MCHENRY COUNTY SHERIFF'S OFFICE % 2200 N. SEMINARY AVE. 815/338-2144] s WOODSTOCK, IL, 60098 ~ _ SHERJEF@CO.MCHENRY.IL.US} oS Bureall internal 1R#” 12-017 Undersheriff Andy Zinke Administration. 07/17/2012 toresi2012, Sheriff Keith Nygren [Complainant(s): inter eaiaa Or SUpSNRGTS): Da ‘EEQ/Legal Affairs Officer Donald B. Leist Interference with DEA Investigation ‘A Officials, Sgt. Koziol, Lt Popovits Pre-Discipline Conference: Pater sa potuned Fincnas and Recarimetaatong Date EEO Sheriff's Summary Report aoeienia Not Sustained jred but was lawful or proper: Incident |Gnfourded: AVegation is false or not factual: Poa Flaten poy caused incident 1.8. 00(4XEKBNe); 1.5.00(4)(EM44)(a); 1.1.04(IVY(DMA; 1.1.040Y(0)(1)| NA NA NIA Sai ckintcacen sary eee: > premess Lue AS bor ScranersTable of Contents Internal Review #: 12-017 US Andrew Zinke Charge: Interference with DEA Investigation g | 10 Findings 4 Statement of DEA General Orders Interview Transcript of Lt. Jim Popovits Lt. Popovits Documents _ Interview Transcript of Sgt. Mike Muraski Interview Transcript of Sgt. John Koziol Olu falula jwlr fas Interview Transcript of Undersheriff Andrew Zinke Notice of Administrative Rights and Waiver/Request | Counsel 9 Notice of Charges and Interview 10 | MCSA Press Release and Letter to Sheriff Nygren [14 [Order to Conduct Internal 7 12 Affidavit of John Koziol 13 Petition for Special Prosecutor/Order Denying CD of Interviews _ 15Supplemental Index of Tab 5 DEA Task Force Overview __ McHenry County Sheriff's Office Cooperative State and Local Agreement _ E Sgt. Koziol Daily Activity ReportsFAB IMCHENRY COUNTY SHERIFF OFFICE 2200 N. SEMINARY AVE. BIS / 338-2144 | WOODSTOCK, IL 60098 SI gy CHENRY.IL.US Internal Report IR12-017 Undersheriff Andrew Zinke #1150 22-December-12 Investigation Officer: EEO/Legal Affairs Officer Donald B. LeistIntroduction ‘This Internal Review arose out of a Petition to Appoint a Special Prosecutor (hereinafter “Petition”) filed in MeHenry County Circuit Court, Case Number 12 MR 0459. In the Petition, Sgt. John Koriol, (hereinafter “Koziol” through his attomey, sought the Circuit Court to appoint an attorney to investigate and/or prosecute Undersheriff Andrew Zinke (hereinafter “Undersherif?’). ‘The Petition essentially alleged that the Undersheriff impermissibly leaked confidential DEA investigatory information to a Mr. Brian Goode, President of RITA Corporation in Crystal Lake, IL. Included within the Petition was an affidavit filed by Koziol wherein, inter alia, he listed the General Orders he believed the Undersheriff violated. Although the Petition was denied by the Honorable Thomas Meyer, the Sheriff on November 19, 2012 nevertheless ardered me, partly because I do not directly report to the Undersheriff, to conduct this internal review of the allegations made by Koziol and determine whether the Undersheriff violated any General Orders of the McHenry County Sheriff's Office. Commander John Miller and Lt, William Lutz were ordered to assist me in this investigation. Investigation DEA Position Statement On Friday November 30, 2012, I telephoned Mr. Brian Besser, DEA Rockford, Resident Agent in Charge and scheduled a meeting with him on Thursday December 6, 2012 at 9:00 a.m. in the Rockford DEA Headguarters. Mr. Besser indicated that he would also have his subordinate agent, Special Agent (lM hereinafier referred to by his chosen name of QI”) make himself available for questioning at that date and time, However, on December 5, 2012 at approximately 11:00 a.m., I received a phone call from Kevin. J. Powers Esq., Division Counsel for the DEA who indicated that since Mr. Besser and a) ‘were already interviewed by the McHenry County State’s Attorney, the DEA did not want them interviewed again. I then informed Me. Powers that my investigation was separate and independent of the State’s Attomey's investigation and my inquiry was limited to whether the Undersheriff violated any McHenry County Sherif?’s General Orders : I then indicated to Mr. Powers that I had just a few short questions. He then asked me to submit, my questions to him in writing and he would determine whether DEA would allow a written response. On December 5, 2012 at 12:04 p.n. I submitted my three questions to Mr, Powers and those questions were: : 1, Did Undersheriff Zinke’s actions jeopardize the DEA’s investigation? 2. Did Undersheriff Zinke’s actions in this case have any effect on the DEA’s willingness to continue its Task Force relationship with the McHenry County Sheriff? 3. Ifthe DEA believed that Undersheriff Zinke’s actions jeopardized its investigation, would the DEA initiate appropriate proceedings against the Undersheriff? On Friday, December 7, 2012 at 10:59 a.m. I received the following e-mail from Mr. Powers:‘Hi Don—Here is what we propose to do. Iwill answer your questions orally, in my capacity as an attorney representing the DEA. We will not submit anything in writing at this time, for the same reasons I cited to you Wednesday, which are that the State’s Attorney’s investigation is on-going and the DEA witnesses you requested to interview have already been interviewed by the State's Attorneys Office. And there will be no follow-up questions. Is this proposal acceptable? Let me know and we can set up a time to answer your three questions. After receiving this e-mail I scheduled our phone conversation for approximately 10:00am.on December 10, 2012. On December 10, 2012 after exchanging pleasantries, Kevin Powers read the DEA’s prepared responses to my questions. For ease of reference I will list each question below and DEA’s statement bolded for emphasis. Q.- Did Undersheriff Zinke’s actions jeopardize the DEA’s investigation? ‘A. While we, at DEA, would have preferred that only law enforcement personnel were informed, we have no evidence that the ongoing investigation was compromised. Q. Did Undersherifff Zinke’s actions in this case have any effect on the DEA's willingness to continue its Task Force relationship with the McHenry County Sheriff? ‘A. While we would have preferred he did not inform non law enforcement personnel we want to continue our law enforcement relationship with the McHenry County Sheriff's Office. The DEA does want to make sure this does not oecur again. Q. If the DEA believed that Undersheriff Zinke’s actions jeopardized its investigation, would the DEA initiate appropriate proceedings against the Undersherifi? A. — Undersheriff Zinke’s actions were referred to the Office of Professional Responsibility at DEA headquarters whieh is the DEA internal investigative body. The Office of Professional Responsibility then referred the matter back to the Special Agent in Charge for any action he saw appropriate, After reviewing all the relevant facts the Special Agent in Charge determined that the actions of Undersheriff Zinke were not done maliciously or with the intent to interfere with the DEA’s investigation. Therefore, DEA deferred to the investigation of the MeHenry County State’s Attorney’s Office. However, it was determined that no DEA personnel did anything incorreetly or illegally. Thereafter, on December 11, 2012 I interviewed Koziol which will be discussed in more detail infra. At his interview Koziol testified that although he had never read them, he believed RRBs reports would support Koziol’s allegations that the Undersheriff violated the General Orders in question. Therefore in an effort to fully investigate this matter, I attempted to obtain these reports. At approximately 10:45 a.m, on December 12, 2012 I telephoned Kevin J. Powers, sq, and left a message for him to call me in an effort to get a copy of QBs DEA reports. 2Mr. Powers called me back around 11:00 a.m. and left a message indicating that he “had hoped not to speak to me again as the DEA has already given me their position.” I called him back immediately thereafter and left a message indicating that Koziol in his interview stated QBs reports would support his claim that the Undersheriff violated McHenry County Sheriff's General Orders. Tadvised Mr, Powers I understood DEA already gave me a statement of its position but I had to ask for (ls reports in order to properly do my internal. I then advised ‘Mr. Powers I would not contact him again and that I would assume if he does not call me back, the answer to my request for the reports was “no.” However, I indicated I would prefer a call back and a direct verbal response and terminated my voice message. At approximately 12:15 pam, [received a phone call from a very irate Mr. Powers who indicated that they were not interested in tendering over their reports, and further he indicated that the DEA was “DONE” with this matter, Interview of Lt, James Popovits My interview of Lt. Popovits (hereinafter “Popovits”) occurred on December 4, 2012 at approximately 2:00 p.m. It was attended by myself, as well as Lt, Lutz. At this interview Popovits stated, in summary, the following: The first time he heard of the DEA investigation conceming a truck carrying, among, other items, cannabis, to several destinations including RITA Corporation, was when Koziol approached him in the Sheriff's parking lot. At this time Koziol advised Popovits that Koziol had received a phone call from (asking Koziol what he knew about the RITA Corporation in Crystal Lake, Koziol then told Popovits that at first Koziol thought (GERD vas “messing” with him. However, Koziol said (Qicontinued on stating a semi- ‘ruck had been stopped in Corpus Christi, Texas that had a bill of lading for RITA Corporation. Koziol told Popovits that he then told (that the owner of RITA Corporation is an ally of the Sheriff's Office and in fact a Sherif? s Merit Commission ‘Member. Koziol then told Popovits the conversation with @iiconcluded by QB saying ‘that he was going to try to acquite more specific information from DEA. Popovits then stated he and Koziol, shorily affer the conversation in the parking lot, went to the Undersheriff's office end Koziol “regurgitated” this information to the Undersheriff. Popovits said that the Undersheriff in response said some years ago this same situation happened to Brian Goode and that “there is no way Brian Goode would be involved in illegal drug trafficking,” Further, ‘the Undersheriff stated that the last time this happened, the RITA Corporation cooperated with the authorities and the Undersheriff said that he was confident that Brian Goode would completely cooperate with the DEA investigation again and for Koziol to tell DEA that Brian Goode would give them any kind of information that they needed. Further, Popovits stated that he understood Koziol was going to set up some type of meeting witht ‘and that the Undersheriff said he was meeting with Brian Goode on Friday July 13, 2012 so Koziol set up the meeting with (lion Friday July 13, 2012 as well. However, Popoviis then stated that he remembered finding out the July 13 meeting did rot happen since (QEREBGid not show up. Popovits remembers that on the day this meeting was to take place that Koziol came in to his office to “vent.” Koziol told Popovits that the Undersheriff told Brian Goode about the investigation and Koziol was angry about that and was “blowing off steam” in Popovits’ office, Popovits then stated that Koziol did not ask him to do anything. Popovits said that he did not believe he was compelled to do anything because this was a DEA 3investigation in Texas, he knew that the Undersheriff communicated with (JJM boss “quite afew times” and that Popovits had no reason to believe the Undersheriff had committed any sort of malfeasance or that the Undersheriff had interfered with an investigation or violated any Sheriff's General Order. Popovits then indicated to me that just because RITA Cosporation was a name on a bill of lading ora destination for a truck carrying drugs that is not “prima-facie” evidence to believe the drugs were headed to RITA Corporation or that RITA Conporation is “involved in some type of drug conspiracy.” Popovits then stated that the next time he had a conversation with anyone about the subject investigation was by telephone with Mr. Besser of the DEA. Popovits indicated he called Mr. Besser after the Petition was reported in the newspapers and Mr. Besser told him that “If we ‘had a problem we would have either, you know, confronted the Sheriff's Office about itor, ‘you know launched our own investigation.” Popovits said that Mr. Bescer further told him ‘that Besser had been in communication with the Undersheriff'and that he was following his protocol and chain of command to make some kind of statement indicating that the information that was given to Brian Goode did not compromise the investigation. Interview of Sgt, Mike Muraski My interview of Sgt. Mike Muraski (hereinafter “Muraski”) occurred on December 4, 2012 at approximately 3:00 p.m. and was also attended by Lt, Lutz and in summary Muraski stated as follows: ‘Muraski stated he attended a meeting with Popovits and Brian Besser of the DEA in Rockford when he was registering with Rockford DEA as a Task Force Officer. Muraski said that while at the DEA’s office there was a discussion about the subject investigation. Muraski said that Mr. Besser said DEA was not planning to do anything with regard to ‘the Undersheriff talking to Brian Goode. Further, Muraski remembers Mr. Besser saying, “IP he’s [Besser] not ringing the bell, the U.S. Attomey’s Office is not going to be investigating the matter.” The only other conversation that Muraski had with anyone about the subject investigation was in the parking lot of the Sheriff's Office when (9 said he was “pissed off” and “Chad no knowledge that Sgt. Koziol was going to file that stuf” Interview of Sgt, John Koziol This interview occured on December 11, 2012 at approximately 12:35 p.m, Present in the interview were Koziol, his attorney Jim Harrison, Esq., Commander John Miller, Lt, William Lutz and myself. I began this interview and proceeded with this interview like the previous interviews. My procedure was to allow Koziol to describe the sequence of interactions he had relative to the subject DEA investigation. Additionally, I allowed him the opportunity to detail his interactions, conversations, and allegations. In substance Koziol’s statements in this interview tracked his affidavit very closely. In fact, numerous times in the interview Koziol asked that he be allowed to read his affidavit so that he could answer my questions. However, in summary, Koziol stated the following: The first time he had a conversation with anyone about the subject investigation was via a phone call with ‘@@) when (UNH told him that a track was intercepted with drugs onit and a destination of RITA Corporation in Crystal Lake. At first Koziol though a was “messing with him” because “it was very common knowledge of who the RITA Corporation was.” John then stated his next conversation with anyone about the subj investigation was on July 11, 2012 via cell phone with (J In this phone call (i informed John that the DEA was not interested in doing a “controlled delivery” to RITA. Corp since the amount of marijuana involved was not large enough. Then Koziol indicated that he asked (QMMMBif he could tell the Undersheriff about this investigation and “let him know about the investigation I was doing.” Koziol said QJisaid that was “ok” and then Koziol asked (JBI he would be willing to come out and talk to the ‘Undersheriff about the investigation and (said “yes.” Sgt. Koziol next indicated at his interview that his next conversation about the subject investigation occurred later that day on July 11, 2012 approximately at 5:00 p.m. with the Undersheriff and Popovits in the Undersherifiés office. At this point in the interview I asked Koziol the following question about this conversation with the Undersheriff and Popovits: Q “And just so I understand, can you, to the extent that you are able to, tell me exactly what you told them?” . “Pil refer to the affidavit again real quick. Pretty much just limited to what I knew at the time, That it was the truck with approximately four thousand pounds of cannabis was intercepted down in Corpus Christi, Texas. It would have an ultimate destination of the RITA Corp. That might have been the extent of it.” Koziol then restated he told no other specific details to the Undersheriff at that time. Koziol then stated that the Undersheriff indicated there was no way Brian Goode was involved and that something similar happened to RITA Corp in Forne, Texas. Thereafter Koziol stated that the Undersheriff told him “Brian Goode would be willing to provide the trucking routes and the anticipation of another Ioad coming through.” However, when asked what Koziol said in reply to the Undersherifi’s offer, Koziol said on two occasions that “I don’t remember exactly what I said, if anything.” Koziol then testified that his next conversation about the subject investigation occurred on July-12, 2012 ata golf course wherein (Bold him: that the investigation was a lot larger than he had originally thought. Koziol’s next substantive conversation relative to the subject investigation, other than scheduling ameeting for (land the Undersheriff, occurred on Friday July 12, at a little before 11:00 a.m. when the Undersheriff asked Koziol if (IJ was still coming to the Sheriff’s Office at 11:00 am. Koziol was not able to contact (by phone as planned and at around 11:00 a.m, Koziol saw Brian Goode and the Undersheriff walking to the Sherif?'s Department. The Undersheriff and Brian Goode walked up to him and the Undersheriff introduced Brian to him. At that point is when the Undersheriff said to Koziol “I told Brian everything.” Koziol continued that “the Undersheriff started having a conversation with Brian Goode about the situation down in Forne, Texas; how it seemed like it was the same situation that happened ten years 2g0. The majority of the conversation was between the two of them on how Jong ago that happened and I think Brian Goode said it was not in Fome, Texas. It was another location. I don’t recall where he said it was. That’s it.”Koziol then stated at the interview that eventually (Qi ansvered his phone but ai) indicated to him that he was not going to make the meeting since he was “tied up on other cases.” Then Koziol said he told (¥iabout the conversation with Brian Goode, the Undersheriff and Koziol in the parking lot and (was not foo happy” and in fact exact words were “are you fucking kidding me?” Koziol, however at my interview, did not remember what his response to (QD was. Koziol then indicated that the next time he talked to anyone about the subject investigation occurred later on July 13, 2012 when he spoke with Popovits in Popovits’ office wherein he told Popovits that the Undersheriff had told Brian Goode about the investigation although Koziol did not remembet any specific details as to what he or Popovits said. ‘The next time Koziol remembered discussing the subject investigation was again with QJiprobably days afler this meeting in Popovits’ office and Koziol remembered the following about that conversation: “I pretty much told Special Agent (that we, you know, we both agreed that the investigation had the potential to be compromised. We were concerned about DEA assets and you know that other people were in jeopardy if this investigation did get compromised, this was already after...after I got notified that I was being t back to the road. This conversation happened after that. That was when I told Special Agent (MB that the investigation should obviously continue but he should leave me out of it. I said with me going back to the road, it would be senseless for ‘me, to involve me anymore in the investigation.” At this point I asked Koziol what made him believe (thought the investigation was compromised and the following questions were posed by me and Koziol gave the following answers. Q Now you indicated that (I believed that the investigation had been compromised? A: Yes. Q: Did he, what were his exact words, if you recall? A: [don’t recall the exact conversation, Q: Ok. What made you believe that (Qillthought the investigation was compromised? It was just our conversation hack and forth. Like I said, I don’t remember his exact words for it, but I don’t know what else to tell ya. I don’t remember his exact words. Q Ok. Do you remember anything else about that conversation? A: No. Thereafter Koziol said Q§MBbad told him that his “boss” or the U.S. Attorney was “very mad, and that they made a statement along the lines of that’s criminal, that’s obstructing aninvestigation.” However, when pressed for a name as to who said it was “obstructing,” Koziol could not remember if he was referring to Brian Besser, QQJls direct boss, or somebody else. Thereafter, the next conversation Koziol remembered occurred in Popovits’ office and the conversation took five to ten minutes. In this conversation Koziol indicated that he told Popovits that the U.S. Attomey and DEA “were not happy with us and he hoped that this incident doesn’t strain relations that we have with the DEA. And that was pretty much it.” Koziol then indicated the next time he spoke to anyone about the subject investigation was with his attorney, Mr. Harrison, who referred him to Mr. Nye. At the interview when Koziol was asked if he went to any law enforcement agency, Koziol did not respond but his attorney whispered “State’s Attomey’s Office.” The next time Koziol remembered talking to anyone about the subject investigation was after his attomey filed the Petition, He said he called Tony Cundiff. When asked, at my interview, why he called Tony Cundiff, Koziol said: “Without getting too erazy with conspiracy guy, I was pretty fearful. You know the way things were playing out and you know with being an investigation and things ‘that could be and what had the potential to be. Instead of just, I didn’t take it as just an innocent conversation between the drug investigation aspect. And there was a point of my life, my wife and I had a sit down. I was fearful for my life and I wanted someone else to know about what was happening and besides just my wife and my lawyer in case something did happen, so I wanted someone to know about it.” The next time Koziol remembered discussing the subject investigation was with the State’s Attomey’s Office. Koziol stated that McHenry County State’s Attorney Louis Bianchi reached out to his attorney after Judge Meyer’s ruling, however, Koziol stated the meeting was pretty brief and Koziol described this meeting as follows: “I, he was just asking questions. In fact it wasn’t very long. I don’t want to say it ‘wasn’t detailed but they pretty much just went off everything the affidavit had to say. I don’t remember anything specific. Like I said, it was a fairly short conversation, half-hour max.” Thereafter Koziol indicated he had no further conversations about the subject investigation other than with his attomeys. At this point I asked Koziol the following question and his answers are bolded for ease of reference: Q Ok. All right, ifT could direct your attention to paragraph thirty of your affidavit, Do you have any other evidence and anything other than what you just told me about today that Undersheriff Zinke violated General Order 1.5.00(4)(E)(8)(a)? ‘The General Order that’s referred to in paragraph 30? A: [think the wording of the General Order, the facts of the case I think substantiated them. I mean it’s what we testified to and what I talked about. Anything else? Just that the RITA Corporation was a suspect corporation; and that’s part of it,Q And why did you think RITA Corporation was a suspect organization? Because they were going to have a shipment of cannabis show up at their location. (Ok. Any other reason? No Ok, Any other evidence that you have that could shed light on whether Undersheriff Zinke violated the General Order referred to in patagraph 30? No, that would be it. Do you have any documentation or anything that you could give me that would support the assertion that Undersheriff Zinke violated that General Order referred to in paragraph 307 Nothing Just a minute, After a discussion with your attomey, he indicated that there may be some documents that you can show me? I don’t have the documents, but DEA would have their reporis filed. (Ok. Who authored these reports? ‘I’m not sure who did every report but I know Special Agent QB he told me he was doing some. He was doing some? ‘That he was the ease agent. He was doing reports. What I’m saying is T don’t mow who else would have done reports that go with that ease, but I know Special Agent (Dhas done reports. Ok. Do you know if this report, would shed light on whether Undersheriff Zinke violated this General Order referred to in paragraph 30? I would assume it would substantiate everything that I have been saying, yes. Have you read this report? No, I have not. If you haven’t read it, how do you know it would substantiate a violation of the General Order referred to in paragraph 30? Because it was a criminal investigation and I would have fo assume that Special Agent (would do a complete report. Ok, Do you have any other reason to believe that report would substantiate a violation of General Order 1.5.00(4)(E)(8)(a)? Just that the information under his report, I would assume would be a lot more detailed than my information. Because he has been working on it a lot longer than I have. He has more information than I have that would substantiate it. (Ok. Anything else other than Special Agent 9s report or reports? No Ok. If I could ask you to turn to paragraph 31. It says “General Order 1.5.00(4)(E)(44)(a).”Do you have any other information that would support an allegation that UndersherififZinke violated this General Order? A: — Just the information that we discussed with Special Agent (Ms report. Q: Anything else? : No Q: Any documents that you would have? A: No Q Ok I'll turn to paragraph 32. Under law enforcement code of ethics, General Order 1.1.01(1V)(D)(1). Do you have any evidence that Undersheriff Zinke violated this General Onder? Just my affidavit and the report that Special Agent (9 compiled. Anything else? No (Ok. Lastly, paragraph 33, General Order 1.1.0(1V)(D)(1), again a law enforcement code of ethics, In General Order you refer to in paragraph 33. Do you have any evidence that the Undersheriff violated this General Order? A: — Nothing beyond my affidavit or Special Agent QBs report, After these questions and answers I had no further questions of Koziol and after a brief discussion between Commander Miller and Koziol’s attorney the interview terminated. Interview of Undersheriff Andrew Zinke The interview of the Undersheriff took place on December 14, 2012 at approximately 11:00 a.m. and in attendance were Lt. William Lutz, Commander John Miller, myself and the Undersheriff. In summary the Undersheriff stated the following: The first time the Undersheriff remembered heating about the subject investigation was sometime in July 2012. The Undersheriff advised that Koziol had told him that “there ‘were two of three or four businesses in this area that were included out in a truck that was being driven up from Texas to, to Crystal Lake area and that one of the businesses that ‘was mentigned on the bill of lading I guess or destination, was RITA Corporation in Crystal Lake.” The Undersheriff said that Koziol told him the information the DEA had at that time was “sketchy” and that Jl was going to “get back” to Koziol in a couple of days. The Undersheriff then stated that his next conversation occurred in his office a “couple of days later” with Koziol and Popovits wherein Koziol largely restated what he had told the Undersheriff before. ‘The Undersheriff remembered that he then offzed to bring in bills of lading and trucking papers from RITA Corporation and give it to DEA so that DEA would know “exactly when the tracks would be coming across the border.” ‘However, the Undersheriff did not remember if or how Koziol responded to this offer. ‘The Undersheriff then stated that after this meeting he telephoned Brian Goode, told him what he knew about the subject investigation and asked Brian Good to gather all the trucking documents in anticipation of the Undersherif's meeting with QJijon July 13, 2012. The Undersheriff stated that on July 13, 2012 he met Brian Goode and they saw Koziol in the Sheriff's parking lot. The Undersheriff indicated then that he and Brian 9Goode walked over to Koziol and Brian Goode handed over the documents to Koziol and then they were informed that was not coming to the meeting, and that Koziol Iaughed it off saying “Agent (NM) doesn’t like to show” for meetings, The Undersheriff then indicated that Brian Goode said that “he would bé glad to come back” and that “DEA could call him anytime.” ‘The Undersheriff then stated that Koziol thanked Brian Goode and said he would set up another meeting with Qi) and Brian Goode. The Undersherisf denied having any conversation about a drug deal in Foe, ‘Texas but did remember talking, about a similar situation happening to RITA Corporation about ten years ago. ‘The Undersheriff then indicated he did not feel it was necessary for him to ask Koziol if he could tell Brian Goode about the subject investigation and stated: “You know I make decisions every day in this department based on my skills, and my knowledge and my abilities and my education. ‘This is a department that is a para-military structure, You know we report upper, we don’t report to lower in the para-military structure. I encourage everybody to have open dialogue. I encourage people to talk about things but I make my decisions based on what I believe fo be you know the right decisions to make, again, based on my education and my experience and my appointment to this position, {don’t make my decisions based on what other people that are within the department are going to tell me how I have to make decisions, to answer any questions or to run anything by them. Tam second in charge of the Sheriff's Office. I’m put in this position for a reason by the Sheriff in a reason of trust as well as my skills and abilities and J use those based on my own personal judgment.” ‘The Undersheriff said that Mr. Besser said he was “shocked” by Koziol’s affidavit and that the affidavit being printed in the newspapers jeopardized the investigation. Further Mr. Besser told ‘the Undersheriff that Mr. Besser did not believe the Undersheriff compromised the investigation and that was essentially all the Undersheriff remembered about that phone conversation. The Undersheriff then stated to me that, he did not believe Brian Goode was a suspect and as he discussed with Mr. Besser there are “thousands of trucks traveling” through this county everyday with marijuana or other narcotics on them” and “based on my experience, they don’t usually go to where somebody advertises they’re going to ship them to. They’ll off-load them prior to that or off-load them at a different site.” Finally, the Undersheriff stated that he did not believe he violated General Order 1.5.00(4)(E)(8)(a) because he did not believe Brian Goode was a criminal or a suspect, and that he was merely trying to assist the DEA in their investigation by supplying the DEA trucking information. The Undersheriff said that he did not believe he interfered with the DEA investigation because the DEA, through Mr. Besser, told him that he had not interfered witti the DEA investigation on at least two or maybe three occasions, ‘The Undersheriff also told me the reason he told Brian Goode about the subject investigation ‘was in an effort to utilize a cooperative victim to aid the DEA. Finally the Undersheriff stated that he made a judgment call not based on friendship but based on his personal knowledge of Brian Goode and his reputation and standing in the community. ‘That was the reason to enlist him to cooperate in this DEA investigation, At this point the interview terminated. 10Analysi This Internal Review arose out of the Petition filed by Koziol thus the Sherif ordered me to ‘examine the allegations of general Order violations found in the Petition. However, the Sheriff did not in anyway restrict my review of the Undersheriff’s actions to the alleged violations of the General Orders listed in the Petition, ‘Therefore I undertook an independent review of all current General Orders of the McHenry County Sheriff and determined that no other General Order was applicable or potentially violated. Thus my analysis will consist of a review of the evidence that tends to sustain or not sustain each allegation as alleged in the Petition one by one. Koziol alleged four General Orders were violated in the Petition and each separate General Order will be listed and bolded and the relevant evidence uncovered in this investigation will be reviewed under each General Order 1) General Order 1.5.00(4)(E)(8)(a) “Assisting Criminals” provides: “Except as authorized, employees shall not communicate information which might assist persons suspected of or charged with criminal acts.” ‘The Undersheriff is clearly an employee, thus the question is whether the Undersheriff communicated information which might assist persons suspected of or charged with criminal acts. The most authoritative piece of evidence on this issue comes from the DEA. The DEA indicated that it had no evidence that the ongoing investigation was compromised by the Undersheriff informing Brian Goode of the subject investigation. Further Popovits in his interview stated that Mr. Besser in a round about manner told him that if the DEA believed the Undersheriff aided a criminal enterprise the DEA has at its disposal the Department of Justice and if the DEA believed the Undersheriff assisted criminals, the DEA would have taken action (Popovits transcript page 19), Further, Popovits stated that while Mr. Besser said that he would have preferred the Undersheriff not tell Brian Goode, he understood why the Undersheriff gave information to Brian Goode and he believed the Undersheriff was attempting to assist the DEA investigation, Finally, thete was no evidence to support the allegation that Brian Goode was a criminal or “a person suspected of or charged with criminal acts.” There is no evidence that Brian Goode was or will be charged with a criminal act as a result of the subject investigation nor is there any evidence that he was even a suspect, In fact, the evidence clearly demonstrates that the only person who thought Brian Goode was a suspect was Koziol Koziol’s stated reason was that cannabis was found on a truck headed for RITA Corporation. ‘To the contrary though we have Mr. Besser Regional Agent in Charge of the Rockford DEA, Popovits and the Undersheriff all of whom indicated that Brian Goode was, due to their training and experience, not a suspect by virtue of the RITA. Corporation appearing on a bill of lading. Therefore the alleged violation of this General Order is not sustained. 2) General Order 1.5.00(4)(E)(44)(a) “Investigations” provides: “Members shall not interfere with investigations being handled by other members of the Sheriff's Office or by any other governmental agency, unless 1) ordered to intervene by a supervisor, or, 2) the intervening member believes. beyond a uwreasonable doubt that a manifest injustice would result from failure to take immediate action...” ‘The question is, did the Undersheriff’s actions interfere with its investigation? The DEA. answered this question quite authoritatively in its position statement when it stated “We have no evidence that the ongoing investigation was compromised.” My investigation hhas uncovered no such evidence either. In fact this internal investigation has revealed that the DEA thru its position statement, thru Mr. Besser’s comments separately to the Undersheriff, Popovits and Muraski demonstrates that the DEA does not believe the ‘Undersheriff interfered with this investigation, On the other side of the scale is Koziol’s statement that his affidavit and (JIIMs reports demonstrate a violation of this General Order, First, Koziol has never read QDs reports. Second, Mr. Besser is (Js boss and Koziol is an inferior position than the DEA to know whether DEA’s investigation has been interfered with. ‘Therefore for all the above reasons the allegation that the Undersheriff violated this General Order is not sustained, 3) General Order 1.1.01(1V)(D)(1) “Law Enforcement Code of Ethies” provides: “... Whatever I see or hear of. confidential nature or that is confided in me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.” ‘The most persuasive evidence with regard to whether this General Order was violated comes from the Undersheriff himself. However, the Undersheriff’s evidence is also supported by the DEA position statement and statements made by Popovits and Mr. Besser. The Undersheriff in his interview stated: It is clear that in his professional judgment the Undersheriff believed it was necessary to inform Brian Goode of the subject investigation. The DRA in its position statement indicated the actions of the ‘Undersheriff were not done maliciously or with the intent to interfere with the DEA investigation. Further Mr. Besser of the DEA told Popovits that while he would have preferred that the Undersheriff had not told Brian Goode about the subject investigation, he understood that the Undersheriff was attempting to aid the DEA investigation. Thus itis clear that while there is a difference of professional opinion as to whether the Undersheriff should have told Brian Goode about the subject investigation there is no evidence to suggest the Undersheriff did not believe his actions were necessary. The Undersheriff has been entrusted by the Sheriff to make professional judgments everyday and there is no obligation imposed by the Sheriff that the Undersheriff “clear” his decisions with any of his subordinates including but not limited to Sergeants in the Narcotics Division.. The alleged violation of this General Order is not sustained. 4) General Order 1.1.01(1V)(D)(1) “Law Enforcement Code of Ethics” provides: I WILL NEVER ... permit personal feelings ... or friendship to influence my decisions.” With no compromise for crime and relentless prosecution of criminals, I will enforce the law ... appropriately without ... favor... and never accepting gratuities.” 2While the evidence in this case clearly demonstrates that the Undersheriff has a personal fiiendship with Brian Goode, there is no evidence to suggest that the Undersheriff told Brian Goode about the subject investigation because of their personal friendship. Koziol did not provide any support for this allegation, When Koziol was asked what evidence he had to support this allegation Koziol stated: “Nothing beyond my affidavit or Special ‘Agent ERs Report.” First, Koziol’s affidavit contains mere allegations. Koziol’s affidavit contains no evidence that the Undersheriff told Brian Goode about the subject investigation because of their friendship. Second, the DEA refused me access to “@QMEEEDs reports.” Thirdly, Koziol had no zeason to believe the reports contained relevant evidence on this point because he admitted he had never read them. Finally, the DEA statement, “the actions of the Undersheriff were not done maliciously or with the intent to interfere with the investigation” and Mr. Besset’s statement that he understood that the Undersheriff was trying to aid the investigation, demonstrates the Undersheriff's personal friendship with Brian Goode did not motivate the Undersheriff to inform Brian Goode of the subject investigation. Instead the evidence shows that the Undersheriff drawing upon his experience, training and personal knowledge of Brian Goode’s character and reputation in the community, enlisted his help to aid in a drug investigation. » The allegation that the Undersheriff violated this General Order is not sustained. 2BConclusion Based upon the totality of the evidence compiled in this investigation and for all the reasons stated in my analysis, itis my conclusion that all the General Order violations alleged by Koziol in his Petition are not sustained. Further, my independent review of the McHenry County Sheriff's General Orders reveals no other General Orders were violated by the Undersheriff Therefore, the Undersheriff should be exonerated from any and all McHenry County Sheriff's General Order violations. 4_Donald Leist hha Powers, Kevin J. (Kevin.J Powers@usdoj gov} Friday, December 07, 2012 12:32 PM Donald Leist —RE- Internal Review Questions for DEA— While I root for the Bears, it is only when they don’t play the Patriots. Iam a Boston boy. Go Pats!! Then, go Beats!! Kevin J. Powers Division Counsel DEA-Chicago (B12) 353-8419-office (312) 735-6158--cell From: Donald Leist [mailto:dbletst@co,mchenry. uss} Sent: Friday, December 07, 2012 12:19 PM To: Powers, Kevin J. Subject: RE: Internal Review Questions for DEA ‘That will be fine, Go Bears! Donald B.Leist, oanctonn Sheriff's Office lLogal Affairs Officor P emem exs94a789 Fax 18.3362007 From: Powers, Kevin J. Sent: Friday, December 07, 2012 12:17 PM To: Donald Leist, ‘Subject: RE: Internal Review Questions for DEA Perfect.. Either you call me or I will call you, but let’s plan on 10 AM. Talk to you then. Have a great weekend! Kevin J. Powers Division Counsel (312) 735-6158—cell onald Leist [malto:dbleist@ca,mcheny js) Sent: Friday, December 07, 2012 12:16 PM } Powers, Kevin J. ‘ibject: RE: Intemal Review Questions for DEAOkay, 1s Monday moming good? Donald B. Loists, taser Henry. Goul Shoriff's Office “00 Seminary Ave ook nls 60098 “sc: 6153244793 } raw etecaecanr Powers, Kevin J. [mailto:Kevin.J,Powers@usdoj.gov] Sent: Friday, December 07, 2012 12:05 PM To: Donald Leist ‘Subject: RE: Internal Review Questions for DEA Can we do it next week? [am tied up all day today. Kevin J. Powers Division Counsel DEA-Chicago (312) 353-8419--office (312) 735-6158—cell From: Donald Lelst [mailtordbleist@co.mcheny.jlus} Sent: Friday, December 07, 2012 12:04 PM y Powers, Kevin J. Abject: RE: Internal Review Questions for DEA Yes that is fine. 1am available all day today. naid B. Loists = cee, 1 GOH el Mtn otter ee ioe ose 336-4703 Prax 6159962007 From: Powers, Kevin J. (mailto:Kevin.J.Powers@usdoj.gov] Sent: Friday, December 07, 2012 10:59 AM To: Donald Leist Subject: RE: Internal Review Questions for DEA Hi Don — Here is what we propose to do. Iwill answer your questions orally, in my capacity as an attorney representing the DEA. We will not submit anything in writing at this time, for the same reasons I cited to you Wednesday, which ate that the State’s Attomey’s investigation is on-going and the DEA witnesses you requested to interview have already been interviewed by the State’s Attorney’s Office. And there will be no ‘llow-up questions. Is this proposal acceptable? Let me know and we can set up a time to answer your three “estions.Kevin J. Powers Division Counsel DEA-Chicago 312) 353-8419-office 112) 735-61 Sent: Wednesday, December 05, 2012 11:52 AM To: Powers, Kevin 3. Subject: Internal Review Questions for DEA Kevin, thank you for your telephone conversation of this date. Below are the only questions, | intended to ask tomorrow. Ihave been Ordered to conduct this investigation by the Sheriff since no one in the Sheriff's Office is exempt from investigation and 1am nota direct report to the Undersheriff L._ Did Undersheriff Zinke’s actions jeopardize the DEA’s investigation? 2. Did Undersheriff Zinke’s actions in this case have any effect on the DEA’s willingness to continue its Task Force relationship with the McHenry County Sheriff? 3. Ifthe DEA believed that Undersheriff Zinke’s actions jeopardized its investigation, would the DEA initiate appropriate proceedings against the Undersheriff? mea toe fen res (tec anancaTHEYMcHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 [EYNTHIAJ.BOCKMAN, 12/04/2012 7 RE] 1270472012 - MCHENRY COUNTY SHERIFF'S OFFICE | FRONT CONFERENCE ROOM LY WiLUAMLUTZ | DONALD LEIsT LT JAMES POPOVITS _ Q: tis approximately 2:00 p.m. on December 4, 2012. My name is Don Leist EEO/Legal Affairs Officer for the McHenry County Sherif. | have been charged with conducting an internal investigation, IR number 017, into some allegations made against Undersheriff Zinke. | This interview of Lt, Jim Popovits is being done pursuant to this investigation. | Together with me in the Sheriff's small conference room is, as | said earlier Lt. Jim | Popowits and assisting me today willbe Lt. Wiliam Lutz, | | | { | | | i | Lt. Popovits, you understand that this interview is being recorded? A: Yes Q: And you have no objections, is that correct? Correct > Q: You also know that that although you are not the target of this investigation, you have the right to have an attomey present during this interview and you chose not to bring ‘one. Is that also correct? | Yes | | @: — Youalso know that in the past! have acted as your attomey and from time fo time, | have given you legal advice. Is that correct? A: Yes Page 1 of 27 -WicHenry County Sheriff's Office ¢ 0 2200 N. Seminary Avenue, Woodstock, IL 60098 /(815)338-2144 Q: But today, you understand that when I'm asking you questions that | am not acting as your attorney and there is no attorney-client privilege that attaches to these conversations. Do you also understand that? A Yea Q: Lastly, you do know that you must testify truthfully and your failure to do so could result in disciplinary proceedings against you. A: Lunderstand, Q: Ok Are you aware that Sgt. John Koziol, through his attomey filed a petition for a special prosecutor, alleging certain violations of the Sheriff's General Orders? A Yes Q: Have you read that special petition? > Ihave Q: Included in that petition was an affidavit that Sgt. Koziol signed. Have you also read that affidavit? A thave. Q: Ok. In that affidavit, Sgt. Koziol described a series of interactions with you. So my questions today will focus on those interactions that he describes and in his affidavit and also | will focus my questions on any evidence that you would have that could shed light on whether the Undersheriff committed these alleged violations. Aa Ok, rss Page 2 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60088 /(816)338.-2144 Q: Ok. When is the first time that you remember ever hearing about a DEA investigation concerning a truck carrying, among other items marijuana which had as its final destination, Rita Corporation in Crystal Lake? ‘A: don't remember the specific date, but if we go on with the affidavit that Sgt. Koziol signed through his attorney, he indicates that it was in July, but! can't confirm. I did have a conversation with Sgt. Koziol in the parking lot ofthe, the east parking lot of the courthouse regarding the DEA investigation. Q: Ok. Now you don’t have an independent recollection of that date being July 17"? A: Ido not. Q: — Soyou're just taking it at face value for what John Koziol said in his affidavit? A: Correct Q: You have no reason to disbelieve or believe it was July 17°? A: Conect Q: Ok. Now you had a discussion you said in the parking lot with John Koziol? A Yes Q; Who else was present out in the parking lot when you were having that discussion or conversation with John Koziol? Nobody rl EE Page 3 of 27McHenry County Sheriff's Office Woodstock, Il 600987 (815)338-2144 And can you tell me the circumstances of that conference in the parking lot? Sure. | was. | don't remember if| was coming or going but I was in the parking lot Sat. Koziol was getting out of his undercover vehicle and he indicated fo me that a DEA agent that I know by the name of IID | believe his name is ID is his official name, but he is referenced as (Bal! the time and what he prefers to be called, Anyways, he indicates, Sgt. Koziol indicates that (two days prior to when I'm talking to him, he recelves a phone call from him saying that or actually questioning information regarding the Rita Corporation in Crystal Lake and if Sgt. Koziol knows any information about the Rita Corporation, Sgt. Koziol tells me he responds tolyou know, kind of in a joking manner like, are you serious, ha.. ha... ha.. stop messing with me type of thing and tells. him, no, seriously, you know there was a DEA, Corpus Christi Texas DEA stopped a semi-tractor trailer combination that had a large amount of marijuana in; whether it was a bill of lading or transportation bill or whatever the case may be. Somehow there was a stop destination that was going to be at the Rita Corporation in Crystal Lake, So Sgt. Koziol was like, are you seriously asking me about the Rita Corporation and he finally realized that (wes actually trying to gain information about the Rita Corporation; at which point Sgt. Koziol tells @¥lthat the Rita Corporation is owned by Brian Goode who is a Merit Commissioner for the Sheriff's Office, That you know he's an ally to the Sheriffs Ofice and that you know he knows a lot of Sheriff's personne, if you will. And apparently Sgt. Koziol, what he tells me is that he tolls, (GB that you need to give me as much information as soon as possible ‘cause | need to notify, | need to tell the Undersheriff and myself that you know, that the Rita Corporation is named, you know popped up in this investigation. Ok. And then did John tell you that (said anything else to him at that time? Apparently, @@EEBWas still trying to gather information from the Corpus Christi DEA office. Page 4 of 27McHenry County Sheriffs Office Q: — So did le!! him to sit on that information for a period of time and not tel! anyone or did he say one thing or the other? A: {don't know what said. I'm going off of what Sgt. Koziol told me but Sgt. Koziol was telling me that he told (hat, you know as soon as you get the information please tell me, as soon as you get the information and apparently he was asking him over the last two days to keep trying to get the information; get more information about what was going on, Ok. Now /am aware that there is an agreement that the Sheriffs Office has with the DEA. Are you aware of that agreement? A; We're in an agreement for the task force officers. Yes, lam aware of it. Q: Ok. And John Koziol at the time, back in July of 2012, was a task force officer? A Hewas. Q: And whattis a task force officer? ‘A; The DEA basically supplements their special agents with task force officers that are comprised of local authorities; whether it’s a county, state or local municipality. That municipality or whatever law enforcement agency enters into an agreement that with the DEA that there will be task force officers so it gives them investigative authority under the DEA to conduct investigations, not only within their respected jurisdictions but also outside the jurisdictions that the DEA may be investigating, Q@: Ok. In, as far as Sgt. Koziol when he works under the DEA as a task force officer, do you still have supervisory powers over him with regard to any DEA investigation? A: Well, according to the agreement or whatever, the task force officers are supposed to abide by the procedures of the DEA in that the, ultimately the DEA supervisors have a say when it comes to a fask force investigation. ts Seen Page 5 of 27McHenry County Sheriff's Office @: — Doyou have any say relative to a task force investigation? A; I can'tdictate how a task force investigation goes from the DEA, no. Q: Ok, so for purposes of DEA task force investigation, you don't supervise John Koziol? A: Correct, Q: Ok. Whois the, if you know, only if you know obviously, the immediate, who was the immediate supervisor of John Koziol back in July of 2012, as far as DEA investigation goes? A: Asfaras the DEA investigation, it would be either one of the agents or one of the agents in charge over at the Rockford office. Generally, a lot of the times, QB you know, Special Agent (EEBis the Special Agent that comes out and participates in the task force operations out in McHenry County, so if it wouldn't be@lithen, it ‘would be up the chain for him; which would be Region Agent in charge, Brian Besser. Now when you had this conversation in the parking lot, do you remember if Sgt. Koziol said that the DEA agent was (Bor did he say just the DEA agent? A: No, he specifically said (IB}called me and was inquiring about the Rita Corporation. Q: Ok, so the first time he talked to you he believed that (was kidding with him or trying to mess with him I think, in your words. Is that correct? A: Correct, Q: — Sowhat was his demeanor like then? I'm sorry that was a bad question. What was ‘Sgt. Koziol's demeanor like when he told you about this? ne arena ar aR Een Page 6 of 27A McHenry County Sheriff's Office 2200 N, Seminary Avenue, Weodstook, I. 60098 /(815)338:2144 Sgt. Koziol was informing me that (was inquiring about the Rita Corporation. It was conversational. Ok, after EB told you this, what did you guys do next? I old Sgt. Koziol that you know that we should notify the Undersheriff on this being the Rita Corporation is in McHenry County and advise, being that he is on the Merit ‘Commission we should notify the Undersheriff, which we subsequently did. Ok. And do you know when you notified the Undersherif? want to say it was that day, but 'm not a hundred percent sure, but it was relatively quickly where myseff and Sgt. Koziol went into the Undersheriffs office and advised him of what was going on; as far as the information that was provided. Ok, if could back up for just.a little bit. You intially told me that John Koziol was told by @iisometime previous to your discussion in the parking lot that there was some cannabis headed towards the Rita Corporation, is that correct? He didn't tell you, John Koziol didn't say, | was told the same day and then he told you that very day in the parking lot, | got a call today from Qa? No. He told me the day, Sgt. Koziol told me about the investigation, he said two days ago, @EBinitially called him about Corpus Christi DEA, Corpus Christi Texas DEA whether it was an interception or I don’t know what the circumstances were. They came into possession of a large amount of cannabis that was in a tractor-trailer and that, and I don't even know if it was through a bill of lading, if there was something scribbled, through a piece of paper or if there was a destination fog or whatever the case maybe, but the Rita Corporation was allegedly some kind of stop for this truck in the future, ‘Ok. So he didn't call you, John Koziol didn't say that he got called, the very same day that you saw him in the parking lot, it was two days prior that he spoke to (aaa? That's what John fold me, yes. Page 7 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, Il, 60098 /(815)338-2144 Ok. Sgt. Koziol fold me that, yes. Ok. So now you saw Sgt. Koziol in the parking lot, do you remember ifit was around lunch time, were you coming back from lunch ordo you have any recollection? I know it was daytime, that's all | know. ! don't know exactly the hour of the day. But in any event, you were both in the parking lot. You saw John Koziol getting out of his undercover car and you had this conversation and do you remember it you immediately went in to Undersheriff Zinke’s office or ifit was shortly thereafter? | believe it was that day. | don't recall i had to try to find out where the Undersheriff was; whether if made a phone call or whatever the case may be, but | believe it was that day, where we ended up going, | believe me and Sgt. Koziol ended up going into the Undersheriff's office and | actually ended up yielding the floor to Sgt. Koziol saying that to the Undersheriff that Sgt. Koziol had some information that; regarding the Rita Corporation, Was it your idea to go see Undersheriff Zinke or was it Sgt. Koziof's? Itwas my idea. Ok. And when you went in and saw Undersherif Zinke, who else was in the room whan you, when you yielded the floor to Sgt. Koziol? itwas me, Sgt. Koziol and the Undersheriff Andrew Zinke, ‘And there was no one else in there when you guys walked in? No ‘And did anyone else walk in during your conversation? et St en Page 8 of 27McHenry County Sheriff's Office Ok. And only ifyou remember, do you remember siting down or were you standing up when you had this conversation? ‘Yes, we were all sitting down. The Undersheriff was behind his desk at his seat and myself and Sgt. Koziol were sitting in the two chairs that face the Undersheriffs desk. Ok, so as you walked into Undersheriff Zinke’s office, what did you say? Yeah, verbatim, | don't remember the exact words but something to the effect of you know, Sgt. Koziol told me some information regarding the Rita Corporation and | asked John to go ahead and explain what he told me. (Ok and what do you remember that John told Undersheriff Zinke then? He regurgitated basically the same information he told me. He fold the Undersheriff that he received a phone call from@iland that DEA, Corpus Christi Texas took off a large amount of marijuana and some kind of documentation in the truck was indicating that the truck was going to end up going to the Rita Corporation. The Undersheriff responded something to the effect of, this happened before with the Rita Corporation a few years back. Brian Goode, there is no way Brian Goode would be involved in any kind of legal drug trafficking. He's a law enforcement, he’s a law enforcement ally and in fact the last time this happened, the Rita Corporation cooperated with the authorities and the Undessheriff specifically asked Sgt. Koziol, you know, let me know, ! wil talk to Brian and | am confident that he will completely cooperate with the DEA investigation and provide any kind of information that they would ask for. Did Sgt. Koziol say anything in reply to the Undersheriff? i mean he was affirmative; he had an affirmative response when the Undersheriff indicated you know, when he asked, you know what, you know. He asked something along the lines of what, you know, ifthe DEA wants information, let me know and Il ert SSR Page 9 of 272 WicHenry County Sheriff's Office 2200 N Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 talk to Brian and I'm sure, you know he will cooperate and Sgt. Koziol responded in an affirmative manner and nodded his head. (Ok. Do you remember anything else about that conversation? Um, The Undersherff indicated, you know asked when, let me know when you get ‘more information so | can talk to Brian. I'm going to be, when | say Brian, | mean Brian Goode, let me know because the Undersheriff apparently was scheduling some kind of lunch appointment with Brian Goode later in the week; which I don't remember the specific day, but you know within a couple of days near the end of the week, the Undersheriff was apparently going to meet with Brian Goode, So the Undersheriff was asking Sgt. Koziol, so as soon as you get more information let me know and then, you know if the DEA wants me to approach Brian Goode, I'l approach him and ask him to cooperate with the investigation. Ok. At that, do you remember saying anything to either John or Undersheriff Zinke at that time? Like | said, a lot of the conversations were between the Undersheriff and Sgt. Koziol. (Ok. But you don't have a specific recollection of anything you said? No Ok. Did you have, now you told me that Sgt. Koziol gave essentially a general outline ‘of what the investigation was, in that he was looking for more information? ts that correct? When he spoke to Undersheriff Zinke in Undersheriff Zinke’s office? | Sgt. Koziol told the Undersheriff that he was trying fo get more information from. (Banc that you know, trying to find out exactly what the circumstances were regarding how, whet basically unfolded down in Corpus Christi, Texas. Pago 10 of 27 |= WicHenry County Sheriff's Office CBS 2200 N. Seminary Avene, Woodstock, I 60008 /(815)398-2144 Q: Ok. Atthat time, Sgt. Koziol didn't have any real specific details of the DEA Investigation and he was looking for more information? A: No, my understanding was is that when({called Sgt. Koziol, it was merely an inquiry, you know, preliminary inquiry into what the Rita Corporation was and not once was it specifically said ifthe Rita Corporation was directly involved or if it wasn't involved, My understanding it was just an inquiry of the Rita Corporation's name popped up in this truck and they were trying to find out what the Rita Corporation was, and when | say, “they’, the DEA. @: —_Doyou remember approximately how long this conversation was? A: _ Inside the Undersheriff's office? Q@: Correct? A: Fifteen minutes, maybe C3 G2 | A: Ten, fifteen minutes. Q: Do you remember how, how this meeting ended? ‘A: Something along the lines of, the Undersheriff said, leaving it of fo Sgt. Koziol, let me know, you know when I can talk to Brian Goode about this investigation. Q: And then Sgt. Koziol answered in the affirmative? A Yes. @: And then both of you left the room? A: True ~ a etlUSRs Page 11 of 27WicHenry County Sheriff's Office 2200N, Seminary Avena, Woodstock, I 600887 (@15)330-2144 Ok. Did you say anything to Sgt. Koziol as you were leaving, or after you left Undersheriff Zinke’s office about this DEA investigation? No Ok, After the meeting in the Undersheriffs office, when is the next time you received any information at all about this DEA investigation? ‘Specifically, | don't know, a specific, what specific day it was. A few days later, Sgt Koziol, between... let me back up a little bit. Specific information on where the investigation is at, | didn’t have any specific knowledge that was given to me. Sgt. Koziol, he would periodically email and say, you know I'm stil trying to get a hold of, (Band you know, Sgt. Koziol would make a comment that you know the. Undersheriff asked me, you know have | talked to DEA or whatever and he would just kind of tell me stuff lke that but he wouldn't tell me specifically, you know hey, | talked to DEA and this is what they said. Besides those litle conversations of litle updates about the Undersheriff talking to Sgt. Koziol or John trying to get a hold of land get more information; there was. a time where Sgt. Koziol entered my office and indicated that Undersheriff Andy Zinke talked to Brian Goode regarding the investigation and he was in my office for lack of a better term, venting that the Undersheriff spoke to Brian Goode. Ok. And when you say, he was “venting”, you mean blowing off steam? Yes. (Ok. Was this a face to face conversation that you had with Sgt, Koziol where he was venting? Yes. i Page 12 of 27WicHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL. 60098 / (815)338-2144 oe aee ‘Ok. You don't remember the date that this conversation took place? No, | don't remember the specific date. | mean, | can speak in generalities because like ! said, when, when myself and Sgt. Koziol were in the Undersheriff's office the first time, the Undersheriff indicated that — that same week, he was going fo meet with Brian Goode for some kind of lunch date or lunch meeting or whatever the case may be, Apparently this lunch meeting, | believe was this day, where John came into my office to vent because John indicated that he, he ran into the Undersheriff out I believe in the parking lot with Brian Goode and the Undersheriff, | believe waved John over and says, hey, Brian's got some information, some kind of paperwork. regarding stuff from the Rita Corporation that, you know that can be provided to the DEA and shortly thereafter, Sgt. Koziol came into my office and says, you know apparently the Undersheriff told Brian Goode cause | ran into him in the parking lot, regarding the DEA investigation. Ok, so there was a, there was some sort of a meeting that was to take place between (Band John Koziol and the Undersheriff? My understanding is Sgt. Koziol was trying to coordinate with (i @HEEEBto come out the Sheriff's Office to meet with the Undersheriff so, for lack of a better term, he could hear from the DEA, a DEA agent themselves about the status of the investigation and whether John was the middle man, the go between or whatever, John was trying to coordinate to get (to Woodstock, to where the Sheriff's Office is to meet with the Undersheriff to bring him up to speed regarding the investigation Ok. ‘Specifically, the Corpus Christi investigation. Page 13 of 27McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 60098 /(815)338-2144 @: Ok And so what did, what did John say to you about the circumstances of him meeting Andy and Brian Goode? A: He came into my office. He said something to the effect of the Undersherif apparently told Brian Goode. He's like, can you believe this. He's telling me and I said, "Well, what's DEA doing?" And he just says, you know. | don't remember exactly what his response was but lke | said, he was blowing off steam, saying, you know, | can't believe he told Brian Goode. | believe he said something along that, he was tying to get a hold of Eto get out here and that he talked to You know trying to get him out there. Apparently, John told iibefore he told me because when John was venting in my office, he made a comment about (iB you know that he told lor whatever and (says that he wasn’t coming out to meet with the Undersheriff that day. I don't know if that was in direct response to John telling, you knowiihe told him, ifthat was like a you know, spiteful response, saying since he told him information he's not coming out or just was, I'm not coming out because he was tied up, I:don't know, but you know John was basically blowing off steam. Ok. When he was blowing off steam, was there anyone else in your office? A: No. And when | say, blowing off steam, you know he wasn't yelling or anything like that. Itwas conversational. His voice wasn't raised. No more than we're having a conversation at right now. He just came in and just questioned that the Undersheniff {old Brian Goode some information. Ok, After he told you that, what do you remember saying to John? Well, | said, | asked him | said, “well what's DEA doing regarding the investigation?” and | don't remember his exact response but he said, that DEA was stil trying to get information from Corpus Christi about what's going on here and that he was going to talk to DEA more about the investigation. | said, ok. 2 rrr Page 14 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstook, IL 60098 / (815)338-2144 ne Did, after John told you about the Undersheriff telling Brian Goode about the Corpus Christi investigation, did you do anything? No Why not? {you're alluding to about, you know the general order or along those lines as far as obligations as a supervisor, all the information that Sgt, Koziol was providing me was a DEA investigation that was in Texas. The task force that we're a part of wasn't, even, doesn't go down to Texas, Its in northern Illinois area. Its in Rockford area that we investigate. With Sgt. Koziol trying to coordinate with the Undersheriff and (GREED, you know I had no information; whether the Undersheriff spoke with (i or spoke with @EEBPoss, Brian Besser because | know the Undersheriff has spoken with him quite a few times regarding any kind of operations for the task foroe as far as, you know our involvement in certain things. At no time did I think there was any malfeasance or misfeasance that the Undersheriff provided any kind of information that was going to compromise an investigation, so therefore | didn't feel there was any general order violation so and the fact that Sgt. Koziol indicated that he was stil working with DEA to gain more information and DEA is obviously the lead Jaw enforcement agency with this investigation, I did not take any action on the Shetiff's Office side. Ok. In your experience, mainly because a corporation has, is the ultimate destination for a truck that carries among other things cannabis; is there any reason to believe that the owner of that corporation is engaging in ilegal activity? No, initialy for the Rita Corporation name to be on a bill of lading or destination or something on a truck coming from Corpus Christi, that is not a prima-facia information to say that - that truck is ultimately going to go to the Rita Corporation and deliver “x” amount of pounds of weed or whatever the case may be that was on that truck. Obviously, I've never directly overseen a narcotics division but as a whole, ve overseen supervisors in narcotios and in my experience, with narcotics investigations, just because, even a local drug dealer, just because they are saying es sn Page 15 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 1 (815)238-2144 Aa Bonaia Leet e1 that they're going to be at an intersection "AB" at this time of day, its not uncommon for that target to call up, whether is a confidential informant or an undercover officer and say, hey, alright 'm changing the meeting location to intersection “D” and “E” or 'm going to be at the McDonald's or 'm going to be at the Panera or the narcotics investigations is always a fluid constantly changing environment and the fact that just because the Rita Corporation was on a truck, from my understanding it came up thru Mexico and it was ultimately stopped in Corpus Christi, on its face doesn't ultimately indict or say that the Rita Corporation is involved in some kind of drug conspiracy. And as you previously indicated, you weren't really Sgt, Koziol’s supervisor for purposes of DEA investigations? No and specifically on this one, this case was the DEA agent from Corpus Christi reaching out to the Rockford agency and the Rockford agency calling Sgt. Koziol as a task force officer just for information on the Rita Corporation, that's my understanding, was all it was. It was just strictly intelligence gathering. Ok. Did Sgt. Koziol, when he was venting with you, ask you fo do anything? No, he did not. At some point, you asked him what he was going to do. | asked him about what the DEA is doing and he said he was stil trying to get information to see what the DEA was doing. He specifically told me, he's like, don't do anything. I'm just venting right now. 'm just talking, but he was just, lke I said for lack of a better term, venting, saying can you believe this or whatever. Ok. Do you remember if he, John was going to take any specific act when he left your office? He was going to contact the DEA and try and find out where the investigation was at. rrr Page 16 of 27WicHtenry County Sheriff's Office 2200 N, Seminary Avene, Woodstock IL. 69088 /(615)590-2144 Ok. Were you notified that the meeting wasn't going to happen by John walking in the office or did you receive a phone call or a text or something like that? I don't, I don't remember if | was specifically notified that the meeting was not going to happen. Like | said, I know, | was told that (wasn't coming up and like | said, | don’t know if that was out of spite or, or if that was just that he was not available. | don't know. Do you know how you were told, was it by phone, face to face, text or maybe you just don't remember? {don't remember how the exact communication was. Ok. Do you remember when he had this face to face conversation? Do you know ifit was July 13" or not? I don't remember the date, Don. Ok. Did John ask you to go talk to the Undersheriff with him about this situation after he had a conversation with you in your office where he was venting? No. Did you have any subsequent conversations with Sgt. Koziol about this DEA drug investigation centered around Corpus Christi? No. Did you ever talk with anyone else about this DEA investigation? Yes ‘After the conversation that Sgt. Koziol had in your office, after July 13°? eS SE Page 17 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 a Q: Ok. Who did you have that conversation with? A: | hada telephone; | had a telephone conversation with the regional agent, Brian Besser, Q: Do you remember when that telephone conversation occurred? A: Thatwas shortly after Sgt. Koziol, through his attorney filed the petition for a special prosecutor. Q: Ok. That's just how you remember it. You didn't make any notation or anything fike that? A No @: Ok, Do you remember if you called Mr. Besser or did Mr. Besser called you? A: I called Brian Besser. Q: Did you call Brian Besser to discuss this investigation or did you have a number of things you were going to discuss with Mr. Besser then? A: Well | originally called Mr. Besser because after, from the gap of, when this conversation that Sgt, Koziol had in my office to when | actually called Brian Besser was a couple of months and through the course of those couple months, Sgt. Koziol was subsequently transferred to the Patrol Division and Sgt, Muraski was now taking over as a supervisor for the Narcotics Unit, so the fact that Sgt. Koziol was no longer the Narcotics supervisor and Sgt. Muraski was the new Narcotics supervisor, | was calling Brian Besser to request that Sgt. Muraski become a task force officer with the DEA. oem Eh Page 18 of 27Qa > McHenry County Sheriff's Office Ok. And so in this phone conversation, when you were discussing Mr. Muraski, did you bring up this investigation or did he? | brought up the fact that there was a petition filed for a special prosecutor, alleging misconduct of the Undersherif regarding, | guess compromising, potentially compromising an investigation. ‘And whet did Brian say? Through the course of the conversation, | asked Brian something along the lines of, you know, the DEA is a law enforcement agency that has, you know arresting capabilities with the Department of Justice and you know, if there was a problem that the DEA thought one member of the Sherif's Office, you know compromised an investigation, why wouldn't we hear from the DEA as opposed to someone filing an affidavit and Brian Besser's response was along the lines of, Jim, you basically answered your own question. If we had a problem, we would have either, you know confronted the Sheriff's Office about it or, you know launched our own investigation, Ok. Do you remember anything else that was said about that investigation in that phone conversation? Well, | alluded to, | remember, well alluded is not even the right word. |, |, was candid with Brian Besser saying that | know who this because in this, in the affidavit file in the courts, itidentifes the special agent as, you know, an unknown John Doe or whatever the case may be. But It doesn't specifically lay out who the agent is. | was candid with Brian in saying and said, “Listen, this agent is obviously @iiliand you know, what's going on as far as all this information?” He indicates that he spoke to (GBB about it and that @lkhad no knowledge that Sgt. Koziol was filing any kind of paperwork and that liwas upset that you imow, his that the affidavit alludes to that its him providing information, Ok. Brian also indicated that he’s, you know, been in communication with the Undersheriff and that he was following; Brian Besser was following his protocol and Page 19 of 27McHenry County Sheriff's Office xk, IL 60098 / (815)338-2144 chain of command as far as trying to coordinate some kind of effort to make some kind of statement indicating that you know that the DEA, that the DEA's investigation was not compromised. That the DEA investigation is still ongoing but the information that the Undersheriff or, 'm sorry, the information that was given to Brian Goode, you know didn't compromise the investigation and that Brian specifically says that when Breached out to John, it was all at the inquiry stages of the investigation. ‘Cause all they knew at that time was that they had a truck in Corpus Christi with a bunch of dope in it and there was some kind of information that the truck was, at ‘some point going to come up to McHenry County to the Rita Corporation. (Ok. Do you remember anything else that was said during that phone conversation? Not in that specific phone conversation because, ike | said previously, | was calling him about the task force spot for Sgt. Muraski; trying to coordinate some time for, cause there are some forms that you have to fl out. You have to be fingerprinted and you know and have a photo taken, so you know we were trying to coordinate efforts to try to find a good time when | can go out to there with Sgt. Muraski Introduce Sgt. Muraskito Brian Besser and all the agents and task force officers that may be in the office whenever we decide to go out there, joked about buying Brian : lunch, ‘Cause last time I was out there, a couple years ago, he bought me lunch so. Other than just trivial conversations, that was about it Ok. So that’s all that you can remember that was said during that phone conversation relative to the DEA investigation about the truck in Corpus Christi? Correct. Did you have any further, any later contact with anyone or discussions with anyone about that DEA investigation? Yeah, | ended up going out to Rockford and { can probably tell you the specitic date if you give me a second, | can look on my calendar on my phone, ‘cause | marked it down, | believe | marked down what day | went out there ‘cause I have a meeting setting on my phone. October 30", myself and Sgt. Muraski drove out to Rockford shortly after the command meeting; the 10:00 command meeting here at the Sheriffs i Page 20 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL. 60098 / (815)338-2144 Office and met with Brian Besser in the DEA Rockford Office. | don't remember the address but it's in the city of Rockford. Ok and the purpose of this meeting was to introduce Sgt. Muraski and to get him assigned as a task force officer? Correct. We were going to meet Brian, basically re-introduce cause | believe Brian, or I'm sorry, | believe Mike, Mike Muraski has worked with Brian before because Mike ptior to him being promoted was in the Narcotics division and you know worked with DEA before. Mike had to get his photograph taken, his fingerprints, so there was some administrative process that we had to do for him to get him, get, for the initial stages of applying to be a task force officer. Ok. About how long were you out there? A few hours, we were probably out there about two, two and a half hours. Ok. Did you have any occasion to discussion the DEA investigation with the truck that was stopped in Corpus Christ, Texas? We had a conversation, as far as the, | mean as far as the actual status of the, the particulars of the investigation, I didn’t learn anything new. | did have a conversation about the Corpus Christi investigation with Brian with Mike being with me. We sat down in Brian's office. Brian alluded to the fact a couple times that he was waiting for (GER cause @EEBWas supposed to, apparently he invited him to meet with us but he never showed up and you know in the course of waiting for 9 myself and Brian were talking about Sgt. Koziol filing this, the request for the special prosecutor and how Brian was working, He had been in contact with the Undersheriff and he says he considers the Undersheriff a very good friend and he feels, | guess powerless that he can't come out and make a statement on DEA’s behalf because he's walting for a response because there is a lot of bureaucratic stuf thru the DEA that, from what he is explaining, he had to go to. He had to forward information to the Chicago DEA office Page 21 of 27oer ESTES McHenry County Sheriff's Office which has since subsequently went to Washington D.C. And any response that was going to come back from Washington was going to Chicago office and subsequently to Rockford office. So there was a lot of bureaucratic red tape that he was waiting for. In the meantime, he was telling us that you know he can't make any public statement, per the DEA orders. He feels like he said, that he is powerless to, powerless that his friend is being dragged through the mud in the papers and in the media about this investigation and that he personally has spoken with one of the assistant United States Attomeys in the Rockford area and the Assistant States Attorney, specifically asked Brian listen who is this Andy Zinke guy and Brian basically vouches for Andy, saying he's a good guy. He would never willfully or wantonly compromise any investigation and that if Andy did give information to Brian Goode, that he understands why Andy would do that because he understands that, that he's trying to get information to help the DEA out and the A.U.S. A. the Assistant United States Attorney's response to Brian Besser, according to Brian was that, that's all I need fo hear. You know if you're vouching for him, then we don't have an issue with it. He, Brian indicated that you know, he wants to come out and meet with Andy but he just kinda wants things to, things to kind of cool down a litle bit because he thinks its important that Andy is seen in the Sheriffs Office and that there is nothing to hide. Brian reiterated that(@liwas upset that any information that (may have given John that John went and used information in a public forum by fing this in the courts. | specifically asked Brian ifthe investigation is still ongoing. He said, yeah. | said, so, through the conversation; | told Brian, | said so you know Brian indicated, should he, he questioned, speaking in questions, he says should have Andy or he said something along the lines of would | have preferred Andy not to tell Brian Goode, he goes, yes, but you know what? it wasn't a game changer type thing. It’s, he is a, when Brian speaks, he uses a lot of analogies and he basically says, the cat's out of the bag and | can't stick the cat back in the bag. He goes, so, we just moved on. You know it was one of those no harm, no foul things. We're moving on. with the information, | I'm trying to think some of the other things he was alluding to. We talked about you know, that the DEA has all the resources at the Department of Justice. If you guys Page 22 of 27on rme nS eannrn McHenry County Sheriff's Office have a problem, why wouldn't you launch an investigation? Again, he says, your right, you know. If we had a problem, we would have done our own thing. Do you remember if Sgt. Muraski said anything during this conversation or was it mostly you and Brian Besser? No, Sgt. Muraski didn't talk much. It was mostly conversation between me and Brian Besser. | do remember specifically asking, | asked Brian, | said is the investigation siill open and he goes well, yes. He goes we're stil trying to find out what's going on here. We don't know what the ultimate destination of the weed was and we talked about, you know how, just because, again how just because a name of a business is ‘on a delivery doesn't mean that that is the final destination. You know it could be you know the destination, the destination for the illegal contraband, the narcotics or the weed or whatever the case is could be somewhere, anywhere between Texas and llinois. Just because the Rita Corporation is specifically listed doesn't mean that is where the weed is going and they were trying to establish where that was going. And when Brian said the investigation was still ongoing and that he said that, you know about how if he would have preferred Andy not to have said anything, then that would have béen preferential, but you know what, no harm, no foul. | specifically asked Brian, | said so basically, with Sgf. Koziol isting all this information in an affidavit, he in turn is also divulging a current ongoing investigation in a public forum and he says, yes he is. ! said, ok. Ok, Do you remember approximately how long, just a conversation that you had, that, you just described here in front of Sgt. Muraski and with Brian? Do you know approximately how long that took? The, the conversation which was focused on, what we were talking about right now was probably about forty-five minutes in Brian's office. The remainder of the hour, hour and a half that we were there was basically the administrative stuff of Sgt. Muraski being finger-printed and photographed. We got a tour of the, the new office, I's a new office so we got a tour of the office, said hello's to Brian's secretary, you know and an agent that was in there, and just basically some of the work stations Page 23 of 27McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 eee that were in there and then we went out to lunch. Retumed back to the office and then subsequently left so. Q: And so you had no further discussion, at least on that day, with Brian about the DEA investigation? A No Q: Ok. Have you since October 30", had any further conversations with Brian Besser? A: Ihave, you know, I may have had a couple email things but it had nothing to do with this Corpus Christ investigation. It was all administrative stuff regarding the task force officer procedure for Sgt. Muraski Q@ Ok. A: Thatwas with just Brian Besser. @ Ok. Now have you had any conversations with anyone else about the DEA investigation, other than Brian Besser? A: Iran into, | shouldn't say ran into, well | saw(ia few weeks after | met with Brian Besser, in Woodstock, Ik. Q: Ok. And what were the circumstances when you ran into ia? A: We being the Sheriff's Office, the Narcotics Division, and some other personnel at the Sheriffs Office were prepating for an undercover buy/oust delivery for cocaine in Woodstock and there was a lot of personnel; ten-fifteen people in the parking lot preparing to deploy into the Woodstock area to prepare for the buy/bust, | was in the parking lot outside one of the buses ready to get in. | walked over to Sgt. ‘Muraski, who was sitting in an undercover vehicle. In the front passenger seat with | believe a DEA agent when (i | sec (EBB undercover vehicle pull in the Page 24 of 27WicHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 60098 f (815)338-2144 ase IR oer ee eg (asd parking lot. He parks, gets out of the vehicle and approaches me where I'm standing, He comes up fo me, I'm standing outside the front passenger window, talking to Sgt Muraski when {iicomes up fo me and says, something along the lines of, hey, how you doing and | said, I've been better or something like that. And he asked me if me and him are ok, meaning the relationship wise and | said, we're fine. | took that as, he was asking about all the information that was divulged in the affidavit. He said something about he is pissed about it. That was his words, upset about that information. | kind of just shrugged my shoulders and basically walked over to the bus to get ready for the operation ‘cause we were getting ready to go. @: Ok. Did he say who or what he was pissed about? ‘A: He didn't give specifics but | interpreted that he was upset about the events unfolding, about information and him being named in, not him specifically being named but alluded to in the affidavit, But he didn’t come out and directly say that. That's how | interpreted it. Q: Ok. Other than that conversation, while you were standing by the passenger window with Muraski sitting in the car, was anyone else sitting in the car by the way? A: Like I said, there was a DEA agent; | don't know who it was that was in the driver's seat. Q: Ok. Other than that conversation with (IB have you, did you have any further discussions with him that day about the DEA investigation or any other day? A: No Q: Did you ever ask (lo discuss this DEA investigation? A No Q: Why not? Page 25 of 27= McHenry County Sheriff's Office My, my belief is that this is a DEA investigation. Its, they'te spearheading it and they are actively investigating it. | was told by Brian Besser that they didn't have any kind of issue about any information that was divulged to Brian Goode and that the investigation was stil ongoing. 'm not a task force officer and the DEA Rockford office, and its their case, so therefore, | got enough on my plate as far as cases that {'m ultimately responsible for general investigators and narcotics officers that do non- DEA stuff in the Apprehension Unit, and the Evidence Division. They are their own law enforcement agency. They are doing their own investigation and | didn't feel | needed to ask them about their investigation. So you never attempted to discuss it with ia No Did he ever attempt to discuss it wth you? He told me that he was ordered not to discuss the investigation by his commanding officer, whoever that may be. When did he tell you that? He told me that when, when | was standing outside the undercover car, when Sat. ‘Muraski was in the front seat. Like | said, he alluded, he made a comment that he was pissed about it, that you know, he’s been ordered not to talk about it. Ok and you left it at that? Heft itat that. Now, | came to you approximately a couple weeks ago and | asked you for any documentation you would have relative to specifically this DEA investigation or really our, the Sheriff's Office, agreement with the DEA task force and you gave me essentially three sets of documents. The first document is the DEA Rockford resident office cooperative agreement, FY2013. The second is a DEA Task Force overview er Nn Page 26 of 27McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 ae Fl eVEec NM aa ke dale ae and the third is a collection of what appears to be John Kozio''s timesheets, for lack ofa better term. Do you have any other documents in your office or any custody of any documents that would or could shed light on this Corpus Christi DEA investigation at all? No. When you asked ifthere was any documents, | asked Sgt. Muraski to check in drug trak; which is a local database that we use regarding narcotics investigations, or any kind of narcoties intelligence. There was no indications in drug track, anything about Corpus Christi or the Rita Corporation involving rumors about the DEA thing. 1 asked Sgt. Muraski to look at any kind of case files that may be open or any kind of case files in the Narcotics office. He said that there was nothing in there and then the time sheets that you are referring fo are basically the, my understanding are the federal time sheets that the task force officers fill out fo justify their overtime because we are ultimately, our overtime is reimbursed, ifits a federal investigation and those time sheets did not indicate any kind of cases that were investigated that didn't date back from 2011. Ok. Is there anything else that you would like to add that you think could shed light on this internal investigation that maybe | haven't asked? No Do you have any questions of the Lt, Mr. Lutz? No Ok, then, | think this interview is concluded. It is approximately 3:00. et Page 27 ofTABGMcHenry County Sheriff's Office 2200 N Seminary Avene, Woodstock, I. 60008 /(815)33 CYNTHIA T. BOCKMAN. 12/0472012 [127047201 _ MCHENRY COUNTY SHERIFF'S OFFICE FRONT CONFERENCE ROOM, DATE TRANSCRIBED: _ INTERVIEW DATE INTERVIEW LOCATION: INTERNAL: _IRO17 LT WILDIAM LUTZ DONALD LEIsT [ SGT. MICHAEL MURASKG Q: tis approximately 3:00 p.m. on December 4, 2012. My name is Don Leist. | am the EEO/Legal Affairs Officer for the McHenry County Sherif, | have been charged with conducting an internal investigation. It's IR number is 017 into some allegations made against Undersheriff Zinke. This interview of Sgt. Muraski is being done pursuant to this investigation. And together with me in the Sheriff's small conference room is, as I said Sgt. Muraski and Lt. William Lutz, Sgt, you understand that this interview is being recorded and you have no objections, is that correct? That's correct. Q@: And you also know that although you are not a target of this investigation In any way, you do have the tight to have an attomey present, if you so choose? Do you understand that? A Yes Q: And you chose fo appear without an attomey? A Yes aie Page 1 of 8 [inieiacse WLMcHenry County Sheriff's Office ‘And you also know that I have myself, previously acted as an attorney for the ‘Sheriff's Office and members of the Sheriff's Office; however | am now not acting as your attorney and nothing that can be said here will be covered by the attorney-client, privilege. Do you understand that? Yes, sir. Ok. And lastly, you do know that you have a duty to testify truthfully and your failure to do so could result in disciplinary proceedings held specifically against you, Do you understand that? Yes, sit. Ok. We have been informed as a result of our interviews that there was a meeting that you had with the DEA in Rockford. De you remember having a meeting recently at the DEA in Rockford? Yes (Ok. Would it be fair to say that the date was around October 30" or do you know one way or the other? | don't remember the exact date, but it would have been sometime towards the end of September or maybe beginning of October, but yeah I don’t know exactly what day itwas, (Ok. Did you have to get fingerprinted and get certified as a task force officer? Yes, if you're talking about that meeting, yes I had finger prints done and filled out some paperwork to become a task force officer with Rockford office of DEA. Ok and do you remember that date? I don't remember the exact date; | would have to look at the paperwork. es Page 2 of 8McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 /(815)398-214 ere eee Ok, could it have been late October? Yes. Ok. Do you remember at that same time when you did the paperwork to be a task force officer, did you have any conversations with Brian Besser? Yes Who is Brian Besser? He is the, | believe he would be the resident agent in charge, | think is what he is for the Rockford Office for DEA Ok. Did you have any occasion to discuss a drug investigation that involved a truck from Corpus Christi, Texas that had as ultimate destination, McHenry County at anytime? Yes ‘Who was present during that conversation besides yourself and Mr. Besser? Lt. Popovits Anyone else? No Ok. Do you remember the circumstances of that conversation? Yes Page 3 of 8WicHenry County Sheriff's Office Q: Ok. What were the circumstances of the conversation? A: Brian Besser just wanted to let us know basically | guess his point of view if you will, of what was going on in the complaints that were filed by Sgt. Koziol. Q@: Ok. Do you remember what Brian Besser told you his point of view was? A: One phrase | can remember him actually saying is, is that if he’s not ringing the bell, the US Attomey’s Office isn’t going to be investigating this matter. @: Ok and what did you interpret that to mean? A: He said something and again this isn't verbatim but he said something to the fact of that he's basically works closely with the U.S. Attorney's Office brings them criminal cases for DEA and he didn't think anything that was done in regards to the complaints put forward by Sgt. Koziol merited him going to the U.S. Attorney's Office saying that, you know he wanted charges coming down on anybody in regards to that, @: Did he say one way or the other whether he thought anything Undersherff Zinke did jeopardized that investigation? A: He told us he kind of prefaced the whole conversation with is that he's basically been told by his office that DEA has no involvement in this matter, That's it’s an internal thing and he just wanted to let us know that he considers the Undersheriff a friend of his and he hopes everything works out, you know, here at the department. Again, his point of view, and the DEA’s point of view is an internal matter at the ‘Sheriff's department and not a federal investigation. Q: Ok. Was it his point of view that the Federal investigation was not compromised at all by Undersheriff Zinke speaking with Brian Goode? A; Can you ask me that question again? | just want to make sure | heard the question. Page 4 of 8McHenry County Sheriff's Office 2200N Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 Tero oh Rona @: Absolutely. Sometimes | ask very bad questions, so Ill try it again, Was it your understanding from that conversation with Brian Besser that Brian Besser's point of view was that Undersheriff Zinke did not interfere with the DEA ongoing investigation? ‘A; Inhis words, exactty is that, they didn't even have a federal investigation yet. That they just had information and that they were at an information gathering point, if you will. That they hadn't even opened up a federal investigation on it. They have a, sory Ijust became a task force officer. I'm trying to think of what they actually call them, it's a, they are "IY numbers’, basically we have “RD” numbers here, they have... Q: What's "RD" mean? ‘A; Report, basically report number here, Q@ Ok, ‘A; The federal version of that, they hadn't even pulled a number yet, so they don't even have, at the point, and again, ! wasn't even in the unit at the time, so | have no knowledge of this case unt | saw the complains but his words were, they didn't even have an investigation going at the time, they were just at the information gathering point if you will that they received information and they were just trying to figure out what they actually had. Q: Did Brian Besser indicate whether he thought Undersheriff Zinke had committed any illegal act? ‘A; No. He didn't say that he thought he committed any ilegal act. Let me add that...he never said that, he never said anything that, whether he committed an illegal act or not. He never, he | don't know how else fo say it, he never talked about i. Q: Ok. Did he say, whether the DEA was considering doing anything to Undersheriff Zinke for communicating to Brian Goode? wo nmin esr one te Page 5 of 8> McHenry County Sheriffs Office No, I never heard anything that DEA was looking at doing anything, no. He said, and {'m trying to understand the analogy, if Brian, he said if don't ring the bell, the U.S. Attorney Office isn't going to either? Yeah. My understanding of that was is that, he didn’t see anything illegal in what had occurred so that if he's not the one calling up the U.S. Attorney's Office saying, hey, you know, this screwed something up you know we need to investigate it, and then. his understanding is the U.S. Atfomey's Office is not going to be investigating anything. Ok. Do you remember Lt. Popovits saying anything to Brian Besser during this conversation about this DEA investigation? Did Lt, Popovits? ‘Say anything at all to Brian Besser about this investigation that you remember? He talked to him but | mean, | don't understand. (Ok. Sometimes that happens. | mean, 'm just trying to probe your knowledge as to exactly what you remember from that conversation cause } know it was, like | said, at least in October. But is there anything else that stands out about anything that Brian Besser said or anything that Jim said or anything that you said that sticks out in your mind other than what you already told us? Yeah, | mean, I'm just trying to think, If you don't remember, you don't remember, that’s fine. ‘Yeah, | mean, | don't know, exactly anything you know. | don't remember exact words you know or phrases, | don’t remember Lt. Popovits struck up a different part from the conversation you know, | don’t know if that’s what you're asking, | don't know. __ —— ——— a Page 6 of 8McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 6 Ok. Can you tell me anything else about this conversation that you haven't already told me? No, I wish | wasn't in the conversation Have you had any subsequent conversations with anybody at DEA, Brian Besser or otherwise about that investigation that you guys discussed briefly in that meeting in October? ‘The only other conversation | had was the first time | ran into(@ilafter that. He grabbed me aside right away and just said that he wanted to make sure that his being not named in the complaint, but everybody knows who special agent John Doe is. That — that’s not going to affect his relationship with our unit and that we'll be able to continue working and | specifically told him, I said | know nothing of the case ‘except what's in the case. | don’t want to know anything about the case and he said no I'm not here to talk about it. | just want to let you know that I had no knowledge that Sgt. Koziol was going to file that stuff. He goes, | understood that he was upset about the situation, but I just want to make sure that you know that I'm still going to back you guys up to do these DEA task force cases and hopefully that we're stil open to bring information to him in other cases. And that was the end of it, That was the only conversation | had. That's the entirety of the conversation you remember? Yeah, that was basically it between me and (libecause we were completely set for a cage. We were showing up to do a search warrant. | even told him, I said dude, we can talk about this another time if you want but we're here to do something else and he just said, | just want to put this out right away and just let you know that, you know, | knew nothing that he was going to do this and I just want to make sure that you stil rust that we can work together and that was the conversation with him, ‘Ok. Did you say anything to him? No, that was it that was my conversation to him. | fold him, ! said | don't want to talk to him, Let's focus on today's investigation. Page 7 of 8McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL. 60098 / (815)338-2144 ee @: Ok. Do you remember when that conversation was? A: Idon'twantto. Q: You don't have to give me a date. You were doing some other investigation? ‘A: Yeah, itwas another investigation, probably, trying to think how long we've been working this stuff now. Maybe two and a half weeks ago. Q—_ Okand you've never had any other conversations with any other DEA agent about that investigation? A: No.1 know four DEA guys, and those are the only two, Brian Besser and @ithat lve talked to in regards to this and them approaching me, Ok. A: I don'teven want to talk about this, ‘cause | don't know anything about it. 2 Q: Ok. That's all | have. Do you have anything? WL: No Q: Allright. This interview is terminated at 3:20. a Page 8 of 87bMcHenry County Sheriff's Office MCHENRY COUNTY SHERIFF'S OFFICE FRONT CONFERENCE ROOM Ok. It's approximately 12:35 p.m. on December 11, 2012. My name is Don Leist. 'm the EEO and Legal Affairs Officer for the McHenry County Sheriff | have been ordered to conduct an intemal Investigation — IR number 12-017 into some allegations against Undersherff Zinke, This interview of Sgt. Koziol is being done pursuant to this investigation together with me today in conference room are Lt. William Lutz, Commander John Miller, Sgt. John Koziol and his attomey, Jim Harrison, Sgt. Koziol, you understand that this interview is being recorded? Yes And do you have any objections to that? No ‘Ok. John, you also know you also know that you are not the target ofthis investigation and that you are merely a witness, You also know that you have a right to have an attorney present. tn fact he is here. You know all those things to be correct? Correct Interview of Sgt. John Koziol (R017 Page 1 of 63JH McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (8153382144 ‘You also know in the past, | don't remember off the top of my head whether | ever rendered legal advice to you but you know that | have rendered legal advice to members of the Sheriff's office before and it's important for you to understand now that | am not acting as your attorney now and that anything you say here will not be covered by the attomney/client privilege? Do you understand that? Yes So today I'm going to be asking you a series of questions and you must respond truthfully to my questions or your failure to do so could result in separate disciplinary proceedings against you. Do you understand that? Yes, sir ‘Now, John, you through your attorney filed a Petition for a Special Prosecutor in McHenry County Court, Is that correct? Correct And in that petition or included in that petition, you signed an affidavit. Is that correct as well? Yes In that affidavit, you described a series of interactions that you had with a vaviety of people relative to a DEA investigation where a truck that was bound, | think among other places | believe Rita Corporation in Crystal Lake. So my questions today will focus on those interactions you described in your affidavit and I will focus my questions today on any evidence that you may have that could shed light on whether Undersheriff Zinke committed any violations of the Sherif’s general orders, Do you understand that? Yes May | ask. tion? : lay | ask a question (Sum Soaesased ) ERR ON SAR EN Page 2 of 63JH: NicHenry County Sheriff's Office Of me? Sure. ‘Are you here representing the Sheriff today? am representing the Sherif, only for purposes of doing this internal review because t'm the only one that is outside the direct chain of command from the Undersherift. So the Sheriff has ordered me to conduct this internal investigation. So | am acting as his representative | understand, thank you. John, when is the first time that you ever remember hearing about a DEA investigation concerning a truck that was carying a, among other things, | think marijuana which had as its final destination Rita Corp in Crystal Lake? | think itwas on July 9", Do you have an independent recollection of it beyond July 9"? What do you mean by that? Ok, how do you know it was July 9° I would have to work back to to the Thursday, that Thursday was the date that ! had for sure that of a case that we did when | was in Narcotics and the information was there that | was able to work backwards through that week of for the actual date of the occurrence. (Ok. Did you make any notations at that time? No, I did not. Ok. Do you have any paperwork or any things that indicates that, any statements that you remember having this conversation on July 9"? No a Pago 3 of 63WicHenry County Sheriff's Office Q: Ok. You juist went back on your work schedule and sort of extrapolated that this is the date you think itwas? A Correct @: Ok, fell me again about when the first me you heard about this truck was on July 9h? A: [twas sometime towards the afternoon hours on July 9. Q@ Ok. And what did you hear? A: Special Agent contacted me and advised me of the truck that was intercepted down in Corpus Christy, Texas. Q: Ok. Now, Special Agent(EBis also referred to as A: Correct @: And he contacted you via phone? A: Correct Q@: And was anyone, where were you when this phone conversation took place? A: {believe | was in the parking lot of the Sheriff's Department @ Ok. Sohe called you on your cell phone? A Correct I Page 4 of 63= 2 2 McHenry County Sheriff's Office 2200N Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 Your office cell phone? Yes And what is that number? 815-482-2228 Approximately how long was this conversation? Maybe twenty, twenty-five minutes maybe. Ok. So tell me what he told you in this conversation? He told me that the truck was intercepted and he was trying to figure out the destination of where it was at. He advised me he was trying to dig up some. information on the business and he advised that it was the Rita Corporation. Ok. That's the first thing he told you? Yes And then what did you say? | told him, like | said, he was trying to figure out information on Rita Corporation and originally thought he was messing around, playing around with me and then once | realized that he was not playing around. | told him who the Rita Corporation was and who the owner was, Ok. What made you think he was messing around with you? Just cause | thought it was very common knowledge of who the Rita Corporation was. ee Page 5 of 63McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 60098 /(816)338-2144 Ok. In your mind, who was the Rita Corporation? tim sorry? In your mind, who was the Rita Corporation that was common knowledge? The Corporation that’s in McHenry County, Crystal Lake that the owner is good friends with Undersheriff Zinke. And what did you say toto sort of determine that he was serious? | didn't say anything to him because he kept on telling me that you know he was serious and | could tel that he didn't know anything about the Rita Corporation. ‘Ok. And what did you tell him then? | told him that the Rita Corporation, was the owner; Brian Goode was a good friend of Undersheriff Zinke. Ok and how did (respond? | don't know if there was anything out of the ordinaty in his response. Do you know what he said? No, like | said | know he had reached out fo other places to try and figure out who they were and stuff. Also, once we had that discussion of where it was going, who they were, it wasn't too much longer, that the conversation was over. (Ok. Did he want you to do anything? At that time, no, he didn't want me to do anything, ceo noone Page 6 of 63McHenry County Sheriff's Office | & 2200N Seminary Avenue, Woodstock, IL 60008 /(816)338-2144 Q: Ok, now | have reviewed in the past the DEA drug task force agreement. Are you familiar with that agreement? A: Yes Q: Ok. Inthat agreement, there is something identified as a task force officer. Are you or ‘were you back in, I'm sorry, July 9", a task force officer? A Yes Q: —_ Whowas your supervisor for purposes of, for being a task force officer? A: [took itas Special Agent QD Q: Ok. Now, Lt Popovits is also your supervisor, right? A: For the Sheriff's Department, yes. Q Yeah, but not for DEA investigations? A: Correct Q: Ok. Soas far as DEA Investigations goes, you are under the control and supervision of Special Agent iD o A: Correct ‘So at that time he didn't tell you to do anything? A: Not that | can recall unless | look back at my affidavit to refresh my memory a ttle bit 2 Sure if you would like to. re rnin Page 7 of 63McHenry County Sheriff's Office oe 220 Sanna Wet cH ‘A: No, that was the end of it. He just told me they need to gather more information before we did anything, Q: And just for my sake that was July 9"? A Correct Q: Ok. Did you have any further conversations with (ion July 9" after that conversation? A) No Q: — Whenis the next fime you had a conversation with anybody about this investigation? A: Itwould have been July 11". Q: And what happened on July 11"? A: July 11", I spoke with Special Agent (IED again. Q Ok A: About the investigation. Ok. And how did this conversation take place? A: By cellphone. Q: Ok. Did he call you or did you call him? A: I believe he called me. Q@: Ok. And when he called you, do you remember what time it was? REE Page 8 of 63McHenry County Sheriff's Office 200, Semirery Avenue, Woodock 8. COLE6/ (16) 8902106 No, | don't. How do you know it was July 11"? ‘Again, | was just working back from my Thursday date that { knew it happened on a ‘Thursday. Ok, you made no notations or anything like that? No ‘So on the date you think was July 11", @iiimade a phone call to you. Do you know where you were when you took this phone call? No, | don't recall, Ok. What did he say to you in this phone call? | believe... we were talking about other cases that were going on; how things were going and it was at that time we were discussing about you know they were trying to do a controlled delivery with a package that was intercepted down in Texas. He said the DEA wasn't, they were not going to be able to do that. { then asked him if | could brief my supervisors, | would have to look back at my affidavit again, | can't remember. That's fine, Then | had asked Special Agent (Bf | was going to be able to speak with Undersheriff Zinke about this investigation and let him know about the investigation | was doing. | told him | felt obliged or ordered to pretty much ordered to advise the ‘Sheriff's Department of investigations you are doing in the county. He said it would be ok to go ahead and let him know. l asked him if he would be willing to come out and talk to Undersheriff Zinke about the investigation and at that point he said yes he was. Page 9 of 63= 2 Mctienry County Sheriff's Office Ok. Back up just a litle bit for me because I've been at this twenty-five years, 'm not sure what you mean by a controlled delivery. What is a controlled delivery? A controlied delivery would be allowing the package under DEA’s control to come to the business and complete the delivery of wherever it was going to he unloaded at, | should say. Ok. And then at that point, they would just make the arrest of whoever takes possession oft, Ok and @iliiBindicated that a controlled delivery wasn't possible? Correct Did he say why? | believe he said at the time, he said it was the quantities were too low. It didn't meet the DEA Federal Officials. What are the required quantities for such a controlled delivery? I'm not sure, ‘About how long was this phone conversation, if you remember? It would just be an estimate of fifteen-twenty minutes, but again it's just an estimate. | don't remember. Ok. Did you say anything that you remember in response fo what he said to you? No, nothing in particular. Page 10 of 63,Qa McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL_ 60096 | (815)338-2144 Ok, s0 all you said is, would it be ok i! tel, did you say your supervisors or did you say, Undersheriff Zinke or the Sheriff, Do you remember? Undersheriff Zinke (Ok. Now why did you fee! compelled to tell Undersheniff Zinke? Just in past practices in investigations we have in McHenry County, whether it's our investigation or DEA investigation, we advise as Sheriff's supervisors to let them know about the investigation. ‘Ok. Did you include Jim Popovits in that request, Lt. Popovits or did you say just Undersheriff Zinke? I'm not sure. | don't remember if | said both. | may have said both but ! don't recall. Did you need permission under the DEA protocols to tell Undersheriff Zinke about the investigation that occurred in McHenry County? Did you understand my question or | can re-phrase. Yeah, if you could re-phrase ‘Sure. Did you have to ask Bit you could tell Undersheriff Zinke or could you have done it on your volition? I'm not sure Ok. Why did you ask a? Cause | didn’t want to compromise the DEA investigation, And what did Qi say? Page 11 of 632 McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woot 60008 / (815)338-2144 He said | coukl go ahead and tell him, He had a meeting set up between the DEA or Agent @iiand Undersheriff Zinke. (Ok. And was this in the morning or in the aftemoon of the 11" or do you remember? It's just an assumption, it was the afternoon hours, but | don't remember for sure. ‘You don't have to guess. So did you immediately go in and tell Undersheriff Zinke? | then went to; first | went to Lt. Popovits and let him know about what was going on. Where did this meeting with Lt. Popovits occur? Itwas in his office. And do you remember the date? Was it right after the phone conversation? Correct I'm sorry. | asked two questions. That was a compound question. If this were a deposition counsel would have objected. Let’s do this again. Where was the conversation? Itwas in Lt. Popovits’ office. Ok. twas actually this all would have been in the afternoon hours, I'm for sure because it was, and in fact I think the conversation was right around probably about 4:30, near 4:45ish because | knew it was at that time where Lt. Popovils was getting off duty at 5:00 and it was just before he was getting off duty. (Ok. And it was in Jim's office? Page 12 of 63,McHenry County Sheriff's Office 2200'N Seminary Avenue, Woodstock, IL 80098 / (815)338-2144 A: Correct Q: And about how long did this conversation take? A: With me and Lt. Popovits? Q Yes. A: Probably five minutes. @: Ok. And who else was in there during this conversation? A: Just me and him (Ok. What did you say to him and what did he say to you? Strike it, What did you say to him? A: Itwas just that we needed to just go talk to Andy, Undersheriff Zinke and let him know about the investigation. | can’t remember how much | told Lt. Popovits right there, if| just told him there was an investigation or if| actually briefed him on the full investigation. 'm not sure where it went @: Now, are you sure this conversation, initial conversation was in his office or could it have been in a parking lot? A: Im pretty sure it was in his office, Ok. And in his office what did he say to you or what did you say to him? A: Again | told him that we had an investigation that he was doing an investigation. | can't remember how much of the details | got in on the investigation with him but that ‘we were probably going to speak with him and Undersheriff Zinke. 2 Q: And what did he say then to you? er REEDS ie Page 13 of 63McHenry County Sheriff's Office 2200'N Seminaty Avenue, Woodstock, IL 60098 /(818)338-2144 | don't think he said a whole lot. He got on the phone. Called up Undersheriff Zinke and asked to come to his office and speak with him with me and we did, Ok, It was Jim's idea to go talk to the Undersherif of did you say will you come with me? Yeah, yeah, | pretty much said we have an investigation and [ think we nesd to brief the Undersheriff on this and... (Ok. And then Popovits said, yes. Right. (Ok. And how long did it take before you walked down to see the Undersheriff? He just made the phone call to ask if we could come down and then he must have said yes cause we immediately then went down to the Undersheriff Zinke’s office. Ok. Now this is al still on July 11" Yes. If youneed to refresh your recollection, that's fine. Yeah, that was stil on the 11". Ok. And counsel and John, | don't mind you reviewing your affidavit anytime your at a loss, but to an extent you can tell me what you remember, f you don't know, then of course, look at your affidavit because _. So, you went down to see the Undersheriff in his office, you and Jim Popovits, right? Correct ig Re Page 14 of 63,McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (615)338-2144 REESE EE And remember now, it's got to be around 5:00? A: Yeah, it's getting real close to it. Q: And was anyone else in Undersheriff Zinke's office when you walked in? A: No. Just the three of us. Q@ Ok. Did anyone wallc in during this conversation? A: I don'tbelieve so. @: Ok. How long did this conversation ocour? A; Idon't recall exactly how long. @: Do you remember if yau both sat down? A: Yeah, we both sat down Q: Ok. And Undersheriff Zinke was sitting behind his desk? Correct > Q: And who initiated the conversation when you guys walked in? I dont recall. = Q@ Ok. Was the door closed? A: I don't recall that either. Q: Ok. What do you first remember about that conversation? NCE Page 15 of 63McHenry County Sheriff's Office A: | think itwas just me starting to brief them on the investigation. Again just starting off telling them about the investigation, that the truck was intercepted down in Corpus Christy. Q@: And just so | understand, can you, to the extent that you are able to, tell me exactly what you told them? A ll refer to the affidavit again real quick. Pretty much just limited to what | knew at the time. That it was the truck with approximately four thousand pounds of cannabis was intercepted down in Corpus Christy, Texas. it would have an ultimate destination of the Rita Corp. That might have been the extent of it Q: Did (tel! you that there were other destinations for the truck? A: Notatthis time. Q: Ok. So all you knew at that time, was that it had the ultimate destination of Rita Corp? A Correct Q: Ok. And you had no other specific details at that time? A: Notthat can recall Ok. And what did, well who spoke next? A: think itwas Undersheriff Zinke then, that’s when he came right out and said that Brian was not involved. Brian Goode was not involved in this or is not involved in this. Q: And do you remember anything else he said? Again, if you don't remember, that’s fine. Ifyou need to refresh your recollection, that’s fine too. But just tell me if you're memory is exhausted at this time, A: Let me refer to my affidavit real quick ner Pago 16 of 63