Tuesday, March 6, 2007 10:47 PM CST
U.S. Attorney calls bid for Cochonour probe ‘troublesome’
By NATHANIEL WEST, Staff Writer
nwest@jg-tc.com
TOLEDO -- The district U.S. Attorney chastised a Naperville civil attorney for asking federal prosecutors to consider new forgery charges against former judge Robert Cochonour.
Attorney Fred Roth, who represents the estate of deceased Greenup businesswoman Martha Hayden, wrote a memorandum last month to federal, state and county prosecutors urging an investigation into what Roth claims is evidence Cochonour forged Hayden’s signature on almost a half-dozen financial documents.
“This office has received your memorandum of Feb. 21, in which you requested this office to file criminal charges related to conduct which is the subject of a civil suit in which you represent a party,” wrote Randy G. Massey, acting U.S. Attorney for the Southern District of Illinois.
“There are no circumstances under which this office would either consider or bring a criminal prosecution for the purpose of assisting a party in a civil proceeding. Such conduct would be entirely inappropriate and unethical.”
Cochonour, Cumberland County’s resident judge during the 1990s, has already served time in state prison for stealing from the estate of Hayden’s late son, Jay. The ex-judge also was acquitted in December 2005 of forging Martha Hayden’s signature on bank loan papers.
The Martha Hayden estate filed a lawsuit in Cumberland County last week against Public Defender John Cutright, alleging Cutright failed in his legal responsibilities as an attorney when he helped prepare Hayden’s will -- which forgave all debts owed to her by the Cochonour family -- while simultaneously serving as public defender under Cochonour.
That lawsuit includes reports by forensic handwriting expert and former Secret Service agent Steve Cain.
Cain wrote he believes Hayden’s signature was forged on a variety of documents, including a check that was deposited into a Cochonour account, as well as certificates of deposit that were cashed in to help pay off a Cochonour family debt.
Chicago attorney Rick Halprin, former lead counsel for Cochonour, said it was “absurd” for Cain to claim the “preponderance of evidence” indicated Cochonour signed Hayden’s name on those documents.
“Judges make those decisions, not handwriting experts,” said Halprin, who noted he has worked with Cain on prior occasion.
“No legitimate handwriting expert would ever phrase anything in those terms,” Halprin said.
In his Feb. 28 letter to Roth, Massey wrote, “The fact that you tie your request for prosecution with references to and documents from your civil suit is troublesome.
“As with any other citizen, however, if you believe that a federal criminal statute has been violated, you should make a report to the FBI and cooperate with any investigation.”
Roth said he will follow Massey’s recommendation to contact the FBI. “I think as a citizen, I have to,” said Roth.
Officials with the Illinois Attorney General’s Office and the Cumberland County State’s Attorney’s Office said they are reviewing the allegations in Roth’s civil complaint.
Roth said he does not know the reasons for Massey’s decision. “I guess he’s a little tied up, a little busy,” said Roth.
Cochonour, who was paroled in the fall of 2005, could not be reached for comment.
Cutright, who is also being prosecuted by the Illinois Attorney Registration and Disciplinary Commission for his alleged involvement in the Cochonour scandal, declined to speak with the newspaper.
Contact Nathaniel West at nwest@jg-tc.com or 238-6860.
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