The City of Peoria will be defending Council Member Barbara Van Auken against the lawsuit that was filed by the Sigma Nu fraternity against her, District 4 County Board Representative Andrew Rand, and City Historic Preservation Commissioner Sid Ruckriegel. City attorney Randy Ray confirmed late today, “We will be filing a pleading on her [Van Auken’s] behalf and defending her.”
I’m so glad my tax dollars are going toward this. I assume this means our budget crisis is over and the City is operating in the black again.
Incidentally, it looks like Rand and Ruckriegel aren’t so lucky as to have their respective municipalities pick up their legal expenses. They have reportedly retained Tim Bertschy with Heyl, Royster, Voelker & Allen, P.C.
This is still news? Look boys…it’s over…get back to class!
She traipses over there on her own, drunk, and we get to defend her? Doesn’t she know a good lawyer who will give her a discount?
I hope this doesn’t set a precedent for defending public employees who can’t hold their liquor.
No offense, MAWB, but I hope for her sake “you” don’t get to defend her! LMAO
As much as I respect BAV, this is not a City matter, it was personal. The fraternity girls will go away now that the election is over and she really won’t need much counseling!
Wow. I would like to think it’s like this in every city, but I really have my doubts.
Isn’t Barbara a lawyer?
Themis, if I could defend her, I would. I like her! That Bradley brat has made a mountain out of a molehill with daddy’s money. Is he going to be able to put this on his resume?” I acted like an ass in Peoria and then became a bigger ass!”
I just don’t like that my tax dollars are going to defend her!
He graduates in May.
I applaud Ms. Van Auken for her doing her duty when the Bradley police failed to do theirs. I hope the next time the lads at the fraternity want to serenade the neighbors with their fine musical choices, the rest of the city council joins Barb in visiting the boys.
Paul O’Donnell. How do you know Bradley Police failed to do their jobs? Were you there? She is a counselwoman not a police officer. Even if she had some authority as a counselwoman, she should have not have done it when she was obviously intoxicated. She’s luck she didn’t go to jail for assaulting a police officer after she poked the Bradley officer.
If you don’t want a little bit of noise then DON’T MOVE NEXT TO A UNIVERSITY!!
Ben,
1. Do you think Barb et al made up the noise allegation? Poor, persecuted frat boys!
2. I don’t have to be there. My councilperson represents my interests…..just as the Bradley police represents the interest of the university in making sure the money tree doesn’t get rocked. Mom and Dad might not keep up with the tuition if junior gets an arrest record.
3. I don’t know that she was drunk and don’t care. If it would inspire more government servants to better represent the taxpayers, I hope we start issuing a rum ration to the council.
4.No ‘assault’ charges were filed because no ‘assault’ happened. Luck had nothing to do with it.
5.Why does your accepted noise level preempt mine and the city’s?
Paul… you are 100% correct!
Paul: ” don’t know that she was drunk and don’t care. If it would inspire more government servants to better represent the taxpayers, I hope we start issuing a rum ration to the council.”
Yep, that is what is wrong with Moss-Bradley. Narrow thinking on some. Let’s all get drunk and burn down some frat houses.
Paul: “No ‘assault’ charges were filed because no ‘assault’ happened. Luck had nothing to do with it.”
The police report states indeed an assualt happened. Luck had everything to do with it. BVA’s good friend, a LT on the PPD, let her off, against many of the officers wishes. Luck? Yep.
Paul why don’t you and your freinds get a check together and mail it to her defense fund and spare us some expense? Also, have a few drinks with your friends and get BVA with ya and come and knock on the door of one of our loud crack houses. If this works, then I’ll drink with ya.
Paul,
1. Barbara’s judgment would be more believable and defensible if she hadn’t been intoxicated.
2. If I have to choose between a sober police officer and an intoxicated council person, I’m going to believe the former.
3. I like the allusion to Lincoln’s famous defense of Grant. The only difference is, Grant was successful. In case you’ve forgotten, Barbara lost. The city admitted they couldn’t prove their case that there was a noise violation.
4. You can’t have it both ways. If lack of charges means no assault happened, then lack of charges means no noise violation took place either.
5. I agree with you on this one.
C.J.,
1. There is no proof that Barb was drunk.
2. The provocation had been removed before the police-drunk or sober-ever arrived:the kids turned down the stereo.
3. Barb didn’t lose; the noise level dropped because of her visit. She achieved her objective. If the taxpayers incur additional expense it’s because the fraternity, with a huge assist from Bradley, believes they are above the law and hired lawyers instead of acting like men and apologizing.
4. With no proof, I would bet a noise violation did occur and an assault did not. I would take the word of the adults over the children.
5.Emtronics, any of my tax money that goes to BVA’s defense will be better spent than the Build the Block tax, that BVA supported.
Paul,
1. There is no proof that there was a noise violation.
2. See number 1.
3. See number 1.
4. The Bradley police are adults.
5. Tax money that goes to BVA’s defense will be just as foolishly spent as the Build the Block tax that BVA supported.
Can we get one thing straight? (And, for the record, I neither think what BVA did was a good idea nor do I think the city should be defending her.) The police reports say that she poked a cop in the shoulder. But she poked a Bradley cop, not a Peoria Police officer. Now, I don’t think you should poke any cop just for sanity reasons, but wouldn’t it be up to the Bradley officer to arrest her for assault, or at least file a complaint? The Peoria Lt. didn’t witness the poke (it would seem) and isn’t really in a position to make the arrest if the Bradley cop didn’t want it to happen. If you poke me in the shoulder, and I don’t want to press charges, no one is going to arrest me.
So let’s not go around saying that Van Auken got off for assaulting a police officer. Bradley PD are sworn officers and have full powers of arrest. Now, they might be scared of her or just didn’t want to bother, but it wasn’t up to PPD to make an arrest when there is no complainant.
“1. There is no proof that there was a noise violation.”
Yeah.. the neighbor who called Rand’s place just made it up. Oh wait.. there were over 50!!! violations leading up to this. FIFTY. This isn’t just a bad night… this a chronic situation over many weeks that demands a solution. This isn’t an act of misunderstanding but a deliberate effort on the part of the fraternity to thumb their nose at the law and their neighbors. Whether BVA was drunk or not frankly isn’t very materially relevant IMO. The issue is a fundamental breakdown, by accident or design, in the keeping of the peace, leading to a serious quality of life issue. If I were a student living next to these guys I would be pissed at them too.
So, Mahkno, that sounds like a combination of “guilt by association” (not all 50 violations were at the Sigma Nu fraternity) and “guilty until proven innocent” (there is an objective standard for noise violations — it is conceivable that a neighbor could complain about a level of noise that isn’t illegal).
# Ben17 Apr 2009
If you don’t want a little bit of noise then DON’T MOVE NEXT TO A UNIVERSITY!!
So UNIVERSITY students don’t have to abide by the law? If your neighbors in the Knolls or Trail’s Edge (or whatever it’s called) turn up the volume that’s different I suppose? You would have the fuzz out there in a minute. But those of us living by college students just need to “deal?”
OK, I think I get it.
CJ,
I believe those 50+ violations that were cited in the papers, were specifically with regards to Sigma Nu and not other houses along Greek row. Further, the frequency and number of those citation far outpaced any problems with other student residences in the area.
can doubters admit the possibility that, whatever the number of citations: 1) there was no violation on the night in question; and 2) a high number of citations has as much to do with the fact that sigma nu is on the edge of greek row as is does with actual noise, ie, other houses have mostly student neighbors who are either more tolerant or hard of hearing (depending on your point of view)?
I can admit that possibility… I can also admit the possibility that Bradley University actually cares ( as a priority) whether their students learn anything at all. I can admit the possibility that profit is not the main concern of the trustees, with the reputation of the institution next in line… Bradley hasn’t done well in that last department lately… murder, manslaughter, underage drinking, athletes beating up their girlfriends… now that I am listing these it occurs to me… ALL of these were alcohol/drug related. I wonder how many sexual assaults go unreported on Bradley’s campus? If the number really is zero, they would be the only college coeducational campus in the country without any.
mahkno: if SigNu really had 50 complaints… giggle… Bradley would have done something about it… probation or… giggle… double secret probation.
“Now, I don’t think you should poke any cop”
hey.. if a cop needs a poke..I’m gonna give him one… if he needs a hug, I’ll give him one of those too.
Come on.. these are cops… Bradley cops at that. Lets not get all hysterical about a 5 foot something woman putting her finger on a 6 foot something man, armed and probably dangerous.
Mahkno — I FOIA’d a list of violations at Sigma Nu and it wasn’t 50 by a long shot.
40?
I’m not sure what has made today so special, but kcdad is actually amusing me this morning.
kcdad: So are you communicating that it is okay for BVA to poke anyone she wants to poke with or without their permission? Any type of personal boundary issue at stake? Thx.
the BU officer that BVA poked was a female officer btw, not a “6 foot something man, armed and probably dangerous.”
Poking? yes. Poking is not kicking or punching… poking is touching. It is pointing real close to someone… did she poke him in the eye or in the ribs as to hurt him? No. She was gesturing, making an emphatic gesture and probably was “prodding” him to “go do your job, you Bradley University lackey”.
I bet she didn’t even leave a wrinkle, let alone a bruise or a bloody gaping wound.
Want a hear a great story…? NO? anyway…
I was driving my daughter home from school in Las Vegas and she started getting one of those adolescent “out of the blue” bloody noses, and I quickly changed lanes SAFELY to exit the highway so I could attend to her. A cop came after me for improper lane changes and as he approached the car, I had taken off my seatbelt and was helping my daughter with her bloody face. The cop got all upset and started speaking directly to my 13 year old daughter … is everything ok, are you hurt? That kind of thing. When he found out that it was just a bloody nose, he accused me of not wearing my seat belt. I explained that I took it off AFTER I pulled over in order to attend to my daughter. He then accused me of reckless driving, by changing lanes so quickly, even though I had used my signal and looked to be sure the way way clear.. I had crossed 2 lanes of traffic… I started to get out of the car to talk to him out of earshot of my daughter… he ordered me to stay in my seat. I smiled, stuck my hands out of the window and told him I was getting out my car. I then got out and spoke to him… not as driver and traffic cop, but human being to human being. i said, I understand your concern and I appreciate you being aware of the possibilities that my daughter might be in danger. (Abuse, kidnapping, etc) HERE is my identification, here is hers. He decided to let us go on our way, I offered my hand to him, shook his hand, slapped him on the shoulder, said thanks and left.
Cops are people too. Sometimes they forget that and need a reminder. (Especially cops who have no real authority or respect)
Dr Thompson.. how tall was “she”?
Karrie… ask anyone who knows me… on any given day you might poked, prodded, hugged or winked at around me.
and kcdad, i see regular citizens arrested and prosecuted everyday for actions far less egregious than ‘poking’ a police officer. go down to the courthouse and rummage thru the book of misdemeanor charges and see for yourself.
i am not saying the ‘poking’ was a huge transgression – i merely find the unequal application of the law very troubling and an example of why many feel singled out by police for different (and more severe) treatment and believe there is a different justice for the wealthy and connected.
her height is not in the reports. i’ve met and spoken with the BU officer and i would estimate her at about 5’4″.
Yeah so what? I see people arrested for being the wrong color, the wrong age, the wrong nationality the wrong anything….
the problem is not the “poke”… that egregious act of assault against another human being.
The problem is that some cops think they are ABOVE being human. They think they are the badge, or the gun or the law. (Usually only when they want to think that way)
IN that case, instead of poking her, BVA should patted her on the head.
i don’t believe BVA is much taller than the officer; 5’4″ might be a short estimate by me, but a pat on the head would have been preferable.
kcdad, so you do not find it troubling that wealthy, connected people are given more leniency than those less fortunate? i understand it is a reality but it is a reality that i would like to and actually work to change.
Yes… which is which in this case? The offspring of wealthy anglo saxons or the elected representative of wealthy anglo saxons?
in fairness, in this case, both sides have been shown leniency, breaks and a different justice than many receive. if this had been a concerned neighbor and a racous house party in the south side, everyone would’ve ended up at the maxwell hotel. however, i think BVA got the slightly better version of justice here in that sig nu got a citation and BVA did not; thanks in no small part that as councilperson she makes financial decisions effecting the PPD, has long term familiarity with upper level police, city officials and BU officials. do not underestimate having the power, influence and machinery of the city and state on your side – money is not everything (though it does help). And i will remind you again that the attorneys for sig nu have received no compensation in the matter, so if sig nu has daddy’s money, they’re keeping it to themselves. I imagine the police (and BVA and BU for that matter) were hoping sig nu would just pay the ticket and the whole matter would be quietly swept under the rug.
Of course they have received no compensation, they are Sig Nus themselves… they are protecting their own.
none of the attorneys are sig nu’s. do you just make things up?
No, no, he has a crystal ball — didn’t you see the picture I posted? 🙂
Yes, I do make some leaps of faith, and conclusion jumping. Sometimes, the facts get in the way of truth… I wonder why I thought so? Anyway… here is Bradley’s interest…
Renaissance Circle Society
Individual Charter Members as of April 2008
Nicholas ’67 and Nancy Owens
$1 million for the Athletic Performance Center
Nicholas R. Owens graduated from Bradley in 1967 with a bachelor’s degree in business management and administration. He worked his way through school, beginning a long and successful career with Keystone Steel & Wire in 1962. He became vice president of manufacturing in 1979 and president in 1982. He became COO of Keystone Consolidated Industries in Dallas in 1985, also serving on the board of directors until 1988.
In 1989, Mr. Owens purchased Electrical Specialties, an electrical cable and wire harness company, from Kiefer Electrical Supply Co. He led this Bartonville company through years of steady growth until he sold it to Trans Technology Electronics Inc. of Peoria in 1993.
He was named president of L.R. Nelson Corporation in 1992. Mr. Owens had already served several years as a director for L.R. Nelson at the time of his appointment. He retired from that position in 1996. Later that year, he became the first non-family member to serve as chairman and CEO of Hagerty Brothers Co. Nick and his wife, Nancy, divide their time between Florida and Illinois. Their son, Nicholas Eric Owens, graduated from Bradley in 2001 with a degree in political science.
I think it was this guy who is also a charter member with a 1 million dollar donation:
Michael Romano graduated with a bachelor’s degree in history in 1973. While on campus, he was a member of Sigma Nu Fraternity and played hockey with the BU Hockey Club.
His Sigma Nu membership connection somehow tied it all together in my mind… You have to understand that when you Google information, sometimes they result combines several parts of thesite into a synopsis.
BTW… Nicholas E. Owens coordinates the Estate Planning division of Hall, Owens & Wickenhauser, L.L.C….
http://www.howlawfirm.com/how/attorneys.html
You tell me… what is their interest or expertise in this case, or better yet, the litigants’ interest in them?
that’s a huge leap – this romano has 0 to do with anything. yes, nick’s father is a BU alum as is he, and nick sr. is a large donor to BU; however, i can tell you BU would also like this to quietly go away.
the firm’s interest in this case is justice – too long BU students have been given flimsy citations and just knuckled under and paid them, contributing huge sums of money into city coffers, and prompting the police to continue to issue more and costlier citations, believing students to be the stereotype oft repeated here-lazy, drunk, stupid and quick to spend parents money on ordinance violations. however, many do not fit that mold.
Hall, Owens & Wickenhauser regularly speaks at BU fraternities and sororities (as well as to other groups) regarding relevant legal issues. the firm was approached and agreed to take the case pro bono. that’s it. sig nu doesnt have the money to pursue this (despite whatever fantastical notions people may have) and most peoria attorneys either refuse to do pro bono work, refuse pro bono work that might get messy or refuse to speak out against the established order (without the possibility of a big payday – which is unlikely here).
there’s no huge conspiracy to uncover.
and thanks, kcdad, for revealing your thorough research methods (googling) and your admission that you refuse to let reality encumber your beliefs. i would like to get a timeshare in such a fantasy world where i am never wrong. what’s the phone or website, kcdad and how much did your permanent residence there cost? i’m in the market.
No cost. It takes a lot of effort to ignore the “facts” from The US government, Fox, CNN, PJStar, and other invested (sic) interests.
Public information is a much better source for truth than “authorities”… unless the authorities can be objective.
relevant legal issues… like their specialty of defending people arrested for attending underage drinking parties?
This is incredibly discouraging, but hey, isn’t that what blogs are all about? I mean, tired kept husbands who don’t go out into the real world to do anything to make it better…armchair quarterbacks who ignore facts to support their theories, and then there are those of the entitlement attitude who don’t really care about anyone else as long as they get what they wish….welfare mentality for the rich and famous is what I like to call it. The incident is documented in the police reports. The testimony will be from sworn officers. Perhaps video tapes will be allowed, or not, but I would also bet that the dispatch tapes, which the Journal Star has sat on since the beginning of this mess and the city is suddenly making it difficult to FOIA will be the true star witness.
AH, he must be in on the lawsuit as having been accused of by “friends” in the W. Bluff. No…he says…20 years experience with the courts as part my regular job duties….
Was there noise that night…three police check ups say no…but living in a neighborhood where thugs (not students) turn down tunes when a dispatch call goes out…so a possiblity…but unless someone was willing to sign a ticket and testify in court about it, then there is little the police can do.
Was the public official intocxicated…police reports indicate behavioral observations which lay ground work. testimony of police officers, admission of at least consuming some alcohol and the few seconds of tape which lead a resonable person to make a reasonable conclusion that the defendant was under the influence.
Then we have the poking. It is irrelevant what anyone thinks about whether or not the behavior was justified. It matters what the law will say. Poking a police officer is a felony. If you don’t like it, write your state legislator and have the law changed. It is documented in police reports, was there an admission? I would guess (I don’t remember).
Was there trespassing. Again, documentation and admission, perhaps video.
I could go on and on and on….This is a civil suit. The burden of proof is I believe the preponderance of the evidence. In other words is it more likely than not that petition is true. It is not going to be difficult to prove given the direct evidence already available in the public domain.
Now, as tax payers we are going to have to foot the bill for an extremely poor decision, made under the influence, and has excalated poor relationships through the district and certainly city wide as people are not happy about having to foot the bill for this continued nonsense. This was not an appropriate way for an elected official to handle a problem… and to those who believe the end justifies the means, you may be on the recieving end of that little piece of logic someday as criminal utilize it all the time, so be careful on whose rights you want to tromp on to get what you believe you are entitled to along the way.
This situation is caused by a series of problems BOTH with the students and the neighbors. There are those who are quite content to let it rage as feeds some need for percieved power, instead of working towards a solution where both groups can live in peace.