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Friday, December 10, 2010

Aurora's So-Called Corporation Counsel Alayne Weingartz Defies Court Order to Turnover Over $190,000 in Missing Cash | Experts Say Aurora Will Pay Far More Due to Legal Blunders

Here we go again.

Alayne Weingartz, the City of Aurora's so-called corporation counsel is making another simple issue complicated, causing legal disputes and costing taxpayers in the process.

This time, it's due to a case where Aurora Police stopped individuals in a suspected drug matter, but didn't end up charging them with anything.  Instead, over $190,000 in cash was found and seized, then allegedly turned over to Illinois State Police and federal authorities for a possible drug transaction.

However, no charges were ever filed and the attorneys for the individuals have asked to have the money returned.

The City of Aurora's so-called law department refused, but then the attorneys went to court and just retired Kane County Judge Michael Colwell issued a court order to the city to turnover the funds.

Again, the city, under the direction of Weingartz, refused, claiming they were going to file an appeal and ask for a forfeiture.  When asked what basis the city would seek a forfeiture given there are no charges, the city's so-called legal team, led by Weingartz, said:

"we don't know."

Judge Colwell, in response, said "this is America.  Give it back."

An appeal (at taxpayer expense) by the city was rejected, so what is the lawful reason for the city not to return the money?

According to several experts, there is no lawful reason.  The problem is the city gave the money to other authorities without any legal basis, so now, unless they can get it back, taxpayers may be forced to cough up the funds due to the refusal by Weingartz to comply with the court order.  And, it could get worse.

Some say the attorneys fees will mount and there could likely be civil rights and constitutional lawsuits against the City of Aurora.  By the time all is said and done, the cost to taxpayers will be far more than the $190,000 in cash that has vanished.

The irony is that the individuals, who have not been charged, may end up getting far more than $190,000 thanks to the legal blunders by Weingartz.

Weingartz, who has a reputation as being unprofessional, has hired (at taxpayer expense) another outside attorney to now handle the matter, but there is still that pesky court order.

Attorneys Patrick Kinnally and Kathleen Colton say the refusal by the city's law department to cooperate is some of the most bizarre legal conduct they have seen in their careers.

The case is now scheduled for January 5th with the new judge in the case, Thomas Mueller.

We say there is a simple solution.

Hold Alayne Weingartz in contempt of the court order until the city comes up with the $190,000 in cash and require her to formally apologize for disregarding the law...again.


Anonymous said...

I have been railing against this since it started back in the 70's when 30 thousand was seized from a woman in the Atlanta airport. This only makes the GREEDY cops and policians both judge and jury. Something is definately wrong here with this system.

Anonymous said...

Do you really believe that Weingartz will represent the city in court. She will hide in her office and the city will pay an outside attorney to do the work in court. She is affraid to go to court and demonstrate her total lack of ability. She is both clueless and legally blond.

She just sits in her office and spends money to hire outside lawyers to do her work. When is the mayor going to wake up to her incompitence and get a real attorney.

Anonymous said...

Sound like this city is not only acting economically like a bunch of communist but they have now extended those policies violating the constitution.

I say lock that dumb B!+(# up in jail and make her pay it back buy cleaning the sewers.

Anonymous said...

Follow the money. All these lawfirms hired are HUGE campaign contributors to Weisner. The lawfirm that drafted the agreement with the Pro-life group that protests Planned Parenthood agreed that the Police need to be "educated" in the first amendment EVERY YEAR-and low and behold whom do you thin are the paid educators. The same Chicago lawfirm that wrote the order! And they are HUGE campaign contributors to Weisner. So we are paying all the Cops to sit in an office and be taught the first amendment-every year from now on-even though its the Mayor and his staff as well as his former bafoon Chief Billy Powell who were violating people rights. Why are all these Chicago Lawfirms and Arizona architects so interested in little ole' Aurora illinois politics that they feel they want to give $7,000.00 PLUS campaign contributions? HMMMMMM-can any one help me figure this out?

Anonymous said...

Where is the APD? Why arent they telling the public WHY they handed over 190,000 dollars of evidence without the authority or prescription to do so?

Anonymous said...

This Murphey is in a private firm in Chicago. The website states that he is special counsel for Aurora. I wonder how much that is costing the taxpayers? Can't Weingartz represent the city? Isn't she getting paid almost $150k to represent the city? If she can't do her job, then remove her, and her salary will almost cover the missing money.

Anonymous said...

Apparently , the APD and the City's Legal Counsel don't have enough sense to realize that stealing other people's money is wrong. The City is clearly in contempt of a Court's order.....Aurora taxpayers get ready to expect a huge daily fine.

Anonymous said...

This story made it onto The Drudge Report. Good job making the city look bad, Weingartz.

Anonymous said...

Poor, poor Sheeple. Why can't you get your heads around the idea that this money isn't missing, it is in the hands of the Feds. You remember, the agency that came to Aurora in 2006 and saved us all from the gangs because you claim APD couldn't do it. How can the city give back money is does not have. The local agency made a stop for a task force and turned the money over to them as part of an ongoing investigation. Judge Colwell couldn't see past himself to make a better decision. Let all the information come out and I'm sure before long, these brothers will be fugitives from justice hiding in Mexico without their $190K.

Anonymous said...

The fact will come out. Cops can't tell their side because its illegal. Its all dope money...

Anonymous said...

Maybe it went the way of that large catch of dope several years ago. It dissapeared while going from the evidence room in AURORA to the courthouse in Chicago. HMMMMMMMMM.

Anonymous said...

If it's dope money, then why no charges? If there's no crime, what's the basis of taking someone's money? You would think APD and the City's Legal Counsel would know how the law works.

Anonymous said...

THe APD and the city do know how the law works. That's why the cops seized it. They dont need any reason just seize what they want. Welcome to the real world KOMRAD. No judge no jury just seize it.

Anonymous said...

what's the big deal? now that tommy boy has the taxpayers convinced it's not his spending money on things he shouldn't be, but the city employees who are to blame for the fiscal mess, he'll cover the 190,000 in more concessions. must be nice to have your own piggy bank to make things right after you screw up

Anonymous said...

Folks, this is what happens when you let your Mayor install one of his crony campaign supporters as Corporation Counsel and then turn around and fire a competent legal staff. By the way, the City Council supported that boneheaded move. Alayne Weingartz had no business being put in that position--she doesn't have the personality or legal acumen for it. The community and the City Council should have NEVER let Weisner fire four attorneys, three of whom had been with the City 15, 16, and 18 years.
The purported reason for doing it was to save money, but how much money has been spent on the private law firms? If you want the truth, you should FOIA every legal bill/invoice/payment for the last six years. You can't just ask for what the City has in its records--you also need to inquire about what the City's third-party insurance administrator may have paid directly to outside counsel. Then add in the money spent in poor legal strategy and clean-up of stupid decisions. I'm betting the sum total is well in advance of what the fired legal staff was paid in salary and benefits. Ask any city manager outside of Aurora if he or she thinks that a municipality can hire law firms for all their legal work cheaper than having its own attorneys. Most experienced city administrators would say "no way". Aurora has even posted a listing for a new Asst. Corporation Counsel!
Weisner and Weingartz did this and the City Council and the Aurora community allowed it to happen with objection. So, now you get what you get. There is sooo much more the community doesn't know about. I can only hope that one day the Herald or (God, help you) the Beacon News does a thorough expose on Weisner, Weingartz, and Banbury's deal.