Pubdate: Thu, 12 Jun 2008
Source: Macomb Journal (IL)
Copyright: 2008 GateHouse Media, Inc.
Contact:  http://www.macombjournal.com/
Details: http://www.mapinc.org/media/4787
Author: Bruce Rushton

STATE POLICE SAY CLERK WAS TIPPED OFF TO DRUG SURVEILLANCE

SPRINGFIELD, Ill. - An Illinois State Police special agent is under
investigation for allegedly warning Sangamon County Clerk Joe Aiello to
stay away from a cocaine dealer's house that was under surveillance.

The agent, Robert M. Jennings, is now facing discipline from the Illinois
State Police Merit Board. Aiello, invoking the Fifth Amendment, declined
to testify during a board hearing on the matter April 9.

On Monday, State Police Director Larry Trent filed a petition in Sangamon
County Circuit Court asking a judge to order Aiello to testify.

In court paperwork, Trent said that Aiello, who has not been charged with
a crime, was under criminal investigation in the fall of 2005 and that
Jennings warned him to stay away from the home of Gerald Vondebur, who was
under surveillance by state police and the federal Drug Enforcement
Administration. Trent also said that Jennings told internal affairs
investigators that Aiello had used drugs "for several years" and "dabbled
in it quite a bit."

Aiello declined comment Wednesday, as he has since his name surfaced two
years ago in connection with the investigation of a cocaine ring that sent
nine people to prison, including Vondebur, who pleaded guilty to
trafficking more than five kilograms of cocaine.

In February, Charles Zalar, a special prosecutor assigned to the case,
announced that no charges would be filed against Aiello and five others
whose alleged involvement in the ring was reviewed.

In an interview Wednesday, Aiello would not answer when asked whether he
has used illegal drugs.

"I'm not at liberty to say," said Aiello, who makes $98,000 a year and was
unopposed when he won re-election in 2006. He has served as county clerk
since 1993.

Aiello also would not say why he had declined to testify during Jennings'
disciplinary hearing.

"I cannot discuss that issue," he said.

Aiello wouldn't say why he couldn't discuss his refusal to testify or why
he isn't free to say whether he has used drugs. Federal authorities have
granted him immunity, and state prosecutors have said no charges are
planned. Aiello has already given information to state police
internal-affairs investigators, thereby waiving any Fifth Amendment
rights, Trent says in court documents.

"Aiello is in no real danger of incrimination of a crime if he is
compelled to answer the questions ... because the answers will in no way
implicate Aiello in a crime," assistant state attorney Amy Gerloff wrote
in Trent's petition seeking a court order compelling the county clerk's
testimony.

The documents filed in court Tuesday present the clearest picture to date
of Aiello's alleged involvement with drugs in a case that has forced two
assistant state's attorneys to resign after admitting they had used
cocaine. Both have been suspended from the bar. John Maurer, an attorney
who worked as a part-time public defender, was disbarred after admitting
he'd used cocaine and sold investigative documents to a dealer.

In his complaint filed with the police merit board, Trent said that
Jennings, a longtime friend of Aiello, learned that Vondebur was under
investigation in the fall of 2005 and told the county clerk to stay away
from the dealer's home. The compaint also said that Jennings, 49,
repeatedly asked investigators whether Aiello had been seen at Vondebur's
home, continued socializing with the county clerk after finding out Aiello
was on surveillance videotapes and wiretaps and alerted Aiello prior to
the service of a search warrant. "It is possible that his (Jennings')
actions may have obstructed the federal investigation in that the Oct. 28,
2005, search of Vondebur's residence yielded only cocaine residue," Trent
said in the merit board complaint.

The merit board, which has the power to discipline state police employees,
is considering five charges against Jennings that are rooted in his
association with Aiello. Charges include disclosure of confidential
information, associating with a person under investigation, conflict of
interest, interference with other investigations and conduct unbecoming an
officer.

Guy Studach, Jennings' attorney, declined comment because the case against
his client is pending.

Jennings, who is paid $85,129 a year, had a chance to earn overtime by
helping with surveillance in the case against Vondebur, but he declined,
according to Trent's merit board complaint.

"Respondent (Jennings) was apprised of the nature of the investigation but
did not volunteer to work ... and indicated he knew too many people who
were involved in drug investigations, had grown up in the area, and that
'Springfield was too small of a town,'" Trent said.