Wednesday, December 14, 2005
Leona Nelson Lawyerless in Fight with Crystal Lake Park District
The first time around, Judge Michael Sullivan threw her case out.
She appealed and won in appellate court which said she had a right to a trial and that she had lost something, contrary to the park district attorney’s argument. This made new law in Illinois.
This fall her attorney apparently agreed to a bench trial before Judge Sullivan, the judge who threw her case out of court the first time around.
Nelson thought she might have a better chance before a jury.
Then, her attorney apparently cut a deal with the organization providing liability coverage for Crystal Lake Park District.
Nelson balked.
Nelson had previously turned down $5,000 settlement offer, pointing out that much more than that had been spent in attorney’s fees on the park district’s behalf. The decision said she had a right to a trial and that she had lost something, contrary to the park district attorney’s argument. This made new law in Illinois. She also objected strenuously to the agreement’s confidentiality provision.
Today, Nelson’s attorney appeared in court to announce he was withdrawing and that “Mrs. Nelson is proceeding pro se,” that is, going to represent herself.
Picture the two over six foot attorneys flanking 5 foot, one inch, Nelson. It looked like the letter “M” standing before the judge.
After Nelson’s attorney announced he was withdrawing his legal representation, the park district’s attorney said he was going to file another motion to dismiss the case.
When Nelson tried to put in her two cents, Judge Sullivan pointed out, “At this time there is nothing before the court.
“We don’t discuss things. We rule on a specific topic.”
He explained that her opponents were going to file a motion. “You have 21 days to get an attorney.”
It seems that the park district is planning to file a motion to enforce the settlement agreement that Nelson objects to.
“The issue will be if something happens to eliminate the trial or we will proceed to trial,” the judge said.
Finally allowed to speak, Nelson said, “I did not release Mr. (Michael) Coppedge. I understand he wanted out, but I did not release Mr. Coppedge.
“We’re just not singing from the same book. I would like to have my opportunity (in court). Mr. Coppedge has released himself. I did not release him.”
“If she wants to take that position, let’s set it for hearing,” Coppedge said. He added that he will have “a written motion…on file by the end of the year.”
Judge Sullivan decided the next hearing will be on Tuesday, January 17th.
After the hearing, outside the courtroom, reporters from the Daily and Northwest Heralds interviewed Nelson.
Nelson’s advice to those younger is that one’s education is never over.
“At the age of 87, I’m having a big education,” she said.
“I’ll live it up to the judge. I’d love a trial.
“I’ve never signed anything to release him,” Nelson added.
To return to McHenry County Blog, click here.
