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NewsFriday, October 19, 2007 9:57 PM CDT
Milton request seeks to recoup lawyer fees
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NEW 12:30 p.m. BLOOMINGTON -- McLean County Clerk Peggy Ann Milton is asking that the court appoint her defense attorney as a special state's attorney, a move that could allow Milton to be reimbursed the attorney fees she paid to defend herself against theft and official misconduct charges.

Milton was acquitted in August of accusations that she used county stamps for mailing letters for a charity and that she stole county labor by asking a worker to take her child home from the clerk's office. Milton also was cleared of official misconduct charges linked to the theft accusations.

In a petition filed in court Friday, local attorney Jason Chambers of Chambers and Wong contend that Milton was entitled to legal assistance from the county state's attorney's office "for all needs involving her office and her execution of the duties of her office."

The charges against Milton were related to her duties as county clerk, Chambers argues in the petition.

State's Attorney Bill Yoder handed Milton's case over to a special prosecutor because of a conflict of interest. He did not return calls for comment Friday morning on Milton's petition.

If the petition is granted, county funds would be paid to reimburse Milton's attorney fees. The appointment would be retroactive to the start of Milton's case, said Chambers.

"We want to make it clear that we're not pointing fingers at anyone. We just want Peggy Ann to be made whole financially," said Chambers.

State appellate prosecutor David Rands was appointed to the case. State and local police investigators worked on Milton's case for about eight months before indictments were returned in March.

Milton was represented in her criminal case by Peoria attorney Lee Smith.

During the trial, Milton said legal fees topped $35,000 and final bills had not been received. Private donations have helped with a portion of the fees, said Milton.

No specific dollar figure is listed in the petition.

According to documents obtained by the Pantagraph, Yoder told the county clerk after the trial that his office would research the possibility of the county reimbursing Milton for legal fees. In an e-mail to Milton several weeks later, Yoder wrote that "In order to seek reimbursement, it appears that the only way to do so is by filing a petition in court for the appointment of a Special State's Attorney based upon a conflict of interest."

The petition could be filed by Milton or her attorney, Yoder advised.

Yoder cited his ongoing conflict of interest in Milton's matter and said he would again ask for a special prosecutor to represent the county in any litigation involving the legal fees.

No hearing date has been set on Milton's petition.

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Reader comments on this story - 55 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

change the law wrote on Oct 27, 2007 7:55 AM:

" Simple petty pilfering that’s it. She should have set an example to her workers that this was not allowed. She should not be rewarded for not doing her job. "

to 80,000 wrote on Oct 24, 2007 8:17 AM:

" YES this is correct, she makes about $80,000 and lives in a big fancy house so I say pay your own legal fees "

Head Hunter wrote on Oct 20, 2007 9:45 PM:

" The sole person responsible for this debacle is States Attorney Bill Yoder. I agree: PAY THE BILL, BILL. If Yoder now refuses to cough up the rebate to Milton, he should pay at the next election. VOTE THIS YAHOO OUT OF OFFICE, everyone, please. Practice chanting it: PAY THE BILL, BILL!! "

for the record wrote on Oct 20, 2007 7:58 PM:

" the donations will be deducted from the legal fees...no profit intentions on her part "

80,000 wrote on Oct 20, 2007 5:17 PM:

" Is the clerk's salary $80,000? That doesn't sound right. "

To Whoa a minute wrote on Oct 20, 2007 4:26 PM:

" She was charged with official misconduct. That made it about the "policies and procedures" of the office. If they did not want it about the office, then they should have left that charge out. "

Doubledipper? wrote on Oct 20, 2007 4:20 PM:

" Once the Clerk accepted donations at the Radisson, the thought of being "made whole" by the County should have been dropped! Time to counter-sue the persons who brought the suit in the first place. If I had the $80,000 job of being Clerk, I would not risk any possible voter backlash to collect a meger $35,000. Time to see the big picture here! "

i agree wrote on Oct 20, 2007 3:54 PM:

" with going after the loser that put her in the position to start with..... "

to I thought wrote on Oct 20, 2007 12:54 PM:

" I agree...so if she is reimbursed in full, will she return the "contributions" to the donors? "

Whoa a minute wrote on Oct 20, 2007 12:22 PM:

" Is the State's Attorneys office charged with both defending the OFFICE of a County official as well as the person occupying the seat. Believe we have a distinction here in this case. Peggy Ann was charged with PERSONAL criminal behavior. It was NOT a criminal case concerning the policy and procedures of the County Clerks office brought by an individual citizen or organization. Look forward to seeing how this one is spun ! "

Beware of power wrote on Oct 20, 2007 10:33 AM:

" Prosecutors have great discretion, power and therefore responsiblity. Before this case should have been filed due to disgruntled employees, there should have been a common sense check. Just because prosecutors can file a charge does not mean they should. If that is the case, the system would be flooded with adultery, fornication, etc... someone tried to take away Ms. Milton's job and reputation on a very weak case. she is NOT asking for anything other than to be made whole. "

Weary Taxpayer wrote on Oct 20, 2007 10:27 AM:

" The case against Milton should never have been tried. With that said, it is time to end this ordeal once and for all. The Clerk's salary of about $70,000 plus the funds received at the Raddisson should not leave her on the brink of bankruptsy. The persons who gave this phony case the light of day should be forced to pay her legal costs! Please please leave the taxpayers of the County out of any further financial burden from this case! Time for the Clerk to move on, Period! "

Wow! wrote on Oct 20, 2007 8:59 AM:

" More people angry about her wanting reimbursed for her expenses and rightfully so than there are wanting the $80,000 annual paycheck for a jailed cop to end. Also people don't realize the jailed policeman receives other benefits along with his check. Retirement,medical, etc Pay her back what she had to fork out due to the political witch hunt and waste of taxpayers money orchestrated by idiots who waste time and money while allowing real criminals to walk. "

To: You go.... wrote on Oct 20, 2007 8:51 AM:

" She will not go after him. She is a christian and that means forgiveness. Period. "

Reality wrote on Oct 20, 2007 8:44 AM:

" This is not comparable to other cases referenced above. These charges came from accusations by a disgruntled former employee, who could not substantiate anything once in the witness chair. The judge called it a very weak case, the jurors said there was no evidence. Clearly a prosecutor would go into court with his BEST case. David Rands, the special prosecutor, answers to no one so does not have to account for the incredible waste of money this rediculous trial was. State law dictates that the States Attorney's office is to be the lawyer for county officials. Milton was wrongly denied that representation and had to bear the burden personally. In any corporation this legal expense would have been on the company, not the employee. The Milton family is an ordianry middle class family that works to make ends-meet every month. This huge financial burden on them should never have happened and they only deserve what she should have legally had. The wrong here was not Peggy Ann Milton. Others are the ones to be criticized for this wrong done to her and cost to us. "

Ashamed to be a resident.... wrote on Oct 20, 2007 8:05 AM:

" YOU PEOPLE MAKE ME SICK. Why shouldn't she be reimbursed, This was a case that was b/c of her position, Pelo's case is private not b/c he is a cop. The sad part about all of you is you are attacking her when you should be attacking the officials who passed the law saying it was accepted for her to be reimbursed. JLK "

Midwest guy wrote on Oct 20, 2007 7:14 AM:

" State's Attorney Yoder seemed to knuckle under pressure from Zuenik and others who have a strong dislike for Milton; she's a New York Italian and her strong-minded approach never played well in McLean County, where, as an outsider myself from a larger city, it is important that people walk in lock-step with each other if they want to avoid any scrutiny. Similar to the Stepford Wives movie. With the very weak charges brought against Milton; showing ineptness from the State's Attorney's office; one should be able to recoup their monetary losses. It's only right; then the public can express their displeasure with the State's Attorney's office and others for wasting their tax dollars; and not blame an innocent victim of an overzealous State's Attorney. "

Would be fair if wrote on Oct 20, 2007 6:59 AM:

" Prosecutors where personally responsible for the attorney fees of the accused, when they go to the grand jury and come up with phony charges. Would cut out a lot of phony charges and bogus headlines. Always remember the attorney is not sworn to tell the truth like the witness is on the stand. "

delay.. wrote on Oct 20, 2007 6:43 AM:

" "In an e-mail to Milton several weeks later,...." It surprises me he took only "several weeks" to respond to Ms. Milton. usually Mr. Yoder doesn't respond at all. Try calling the states attorneys office and he is never there and never will want to meet. "

Greed wrote on Oct 20, 2007 6:08 AM:

" This case is similar to the case of Georgia Thompson in Wisconsin. Steven Biskupic, the United States Attorney in Milwaukee, turned a sham case into a campaign issue that almost got a Republican elected governor in Wisconsin. And this guy, Biskupic, has not been asked by Bush, for his resignation. He still has his job in Milwaukee, doing what Bush expected the fired U.S. Attorneys to do. Use their office to help elect Republicans. BTW, you can google “Georgia Thompson”, and after reading what The United States Court of Appeals for the Seventh Circuit had to say about Biskupic’s prosecution of a innocent state employee, you can make a judgment about why the U.S. Attorneys were fired by Bush. BTW, Biskupic still has his job. If things had been reversed, and Democrats had pulled this crap, it would still be echoed throughout the country on TV and Blowhard Radio, every day. The decision to prosecute Peggy Ann Milton rests with the District Attorney’s Office. Next election, I hope voters remember this was Yoder’s call. "

to "are you kidding" wrote on Oct 20, 2007 5:54 AM:

" obviously you know nothing about the law. people are found not guilty all the time due to over zealous police and prosecutors or just poor investigation "

difference wrote on Oct 20, 2007 5:43 AM:

" Pelo and others charged with crimes are not elected officials. elected officials are entitled to have their legal fees paid. in this case not only should the charges never have been brought but it took 12 people to find her not guilty in 1 hour. that should tell everyone posting here that the case never should have been brougth. maybe you hypocrites should talk to some of the jurors. i talked to a couple and i know what they thought of it. $35000 is a lot of money for a person who was entitled to an attorney at county expense under the law. "

to Peggy Sues Fan Club wrote on Oct 20, 2007 5:00 AM:

" this woman admitted using stamps that for personal use she did not pay for. The fact she had a fan club of supporters who found her not guilty should be enough for her so say, OK I will try and do a better job. Not this arrogant farm girl she wants it all. Well even OJ did not get his money back from the dream team when he was acquited, and not even OJ in all of his arrogance had the nerve to try and recoup his lawyer fees. Peggy Sue get over it and if your strapped for cash, do like everyone else does and get a part time job. "

Let her wrote on Oct 19, 2007 9:58 PM:

" write a book and title it Stampgate to pay for her expenses. "

You go, Pam!! wrote on Oct 19, 2007 9:48 PM:

" Keep fighting, and I think you should go after the loser that put you in the position you're in! Best of luck to ya. "

FOIA wrote on Oct 19, 2007 9:28 PM:

" " What was the tab on these guys?....State appellate prosecutor David Rands was appointed to the case. State and local police investigators worked on Milton's case for about eight months before indictments were returned in March. " How about a ball park figure ? "

Candy wrote on Oct 19, 2007 9:07 PM:

" I feel sorry for her, for what she went thru. But to ask the tax payers to foot the bill, I say NO NO NO NO NO. From what little bit I know of her I think they can afford what they spent. This is getting to be a thing where the weel to do want the poor to foot the bill. NO NO NO NO NO "

plaid braisley wrote on Oct 19, 2007 8:44 PM:

" if she was not a county official the states attorney could have exercised some discretion and declined to prosecute. if they had declined, no doubt there would have been hell to pay. pay her lawyer bills and be done with this. "

To Give me a break wrote on Oct 19, 2007 8:41 PM:

" From a personal experience with a grand jury a few years ago I found out the prosecutor asks all the questions you have no rebuttal, you can present no evidence, you are not in the room to confront your accusers when other witnesses are questioned they can lie and twist the story around including our fine state police. Just plan on anything coming out of a grand jury is just a set up by the prosecutor not the real truth. "

So this is wrote on Oct 19, 2007 7:30 PM:

" how the GOPers here in a " law and order " county handle the legal expense. When one of theirs gets caught up in a sting they foist the bill off on the public at large. Peggy Ann just happened to be the one whom the " overzealous " state's attorney and special prosecuter chose to indict. If the " high value " attendees at the fund raiser didn't fork over enough maybe they should just pass the hat again. Might just be when " those " people are charged with only marginal evidence, convicted and then harshly sentenced they have a point when they question the judicial system. "

Jeff wrote on Oct 19, 2007 6:39 PM:

" Whether it should have not gotten that far or not, is not the issue. Why spend more tax dollars? are we going to pay Sgt. Pelo's lawyer's fees if he's found not guilty?? "

The Blue One wrote on Oct 19, 2007 5:59 PM:

" Mrs. Milton was robbed of 15 months of her life and over $35,000 by McLean County through their malicious, politically-motivated prosecution of her on the most ridiculous, trumped up charges imaginable. Not only was the lady (and her family) drug through all those months of Hell, but she (and her family) had to shell out precious thousands of dollars that absolutely mean the difference between a teenager going to college or not. Wouldn't you exercise your legal rights to try to recover that money? You bet you would, EVERY SINGLE ONE OF YOU. Hypocrits. Back off and allow people to petition the Law for redress. "

to nuts wrote on Oct 19, 2007 5:55 PM:

" The thing is that the law says that a county official is entitled to representation if the litigation stems from their office. And a public official getting charged with a crime is not like any other defendant. Granted, the law might say they should get representation, but the stakes are higher, like getting charged with a felony for stamps instead of a misdemeanor. "

Former gov worker wrote on Oct 19, 2007 4:13 PM:

" Her case sould never have gotten to the point it did. I was involved in local and state government for 30 years (not in this state), and have seen similar cases handled internally with auditors and others. This case should never have seen the inside of a court room. A total waste of time and money. "

To an Officer wrote on Oct 19, 2007 3:48 PM:

" Your do not have your facts correct. Agent Mr Panizo who began and completed the investigation was LATER promoted to the Terrorism Task. You see the investigation was OVER so they did not PULL him from his duties "

To an Officer wrote on Oct 19, 2007 3:41 PM:

" Your do not have your facts correct. Agent Mr Panizo who began and completed the investigation was LATER promoted to the Terrorism Task. You see the investigation was OVER so they did not PULL him from his duties "

Give me a BREAK wrote on Oct 19, 2007 3:39 PM:

" Ok Ms Milton as a taxpayer I have heard quite enough from you and your sad sad stories. I do not want my tax dollars paying for your defense. I find it very hard to believe that with the State's Attorney's office, and the State Police investigation both believing there was ample evidence to bring charges against you Ms Milton that more did not come from this. I personally do not think the Special Prosecutor did his job. Does anyone know if with a Freedom of Information form a person can get the transcripts from the Grand Jury??? I would love to see what actually was brought up and why Mr Rands chose the indictments he chose. "

Radisson Fund Raiser wrote on Oct 19, 2007 3:32 PM:

" Was the money raised at the Radisson fund raiser turned in as income or is it tax free?? "

nuts wrote on Oct 19, 2007 3:30 PM:

" then everyone who hires a lawyer should get the county to pay for it. sheesh "

An officer wrote on Oct 19, 2007 3:21 PM:

" from the IL Terrorism Task Forced was pulled to help investigate this case. Utterly Ridiculous. This was nothing but politics people and a huge waste of your money and a waste of the investigators time and effort. "

To Re: are you kidding wrote on Oct 19, 2007 3:07 PM:

" The kids from Duke have filed a civil suit for damages. "

You Folks Are Wrong... wrote on Oct 19, 2007 3:01 PM:

" The county SHOULD pay her legal fees. This was a suit that should have NEVER been brought to trial. You folks are upset, be upset at the proper people - those that filed and prosecuted this pitiful suit!!! "

Re: are you kidding.. wrote on Oct 19, 2007 2:50 PM:

" Charges are filed all the time without substantail evidence. Ask the kids from Duke about that. "

FOIA wrote on Oct 19, 2007 2:45 PM:

" What was the tab on these guys?....State appellate prosecutor David Rands was appointed to the case. State and local police investigators worked on Milton's case for about eight months before indictments were returned in March. "

What??? wrote on Oct 19, 2007 2:41 PM:

" You have got to be kidding! Another elected official using their position to get more than they are entitled to. I am so tired of this. They need to have someone to answer to. Every four years having their name on the ballot (with hardly ever any opposition in McLean County) is certainly not enough supervising. I KNOW, no elected official hires someone knowing they have to keep them four years no matter how they perform their duties. Now her brother-in-law wants to be circuit clerk. It's time we have choices on the ballot. It's time elected officials have someone overseeing their office. All of this may have been avoided if she had some administrator to answer to. "

Just wrote on Oct 19, 2007 2:38 PM:

" Be gald were not paying for her food wow that would get expensive. "

It's funny... wrote on Oct 19, 2007 2:38 PM:

" ...that before and during her trial the comments here were overwhelmingly in her favor. Now that she's been found not guilty and wants her legal fees paid, the wolves sure are turning against her. If you want to criticize anything, it should be the waste of taxpayer money by the States Attorney's office in even brining this to trial. "

Question... wrote on Oct 19, 2007 2:31 PM:

" If she does get the State to pick of the defense tab do you think she will return the money she raised from the Radisson fundraiser? "

hah wrote on Oct 19, 2007 2:19 PM:

" Just be glad we are not paying for her to eat an attorney is cheaper than feeding that thing. "

Evidently wrote on Oct 19, 2007 1:54 PM:

" Evidently she didn't make enough from the fundraiser she held at the Radisson. "

Are iou kidding me?! wrote on Oct 19, 2007 1:41 PM:

" So because the evidence against her wasnt solid enough to convict her we have to pay her legal fees??!?!?!?!?! Charges arent filed in a court of law unless there is substantial evidence. For whatever reason they couldn't determine for 100% that she was guilty. And now we have to pay her legal fees?!?!? That's a bunch of crap!!! "

No No No!!! wrote on Oct 19, 2007 1:40 PM:

" Get real. Just remember this come election time folks. "

Are you kidding? wrote on Oct 19, 2007 1:14 PM:

" My tax dollars may be used to pay for her defense of an alleged crime that involved the abuse of her title and office. That is simply ridiculous. She should have to pay for the attorney herself. That would be like asking the City of Bloomington to pay for Jeff Pelo's legal tab. "

I thought... wrote on Oct 19, 2007 1:13 PM:

" the fundraiser at the Raddison Hotel was to help with all the legal fees incurred and the hardship this case caused? "

Ellsworth Resident wrote on Oct 19, 2007 12:54 PM:

" Is it safe to drive to Bloomington today. I heard that there was a giant gas leak and the Colosseum was filled legal eagle refugees. "

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