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Saturday, February 9, 2008 1:17 AM CST
Roth: Cochonours violated deal; Cutright alleges unspecified threats



TOLEDO — An effort is underway in Cumberland County to remove disgraced ex-judge Robert Cochonour and his brothers from bankruptcy protection, following what an attorney said is a breach of a hard-fought deal in federal court.

The arrangement in bankruptcy court allowed for the sale of hundreds of acres of Cochonour family farmland and residences so former Cumberland County judge, who served time in prison for theft, and brothers Joe and Don Cochonour could begin to pay back those to whom they owe money.

These creditors include deceased Greenup businessman Jay Hayden’s estate, which Cochonour previously admitted plundering, as well as the estates of Hayden’s late mother, Martha, and retired Clark County schoolteacher R. Maurine Johnson.

Cochonour has admitted to controlling the monetary affairs of Martha Hayden, who died in 2001, and he allegedly was involved in Johnson’s finances as well.

Meanwhile, the attorney representing the Cochonour brothers’ mother, 96-year-old Ruth Cochonour, alleged the Cochonours made unspecified threats against him for trying to resign as their mother’s counsel.

“They threatened me in my office,” former Cumberland County Public Defender John Cutright said in court Friday. “In my opinion, I can’t represent her.”

Ruth Cochonour currently is executor for the estate of her late husband, Clark Cochonour, although Naperville attorney Fred Roth — representing Jay Hayden’s charitable foundation along with the estates of Martha Hayden and Johnson — is asking that Ruth Cochonour be replaced.

Roth argued Friday that a $300,000 home belonging to the estate of Clark Cochonour, father of the three Cochonour brothers, was deeded over improperly to Joe Cochonour. Roth said Cutright prepared the new deed.

The residence in Casey was not listed among the brothers’ assets during bankruptcy court proceedings, Roth alleged.

“They transferred a very valuable asset out of the estate of Clark Cochonour to a beneficiary, and Mr. Cutright was involved in that transaction,” said Roth.

Cutright said, “I don’t know of any order prohibiting the distribution of property.”

Roth said papers were filed Friday in federal bankruptcy court requesting the go-ahead to resurrect Cochonour as a defendant in four multimillion-dollar lawsuits and possibly add Joe and Don Cochonour as co-defendants.

The Cochonours currently are precluded from these lawsuits under the terms of the bankruptcy agreement brokered in 2006.

Judge John Greanias of Decatur on Friday approved Roth’s motions to temporarily halt the quartet of lawsuits, pending a decision by a federal bankruptcy judge as to whether the Cochonours can be brought into these lawsuits.

Should the call go in Roth’s favor, Greanias also approved the addition of the three Cochonour brothers to each of the four lawsuits.

Greanias told Cutright that, for the time being, he must continue to be Ruth Cochonour’s attorney.

“Unless something else comes up I expect you, Mr. Cutright, to represent her,” Greanias said.

Contact Nathaniel West at nwest@jg-tc.com or 238-6860.


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Early Bird wrote on Feb 9, 2008 5:11 AM:

" Several comments have been made lately claiming one of the candidates running for states attorney in Coles county has had business connections with the former judge Cochonour, of Cumberland county. If these stories are true, the voters of Coles county should know about it. One would think that the local paper would have a moral investigation to look into this. This should be looked into, and if the the stories are merely rumors, that should be also noted. If the paper won't look into this, perhaps one of those making these claims would care to come onto this site and elaborate the details of this supposed business connection. "

attainedage wrote on Feb 10, 2008 5:14 AM:

" What the heck is a 'moral investigation'? Sounds like something a church council might do. I'll bet you meant to say 'moral obligation'. But, EB, if that's what you meant, here's a clue for you: newspapers don't deal in issues of morality at all - except to 'report' on them. Now, that being said, if YOU are aware of questionable and illegal 'business connections' a candidate has had, why don't you bring them to light yourself? Otherwise, stfu! We're tired of hearing your gossip. "

Early Bird wrote on Feb 10, 2008 8:34 AM:

" We're tired of hearing your gossip? Are you speaking for everyone now? I guess in your narrow and limited little world, you've never heard of investigative journalism, attainedage? Newspapers do it all the time. Hey, I'm not the one who brought the issue up, I am merely saying that if there is anything to the story, the people of Coles county people have a right to know about it. I guess you don't agree with that, huh? People like yourself never fail to amaze me. You have a real hard time dealing with issues that you don't want to hear about or agree with, don't you? And the stfu comment was about what I would expect from someone like yourself who seems to wants to be the moral authority on here, but is not mature enough to understand that this is an open an open forum, and there will always be a lot of different opinions. It sounds to me like you lack the maturity to deal with this site. Lastly, if my post's are so offensive to you, why are you reading them? Let me help you out there, attainedage, if you see my name on a message, merely skip right over it, and you won't have to get yourself so worked up. It's as simple as that. "

The Question wrote on Feb 10, 2008 10:16 AM:

" Bird may be right, and this kind of investigation is EXACTLY what a newspaper should be doing. "

Dohbaugh wrote on Feb 10, 2008 12:23 PM:

" Trying to have a reasonable conversation with closed minded people, such as attainedage, is wasting time, EB. From what I have seen from his posts in the past, he is about the most narrow minded poster on here. But don't worry, if he gets proven wrong about anything, he will run off and hide for days at a time, only to return after he gets his courage up, and will continue to amuse us with his blustering bull. I think he waits for anything that has been said about him to get removed from this site. I doubt if he understands the process of searching through the archives, which is really rather easy to do. "

85CHSGrad wrote on Feb 10, 2008 2:54 PM:

" google this;

"People v. Steidl, No. 80341 Komada"

Just to get the Party started. Why wouldn't he excuse himself from the case?
"

attainedage wrote on Feb 10, 2008 3:55 PM:

" You just don't get it, do you EB? You're the one who wrote that we need a 'moral investigation'. I guess that means an investigation that's, uh, what, 'intrinsically moral'? Why is it so hard for you to admit that you used the wrong word, EB? 'Investigative journalism' has absolutely nothing to do with 'moral investigations'. Come on now, admit it. You meant to say 'moral obligation', right? And not 'moral investigation'. Man-oh-man, chill - or, LOL, stfu. :) // Yes, EB, this is an open forum but, hey, that doesn't mean it's 'above board', does it? Why can't you accept someone else's opinion as perhaps equal to your own? Do you have a little problem accepting criticism? Hmmm, seems odd for someone who considers himself a 'counselor'. I've heard that toking those smelly wrinkled little cigarettes can make you paranoid. Is that what's going on here? EB, shame on you. "

racerchick wrote on Feb 10, 2008 4:01 PM:

" One would think that the local paper would have a moral investigation to look into this.
Precisely, one would think that, but it seems to me that the media is a little biased as to this campaign. I had posted a comment about how the letters and stories on Komada had been running on this site for so long and the letters sent in by Deters supporters were only up a couple of days, but amazingly, that post never made it up because that letter went into the archives. And yes Komada is tied into the Cochonour case, I know it has something to do with an oil lease, but I am not certain on all of the details. I will be sure to look into it though.
"

Harry Potter wrote on Feb 10, 2008 4:37 PM:

" Because he's a slug, that's why. "

Harry Potter wrote on Feb 10, 2008 4:46 PM:

" With Deters out of the race, your constant criticism of Ferguson and now this reference to Komada's questionable and inept action of the bench, it's pretty obvious who your supporting here, ChasGrad. I'm sort of curious as to why you just haven't come out and told us that you were supporting Reardon. "

whitedove wrote on Feb 10, 2008 5:05 PM:

" I am not from Coles County but I am froim Cumberland County and have been following the Cochonour case very closely. Yes Komada is linked in the case. Just go to the court house oir the archives and you can find out all the info you want on the case. The JG has a reporter at every court hearing and he has been writing about it for quite some time. if you want the UNBIASED news about it the go to our local newspapers and read all about it. Sorry to bust anyone's bubble if they have Mr komada up on a pedistal but several others besides him from Coles County are tied in to the case. Just do some research and you will learn a lot. "

85CHSGrad wrote on Feb 10, 2008 5:12 PM:

" Or maybe google this,
"Docket No. 84721 Komada"


" had to deal with this trial judge's failure to recuse himself from a capital case involving a post-conviction challenge. In People v. Steidl , 177 Ill. 2d 239 (1997), as here, the judge denied the post-conviction petition without an evidentiary hearing. In that case, however, our court reversed and remanded for an evidentiary hearing before a different judge, holding, inter alia , that the judge should have recused himself from the case because his long-term professional association with defendant's original trial attorney prevented him from making an unbiased assessment of defendant's claim that the attorney was ineffective. Steidl , 177 Ill. 2d at 265-66. The conflict in this case in no less serious than the one we condemned in Steidl . If anything, the compromise in this defendant's due process rights is even more egregious?" "

Dohbaugh wrote on Feb 10, 2008 5:19 PM:

" You gotta admit this is getting interesting. First the boat deal by Komada, and now the Cochonour connection. It much more comes to light, I'm predicting that he will have to drop out of the race for "health" reasons. Thanks for the tip, whitedove, care to share any more details? Looks like old EB's premonition about this guy might have been right all along. "

attainedage wrote on Feb 10, 2008 5:54 PM:

" Dohbaugh, as I remember it, EB's so-called premonition about Komada had NOTHING to do with 'facts'. EB's remarks, if challanged by Komada in a civil suit, could result in a successful lawsuit for defamation of character. EB was alledging immoral behavior on the part of Komada that he couldn't possibly prove in a courtroom to back up his gossip rants on here. // As to Komada's failure to recuse himself, and as to the boat deal, and as to allowing Muller to continue to act as a defense attorney in the Steidl case, now THAT'S interesting stuff! I hope someone on here will pursue this. Maybe 85 CHSGRAD. // Hmmm, maybe Deters should challange those 18 votes after all. None of this matters though. Steve wins in November anyway. "

Dohbaugh wrote on Feb 10, 2008 6:06 PM:

" So tell me attainedage, how in the world would you know that old EB couldn't back up some of his so called "gossip"? Are you that all knowing? Another one of your brilliant assumptions? I've been hearing these rumors for years about his unethical behavior, and I would think that if EB is from Charleston, he might be in the know, as to the basis of some of these stories that have been floating around for years. Interestingly enough, I agree with your prediction that Ferguson will win reelection, hands down. "

attainedage wrote on Feb 10, 2008 7:22 PM:

" "So tell me attainedage, how in the world would you know that old EB couldn't back up some of his so called "gossip"?" // Well, I know EB can't back up his charges because I've asked him to do just that on here numerous times, and he NEVER has. In fact, whenever I've challanged him on his Komada rants, he ignores me. LOL. Imagine that - EB ignoring a challange. :) "

Early Bird wrote on Feb 11, 2008 6:09 AM:

" Thanks for the websites, Todd. "

racerchick wrote on Feb 11, 2008 9:12 AM:

" Attainedage, you said: Dohbaugh, as I remember it, EB's so-called premonition about Komada had NOTHING to do with 'facts'. EB's remarks, if challanged by Komada in a civil suit, could result in a successful lawsuit for defamation of character. //I have done some searching and I have in front of me an Assignment of Oil and Gas Lease filed Feb. 28, 2003 and on it are the names, as owners, Jay Hayden Estate and Paul Komada. Now that is not defamation of character that is the truth. What more would you like? It seems that anything can be traced, there is almost always a paper trail. "

attainedage wrote on Feb 11, 2008 10:43 AM:

" racerchick, we're talking about two separate issues here. If you can post documented facts, I have no quarrel with that. What EB was doing, several weeks ago, was posting nonsense about the man he would never be able to 'prove up'. Pure gossip related to the man being a womanizer, etc. My point with EB was that none of what he was alleging could be documented except for: "Well, everyone knows it's true." Now, if you're presenting documented indisputable facts, that's a different story, and one I'm willing to accept as legitimate. EB wants his posts to be taken seriously, as truth, yet he offers no substantiation. Understand now? What if someone posted "racerchick (but using your real name) is a meth-head and is a home-wrecking lesbian". Wouldn't you want me to challenge that post? I'm just sayin that this site shouldn't be used for character assassination. If it can be documented, fine; otherwise, stfu. "

Todd Reardon wrote on Feb 11, 2008 10:54 AM:

" EB the only website I have is www.toddreardon.com. That is the only website I have. And in all honsety I had to have a computer tech help me with that site. As to googling Komada, I believe that was 85CHSgrad. I must confess that I am 1990 Graduate of Mattoon, High School.

As to Dohbaugh, and Attained Age the only way for Ferguson to win re-election is because of voter apathy, not based on the performance of Ferguson.

As to all who are calling for a suit against early bird, the truth is always a defense to defamation.
Perhaps, Komada should come on here defend against these allegations.

I find it ironic that no other candidate will come to this website and speak the truth to the citizens of Coles County.

I am hoping we can have a true debate about the issues once the Republican Candidate is decided. I would love the opportunity to address public questions and concerns side by side with the other candidates and let the voters decide for themselves who is the best candidate.
I am willing to show up at anytime and any place my rivals would select. The only for democracy is to have open and frank discussions about policies and issues. "

not-again wrote on Feb 11, 2008 10:59 AM:

" Dear Early Bird,
I appreciate the opportunity to point out the facts of Mr. Paul Komada and the less than honorable Bob Cochonour. Ask Mr. Komada about shared Oil, interest way down in Lawrence County, Illinois. Check out Volume 524 page 197 Carlson#1-A Assignment of Oil and Gas lease naming Mary Johnson,Jay Hayden, Paul Komada, Morris Lane Harvey, Triple C oil Producers along with the Cochonour clan. It appears Paul still has an interest in that development. Early Bird why dont we get a copy of Komoda's judicial disclosures and see if it appears in his declaration as a judge. Paul or someone on his behalf needs to answer "

85CHSGrad wrote on Feb 11, 2008 5:31 PM:

" not again said "Paul or someone on his behalf needs to answer."
...There is no excuse for this Komode character. The taxpayers have already wasted enough money on this guy. How much legal time went into these cases below? Money? Somebody please put a price tag on those for me!!

Quoted from The Appellate Court

Docket No. 80341--Agenda 4--March 1997.
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. GORDON "RANDY"
STEIDL, Appellant.
Opinion filed September 18, 1997.
I believe that defendant did make a substantial showing that his constitutional rights were violated. Most significant is defendant's charge that he was denied due process by the trial judge's refusal to recuse himself from the case. Due process requires a judge to recuse himself or herself where actual bias exists (People v. Hall, 157 Ill. 2d 324, 332 (1993)) or where his or her hearing the case would create the appearance of partiality (In re Murchison, 349 U.S. 133, 136, 99 L. Ed. 942, 946, 75 S.Ct. 623, 625 (1955)). Those circumstances were present here.


Docket No. 84721:
" had to deal with this trial judge's failure to recuse himself from a capital case involving a post-conviction challenge. In People v. Steidl , 177 Ill. 2d 239 (1997), as here, the judge denied the post-conviction petition without an evidentiary hearing. In that case, however, our court reversed and remanded for an evidentiary hearing before a different judge, holding, inter alia , that the judge should have recused himself from the case because his long-term professional association with defendant's original trial attorney prevented him from making an unbiased assessment of defendant's claim that the attorney was ineffective. Steidl , 177 Ill. 2d at 265-66. The conflict in this case in no less serious than the one we condemned in Steidl . If anything, the compromise in this defendant's due process rights is even more egregious?

This says it all. Violating peoples due rights! Those circumstances were present here. And for the court to say this in regard to the second ruling... The conflict in this case in no less serious than the one we condemned in Steidl . If anything, the compromise in this defendant's due process rights is even more egregious?

Wow! INCOMPETENT!! How much did those proceedings cost us again?




"

85CHSGrad wrote on Feb 11, 2008 5:43 PM:

" Oh, and don't take that as my endorsement for Ferguson. He, and his office, have their own issues as I had previously posted.

85CHSGrad wrote on Feb 4, 2008 6:10 PM:

" as ran in TCJG:
"Donald R. Howell, 35, of rural Cowden pleaded guilty to a charge of manufacture of a controlled substance that accused him of making methamphetamine on April 16, 2004.

Howell also pleaded guilty to an obstructing justice charge alleging he fled from police and tried to dispose of a bag of methamphetamine before he was arrested on Dec. 20, 2006.

Under the agreement reached in his case, Howell was admitted to Coles County’s drug court program. The program is "sometimes" an alternative to prison time or probation for people who admit to their charges and agree to weekly court appearances, regular drug testing and other monitoring and requirements."

...Making meth isn't enough to get a prison sentence in Coles County? Isn't this the same drug that landed Jason Abernathy on the front page? Isn't McAvoy the same prosecutor trying to give Mr. Abernathy up to 10 years, just for possessing meth? And what determines the "sometimes" they get drug court? Prior convictions? Not in the Howell case! He also had priors. People need to open their eyes and look at what is really going on up at that courthouse.
Corruption,Corruption,Corruption!!!

Stop Slapping these meth makers on the hand Fergie!

"

Dohbaugh wrote on Feb 11, 2008 5:49 PM:

" What's your problem, attainedage. Don't you think the monitor is doing his job on here? Your telling people to stfu, every time you don't like what they have to say, is getting rather tiresome. Get over it. I see things every day on here that I don't like, but I, and most other posters, have the maturity to refrain from telling them to stfu. Perhaps you need to take your own advice. Your starting to sound like a playground bully. In others words, GROW UP! "

attainedage wrote on Feb 11, 2008 6:47 PM:

" Hey, Dohbaugh, stf...ah, never mind. LOL! Playground bully, huh? Gheeze, sorry. I didn't mean to hurt your feelings, and make you all tired. No, seriously, I'll tone it down and play nice. I'll never use that immature expression again, really, ... never. "

 



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