Ex-McHenry cop's attempt to seal theft conviction denied; says he can't get a job - Shaw Local

ragamnyakabar.blogspot.com

A 45-year-old former police officer for the city of McHenry, who was convicted in 2012 of stealing thousands of dollars in seized drug money from the department’s evidence room, has been denied in his attempt to have his criminal record sealed.

Dale Hojnacki, an 11-year veteran with the department, entered a negotiated plea in 2013 of guilty to theft under $10,000 and official misconduct between 2010 and 2011.

He was sentenced to six months in McHenry County jail, two years of felony probation and drug addiction treatment. He also was required to pay a total amount of $8,556.88 in restitution, this includes $3,706.88 for the money he admitted to taking from the evidence bags and $4,850 the department paid for an independent audit that resulted.

In a taped confession with McHenry Police Hojnacki also admitted to stealing pain pills and marijuana from the seized evidence. In exchange for his plea, he was not convicted for stealing the drugs.

Had he gone to trial and been convicted on all the charges he could have been in prison for up to five years.

Hojnacki attributed his crimes to a problem with addictions and said he never meant for his actions to go so far and always planned to repay what he stole, according to testimony at the time of his sentencing in 2013.

During a recorded interview, Hojnacki said he took keys to the police evidence room, cut evidence bags with a razor blade along the integrity tape, then placed another layer of tape on top. In one instance, he replaced the money with photocopied $20 bills, according to testimony.

On Wednesday, Hojnacki told McHenry County Judge Michael Coppedge he has been unable to secure employment because each time he is close to being hired the would-be employer searches his background and discovers his conviction.

He said for about eight years he worked in a machine shop owned by a family friend, but he lost that job because of the COVID-19 pandemic shut downs.

He said he lives with his father whom he depends on for money. He has applied for “two or three dozen jobs” since losing his job, many at golf clubs to work as a golf pro.

Assistant State’s Attorney Kyle Bruett argued against Hojnacki’s record being sealed, saying that as a police officer Hojnacki took an oath and is held to a hire standard. He emphasized the importance of complete transparency when it comes to police officers which “can’t be reached by sealing this case.”

“He betrayed the public’s trust,” Bruett said adding that the theft was done as part of an ongoing plan.

Hojnacki’s attorney Philip Nathe said the former officer has had no other criminal history after his conviction. He only wants to work, establish gainful employment and be a taxpaying member of society. There are ”elected officials” who have committed similar crimes and have been granted their records sealed, he said.

Coppedge said the act of expunging or sealing criminal records for some crimes is “generally routine.” But, the judge said, “This this case is an exception.”

McHenry Deputy Police Chief Thomas Walsh, who was in court Wednesday, said he is against the sealing of Hojnacki’s case. It is important to keep the file open as a “deterrent” to other police officers.

“Hojnacki held a public office at the time of his crimes, the public should always have the right to know,” Walsh said.

In denying the petition Coppedge said it did not appear that Hojnacki had applied for enough jobs to prove he cannot secure employment.

McHenry Police Chief John Birk said Thursday he also is not in support of the record being sealed and agrees with the judge’s denial.

“The McHenry Police Department has always believed in transparency and sealing this file would go against this,” Birk said. “Police officers are, and should be, held to the highest of standards. The public has the right to see our successes and also our missteps. This is how we foster and maintain trust with those we serve.”

Adblock test (Why?)

"seal" - Google News
March 19, 2022 at 10:08PM
https://ift.tt/cz1ZTYe

Ex-McHenry cop's attempt to seal theft conviction denied; says he can't get a job - Shaw Local
"seal" - Google News
https://ift.tt/KPH2ORo
https://ift.tt/L9OQ2uo