahmood is scheduled to begin Sept. 14th at the Henry J. Hyde Judicial Office Facility in Wheaton before Judge Liam Brennan.
The majority of felony charges listed against McDonald and Tepper include "accepting a kickback," "unlawful participation," "official misconduct -- performing a forbidden act," and "theft by deception with intent to deprive." Charges against Mahmood consist mostly of "accepting a kickback" with one count each of "theft by deception with intent to deprive" and "official misconduct -- accepting bribe to influence public officials, public employees, juror or witness."
Former federal prosecutor Patrick Collins is defending Mr. Mahmood.
Now that the trial is about to launch, this blogger cannot resist ruminating about potential witnesses and what they'll probably be asked under cross-examination. CountyLeaks sought the professional opinion of highly-acclaimed, bulldog criminal defense expert Atty. Backup Ofthebackup (not in good standing at the DuPage Bar Association, unfortunately). Here's a sample of what we can expect next week:
Witness # 1 DuPage County Forest Preserve President Joe Cantore
Atty. Backup Ofthebackup: Mr. President, included in the charges is that the Forest Preserve Board and administration were unaware that employee David Tepper also owned and managed the small IT consulting firm, IDS. In fact, this is the basis of the alleged fraud scheme. How is this possible when you yourself had hired David and IDS for side work for you while you were a Forest Preserve commissioner?
Atty. Backup Ofthebackup: Mr. President, is this your signature on a check to IDS? This check? And this check? How 'bout this check?
Atty. Backup Ofthebackup: No further questions, your honor. I request a directed verdict from the court. I do not need to call any more witnesses, your honor, but since we're all here...
Witness # 2 Former DuPage County Forest Preserve President Dewey Pierotti
Atty. Backup Ofthebackup: Mr. Pierotti, why wasn't this entire matter handed over to law enforcement from Day One or even Forest Preserve security? Is it because it first had to be delicately controlled internally, ie: all evidence against you and your buddies shredded first?
Atty. Backup Ofthebackup: Mr. Pierotti, please stop staring down at the table and look at me. Did you freak out when you learned that the 2009 emails following the Oak Meadows clubhouse fire were archived off-site at Arif's company, Alamach Technologies, Inc.?
Atty. Backup Ofthebackup: In your position, surely you were informed of the Forest Preserve's sophisticated alarm system with battery backup for purposes of code and insurance. How often was this system tested? Was it connected with the computer system in the Forest Preserve's IT department? So let's say, hypothetically speaking of course, that if the alarm system had been disabled prior to the Oak Meadows clubhouse fire, that information would have been and captured in the database that was immediately wiped clean after obtaining Arif's equipment, prior to the matter going to the State's Attorney?
Atty. Backup Ofthebackup: Was this covert investigation cooked up because Mark, David and Arif were obstacles in destroying damning evidence still floating around following the Oak Meadows fire? Were they in the way in more ways than one? What was the total reimbursement from the insurance company again?
Atty. Backup Ofthebackup: So this was all about gaining access to the evidence you wanted destroyed, and if it meant that the very men who were in charge of maintaining and protecting Forest Preserve information would be wrongfully investigated and indicted to protect yourself and your cronies, so be it?
Atty. Backup Ofthebackup: Your honor, I request a recess to allow the witness to compose himself. Should we call 911?
