Judge, State’s Attorney Fight ‘Intimate’ Pic Case Deposition

Will County Judge Gerald Kinney and State's Attorney James Glasgow are fighting a subpoena from a former county board member who claims old boyfriends circulated "intimate" photos of her.

Will County Judge Gerald Kinney. Credit: Chicago Law Bulletin
Will County Judge Gerald Kinney. Credit: Chicago Law Bulletin
By Joseph Hosey

A judge and the state's attorney are fighting a former Will County Board member's bid to have them testify to what they might know about "intimate" photos she believes former boyfriends circulated behind her back.

Assistant State's Attorney Phil Mock stepped up Monday and argued that neither his boss, State's Attorney James Glasgow, nor Judge Gerald Kinney should be made to testify in the matter.

"If this was a criminal case, the special witness doctrine would apply," Mock said. "You can't just subpoena judges for a fishing expedition. The same thing goes for state's attorneys. The same thing goes for reporters."

Kinney and Glasgow are trying to get out of a deposition in the case of Kathleen Konicki, who claims former boyfriends have distributed "intimate" photographs of her via email.

Konicki, 64, petitioned the court in August for a protective order against one of these old boyfriends. The former flame, John Bassett of New Lenox, acknowledged that he at one time possessed pictures of Konicki and said, "Some of them would have been romantic," and, "Some of them might have been" nude photos. He insists that he destroyed the pictures while Konicki looked on.

But Konicki claimed Bassett sent the photos to another former lover. In court Monday, her attorney, John Ridge, identified the alleged mystery man from Konicki's past as Joliet lawyer Timothy Rathbun.

Rathbun also has been subpoenaed by Konicki. The judge presiding over the case, Victoria Kennison, recused herself when she found out Rathbun was involved. She explained that Rathbun is the opposing counsel in a court case involving her husband, businessman and former Republican county executive candidate Dan Kennison.

Judge Kennison sent the case to Judge Robert Brumund, who transferred it to Judge Brian Barrett. Once in front of Judge Barrett, Ridge asked for the case to be moved to Cook County's Markham courthouse.

Before deciding whether to ship the case out of town, Barrett set a hearing so Bassett could argue for keeping it in Will County. The battle over whether Kinney or Glasgow will have to testify was put on hold until the case's venue could be sorted out.

Rathbun has failed to return calls for comment. A receptionist said Judge Kinney was too busy to discuss the case Monday. Kinney did not respond to a message left with the receptionist.

Mock said Kinney and Glasgow don't have Konicki's pictures.

"No one has them," Mock said.

Mock also represents Mike Shay, a member of the county's information technology department who has been subpoenaed by Konicki.

Konicki, a Homer Glen Republican, released a statement saying her "subpoenas seem to have hit a nerve."

"While the emails may be uncomfortable and embarrassing to all parties involved, Judge Kinney and Mr. Glasgow are unnecessarily attempting to block the release of information which causes them no harm or inconvenience, but greatly affects my ability to protect my safety and dignity," Konicki said in the statement. "Given the inherent conflicts of a state's attorney and a judge teaming up before a fellow Judge to request a lockdown of public records and government employee testimony, my attorney may move to have this case transferred to another County."

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anonymous September 30, 2013 at 06:01 PM
rich October 02, 2013 at 12:00 AM
If these pictures exist, someone please destroy them. We have heard enough about this.


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