In a case involving a mental health patient’s statement to his mental health team, Deputy Sheriff Bigu Varghese’s attempt to obtain a no stalking, no contact order failed yesterday in the Circuit Court of McHenry County before Judge Michael Zasadil.
Varghese was represented by Troy Owen’s of the McHenry Co States Attorney’s Office.
For some reason, Owens attempted to compare his resume to Attorney Hanlon’s experience.
Owens touted his 34 years experience as a prosecutor to prove some point.
Owens claimed that Hanlon was “naked and a quadriplegic in a knife fight.”
In response to those arguments Hanlon stepped up to the podium looked at his own attire and said, “Judge as I’m sure you can see, I’m clothed and standing before the court on my own two feet wearing a suit and tie with my purported non-existent arms and hands and there is no knife in the courtroom.”
During the hearing Deputy Sheriff Bigu Varghese testified he suffered severe emotional distress and shock as a result of receiving a request to connect on LinkedIn.
Hanlon probed into Deputy Varghese’s claim of extreme emotional distress seeking to understand how the badge wearing gun possessing deputy suffered such freight from his receipt of an internet request to connect on LinkedIn.
Deputy Varghese testified he had been using LinkedIn for ten years and received other requests to connect without suffering emotional distress.
Hanlon asked Varghese if he also suffered fright and distress when taking the 50 or so people he had taken to the county jail.
The deputy said no.
Owens actually argued the LinkedIn connection request constituted an act of stalking.
Under the Assistant State’s Attorney’s theory, the fact the defendant had looked at Deputy Varghese’s LinkedIn profile was evidence of placing Varghese under surveillance.
In Hanlon’s less than subtle manner, he said the State’s surveillance argument was not sufficient to fool even the smallest of minds.
Owens stands at about 5 foot and Hanlon is somewhat taller at 6’7.”.
Perhaps the small mind comment was intended with a double meaning.
Deputy Varghese testified that the request to connect was not accompanied by any other statement of the defendant.
Another interesting development occurred when Owen’s wanted to call the defendant as a witness.
However, the defendant was not in the courtroom.
Apparently, the State’s Attorney’s Office did not do the paperwork to compel the appearance of the defendant.
With an objection pending Judge Zasadil asked Owens if he had sent the required notice or subpoena and Owens indicated he did not.
When reached for comment, Hanlon said, “I guess I have to wait until I have 34 years experience as a prosecutor to understand why that case was even filed.”
Hanlon also asked the court to disqualify and hold Owen’s in contempt.
Judge Zasadil declined that request, but did not explain why the remedy sought being extreme was a basis to deny the contempt request.
The court vacated the emergency no stalking order and granted a directed verdict in favor of the Defendant.
The defendant did not have to call any witnesses.
= = = = =
See also
