McHenry County Sheriff's Office ox A; Undersheriff Zinke then said that a similar situation happened down in Fome, Texas. | believe he said that one of their employees was one of the responsible ones down ‘there for it and something, it happened about ten years ago. @: Ok. Do you remember anything else he said at that time? I think he said that Brian Goode would be willing fo cooperate and that he would be A willing to supply lke trucking routes, I think we did have a discussion about the controlled delivery; how they weren't going to be able to do the controlled delivery this time. Undersheriff Zinke said that Brian Goode would be wiling to provide the trucking routes and the anticipation of another load coming through. ( @: — Okand what did you say in response to that? 1 > A: I don't remember exactly what | said, if! said anything. Q@ You just don't remember? A No Q: Would you like to....need to refresh your recollection? A: Sure, Before we concluded our conversation, | did tell him that Special Agent ‘would be wiling to come out and meet with Undersheriff Zinke in order to brief him on the situation while he was still gathering his information. Ok. Did you ever answer in the affirmative to Undersherif Zinke's saying Brian Goode would be willing to bring Bills of Lading or trucking papers or whatever? A: Idon’t remember exaty if did say anything, I don't remember. . ee nr Page 17 of 63McHenry County Sheriff's Office 2200 N. Sominary Avene, Weodstock, L 60096 /(815)998-2146 Ok. Do you remember if Lt. Popovits said anything during this meeting? I don't think he said a whole lot at all, if anything? Ok, but nothing you can remember, right? Correct ‘And how long was this meeting, approximately again? ‘Again, maybe fiteen-twenty minutes, | don't know for sure. Ok. And did you leave, well tell me how I'l back up. Tell me how the conversation concluded. Tl have to refer to the affidavit again, please. ‘Towards the end of the conversation, was that the DEA was still getting all their information together and that hopefully they were going to have all their information together by Friday and that’s when Undersheriff Zinke said that he was having lunch with Brian Goode on Friday, And he implied I'm not going to say anything to him about the investigation. At that time, did you say don't say anything to him or did you say anything one way or another to him about that? There was conversation | think it was something along the lines of, again, how we talked, yeah we can't do anything. We've got to wait for them to get information to get alll their facts together. Because | knew that Special Agent (EB was having a difficult time getting a hold of the DEA down in Texas fo get more on the case. Ok. Did, then after the conversation concluded, then did you leave or did you and Lt. Popovits leave together? I don't recall if one of us left separately. | don’t recall if we left together or not. I'm not sure. Page 18 of 63JH: McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock IL 60098 /(818)298-2146 Ok. Did you have any further conversation with Lt. Popovits on July 11" about this, investigation? Not that I can remember. How about Undersheriff Zinke other than what you just told me about? Not that | can remember. (Ok. Then when is the next time you had a conversation with anyone about this Texas investigation? ‘What was that the 11"? I'll have to go back and refer to my affidavit. | believe it's gonna be the 12" When you say the Texas Investigation, you mean the whole deal? Yes Itwas on the 12", July 12", So the day after, I'm sorry. And what happened? I was, | had a face to face meeting with Special Agent (Mand that’s when he told me that the investigation was a lot larger than he had originally thought, He told me that the separate offices, or at least separate agents | should say, in DEA were tracking shipments to this area but that they weren't putting the connection together, that they were related because they didn’t realize the proximity of the towns to where they were. Ok. Tell me where did this face to face conversation occur? Itwas out in Belvidere. rc Page 19 of 63,WicHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 Q: Do you have an independent recollection of where it being out in Belvidere? A: I don't remember the name of the golf course. Q: Ok, Sowas this, I would guess this is your day off? A: Nol was working afternoons that day. So it was all in the moming. Q: Ok. And @D golf with you? A: Yes. Q: Who else was in your foursome, so to speak? A: Special Agent McGovern and Task force Officer Neumann. Did you talk at all with Special Agent McGovern or Neumann about the Texas Investigation? ‘A: [don't think so. | think all the conversation was all between me and Special Agent Q: Ok. What, tell me about this conversation that you had with Special Agent relative to this investigation, ‘A: Like I said, he said this investigation was larger, that there were more shipments that ‘came through in the past that they were taken off, They had other destinations to; one other one was in the McHenry County area, one other was actually in Cook County. They were starting to put the pieces together; they were still having a hard time putting the pieces together; how the investigation was connected, but that they felt it was connected. Q Now, I'm sure you golfed about eighteen? A Yes teen Page 20 of 63WicHenry County Sheriff's Office Of the time that you were golfing, how much time was spent talking about this Texas investigation? Not fo0 much. It was all the information that we talked about, about the investigation; was all before we even started, | don't believe we talked about it during golf. We just talked about other cases, other things, whatever the case was happening. And the last conversation we had that day about itwas me confirming that he was going to still going to be able to meet with Undersheriff Zinke on Friday moming. Ok Initially when he told you before you started golfing, did you say anything in response to Special Agent(l—when he said this is a bigger investigation than he originally thought? Did | say anything to him in response? Yes | guess, good. It just sounded good, It was good information. Looking forward to the investigation as itwas going to go forward. John, I don't want you to guess if you remember, only from time to time | would ask questions, To that extent that you remember. Nothing specific. ‘Ok. Now, you golfed and then you said, was it at the end or was it still face to face when he told you about the second conversation about what he was going to do? We were still face to face and it was at the end of our day together. (Ok and what did he say? That he still wanted to have the meeting and they were going to try and do it at 11:00 o'clock, oe Page 21 of 63Q@ McHenry County Sheriff's Office IL 60098 / (815)338-2144 11:00 o'clock when? On Friday, the next day. So you were golfing on Thursday? Correct And did he want you to do anything to set up that meeting or not? Get a hold of Undersheriff Zinke and let him know about the meeting ‘What I'm trying to figure out is were you the intermediary? Were you supposed to schedule the thing or was he was just merely telling you, hey, 'm going to meet with Undersheriff Zinke tomorrow at 11:00? You see the difference? Yeah, | don't think | was told to set it up, but | think it was implied between both Undersheriff Zinke and Special Agent (EM that ! was the intermediary. Ok. Do you remember saying anything else or did you just say ok? Nothing specific, | can't remember exactly what | said. ‘Ok. Then when is the next time you had a conversation with anyone about this DEA Investigation? ll have to refer to my affidavit again, please. twas right after I was gone. | was already driving back fo the county and Undersheriff Zinke had called me on my cell phone and asked me what was going on with the Rita Corporation investigation, rere Page 22 of 63‘Ok now this was on your office cell phone? Correct Now this was after you golfed and after you had the conversation with (ian about setting up the meeting? Correct He called you and what did he ask you? If there was any new information on the Rita Corp investigation. ‘And what did you tell him? | told him the supplemental information that Special Agent (INI told me about the new uh the case becoming bigger that was expected. That there were more shipments that came through that were intercepted in prior months. ‘And what did Undersheriff Zinke say to you then? I don't recall exactly what he said. Did you tell him about the 11:00 o'clock meeting? did, What did you say exactly, if you remember? I'l refer to the affidavit, just for specifics but. I don't think that's in there, but if you certainly can look, rn Page 23 of 63McHenry County Sheriff's Office Yeah, | just told Undersheriff Zinke that Special Agent (would be able to be up there, be up at our office on Friday at 11:00 o'clock. Ok. And do you remember anything else about that conversation? What he said to you or you said to Undersheriff Zinke? No Allright. So after that Thursday evening conversation, did you have any further conversations with anyone about the DEA investigation after you had your conversation with Andy Zinke on the phone? ‘Yeah, | then called Lt. Popovits and told him the same thing. What did you tell Lt, Popovits? Pretty much the same thing | told Undersheriff Zinke That the investigation was getting bigger? Unh-unh (atmative response) And there were numerous shipments? Correct Anything else? The same thing about the meeting Now, was Lt. Popovits supposed to attend that meeting? I don't know. It was going to leave it up to them if they wanted him to or not. Itwas not set in stone for him to be there or not being there. rrr errr err cre Page 24 of 63eam McHenry County Sheriff's Office (lg a 2200, Seminary Avenue, Woodstock, IL 600081 (8158802144 (ce Q: Did you ask him ifhe was going to attend? A: I don'tthink I did, @: Ok. Were you supposed to attend? A; lassumed so but that was just an assumption on my part that ! would have been there. Q: Ok. @iiBnever said, “Are you going to be there?" AL No, ‘You just assumed you were going to be there. Did Undersheriff Zinke ever ask you to be there? A: I don't believe so. @:—Thatwas your normal working hours then, at 11:00 o'clock? A: Nowe don't. I mean, there is no such thing as “normal working hours” in narcotics, so. Q: Ok. You weren't assigned like aftemoon shift or morning shift? A: No. We flex our hours to get the job done, Q: — Whenis the next time you had a conversation with anyone about this DEA investigation after the phone call to Lt. Popovits? A It would have been on Friday, Friday the 13". (Ok. And who was that conversation with? rr Page 25 of 63McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 /(815)338-2144 ‘That was again with Undersheriff Zinke. ‘Ok. And who was party to this conversation on Friday, the 13"? | believe it was just me and him, He was asking me ifthe meeting was stil scheduled or still on with Special Agent (ED for 11:00 o'clock? Was this a face to face meeting? Refer to the affidavit, | don't recollect that, | don't recall if that was face to face or not. He called my office phone or cell phone. Im not sure how the conversation happened. ‘Ok. So you don't know if it was... Could it have been a text? Ijust don't recall. So you don't know ifit was by text or phone conversation or face to face. Tell me what you do remember about that conversation or meeting? Itwas just, it was pretty short, He asked me if the meeting was still on for 11:00 o'clock. | told him | was still trying to get a hold of Special Agent (and that was pretty much the end oft. Ok. So, a minute? Yeah, maybe. ‘And what did you say when he asked you that question? That | was still trying to get a hold of Special Agent GD He asked you if you were stil trying to get a hold of him and you said, no or yes, I'm still trying to get a hold of him. Page 26 of 63McHenry County Sheriff's Office He said the meeting is, “Is the meeting stil going on?" @ Ok. A: |said, I believe so. I'm still trying to get a hold of Special Agent (QM | was trying to get a hold of him prior to that. Q: Did you get a hold of Special Agent EP A: Not untila litle bit later after that. im not sure how much longer after that but it took awhile Q: Ok, what time was your conversation or meeting with Undersheriff Zinke when he asked about the whereabouts of i? A: Not sure. | know it was before 11:00 o'clock but I don't know exactly when. Q: You don't know how much before? A: No. Q: When, if you remember, when did you have a conversation with (ir ‘A: Itwasn't until after Ihad another face to face conversation with Undersheriff Zinke and Brian Goode in the parking lot. Q: Ok. What time did you have a facé to face conversation with Brian Goode and Undersheriff Zinke in our parking lot? A: Ithad to be right around, just a litle bit before 11:00, to just around 11:00 o'olock. @_Presentin this conversation were, you, Brian Goode and UndersheriffZinke, Anybody else? Page 27 of 63= McHenry County Sheriff's Office a 2200 N. Seminary Avenue, Woodstock, IL. 60098 / (818)338-2144 Q: Did anybody walk in during the conversation at all? ‘A: I don't recall anybody walking past us or anything, It's possible, but | don’t remember. Q: — About how long was this conversation? A: Maybe five minutes. Q: Ok. Tell me about this conversation. ‘A; Iwas outside in the parking lot. | had seen Undersheriff Zinke and Brian Goode ‘walking through the parking lot from, walking I should say to the Sheriffs Department from the parking lot. | believe at that point, Undersheriff Zinke saw me standing there, He walked up fo me with Brian Goode. He introduced us. At that point is when he told me that, he said | told Brian everything, ‘Ok. Before he introduced you and Brian, had you met Brian Goode before? 2 A: Ihave. Q: But Undersheriff Zinke introduced you again? A: Correct. Q: Did you happen to say anything to Brian Goode at the time when he introduced you to Brian? A: I might have said I think we met before. @ And again, you don't remember, you don't remember. Do you remember saying that? eer Page 28 of 632 2 McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (816)338-2144 Yeah, think | do remember saying that. I remember saying that we had met before but... Ok. Then you indicated Undersheriff Zinke said "I told him everything?” Correct ‘And what did you say then? Not too much right after that. Undersheriff Zinke then 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 ago. The majority of the conversation was between the two of them on how long ago that happened and I think Brian Goode said it was not in Forne, Texas. It was another location. | don’t recall where he said it was. That's it Ok. After the Undersheriff and Brian Goode had that conversation, did you say anything? 'm, | can't remember anything specific. 'm sure there was small talk going back and forth but... ‘Ok, what did you understand, “I told him everything” to mean? Told him about the investigation, told him everything at the time. ‘And what did you know at that time? About the first load that was taken off at least that we knew of and then the ‘supplemental information about the other trucks coming to the area, Ok. Do you remember any other specific details about the investigation at that time? No, nothing specific, ea Page 29 of 63McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 /(815)330-2144 (Ok. Do you remember anything else that Undersherff Zinke said about the investigation other than what you just tokd me about right here? No, nothing specific (Ok, And then you said this conversation was how long? Itwas short, about five minutes. And this.. it's 11:05 now, 11:10? {twas right around; | don't remember the exact time. Ok, buti’s after 11:00? Correct. Ok, did you try to contact again? I did, Was that at Undersheriff Zinke’s request? No that was still my request. | felta litle hanging out there. It’s, lke I said! felt ike | vas the one who set up this meeting and between the Undersheriff and Special Agent (land he wasn't showing up so | kind of fetta little obligated why this meeting wasn't occurring and way he wasn’t responding to my phone calls, Ok. What time did you get a hold of Special Agent i? | don't remember the exact time. It was not too much longerafter that though. ‘Within ten minutes? Page 30 of 63McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woo You asked me not to make a guess. | know. That's fine. 'm just tying... I don't recall. | wish | did. I'm just trying to understand. Was it an hour later because an hour hanging out there is different than hanging there for fifteen minutes. | don't believe it was an hour, It was within the hour. (Ok, And how many times did you try and call him, Special Agent ar Numerous is the easiest way to say it. Right and finally, he, one of the phone calls he answered? Correct And uh, what did you say to him? | kind of asked him if he was going to make it to the meeting and he was stil working at the office. They were tied up on other cases and everything else and stil working on this case, specifically. | told him that about the conversation with Undersheriff Zinke and Brian Goode; about how, basically told him that, what Undersheriff Zinke said about | told Brian everything. And he replied that he wasn't too happy. Did he really reply 'm not too happy or what exactly did he say? He pretty much said “Are you fucking kidding me?” (Ok. And what did you say? Nothing specific excapt for you know... | don't know what my response was. snes en Page 31 of 63McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 /(815)338.2144 Ta aS Do you remember if you said, yes or no in response to are you fucking kidding me? {didn’t say yes and or no but | think by the conversation that we had he knew | wasn't joking. By asking the question, are you fucking kidding me, he knew ! was not joking around. What else did he say after he said are you fucking kidding me? | think that was pretty much it. He said he wasn't going to make the meeting, He was still up in Rockford and it was already after 11:00 o'clock, so he wasn't going to be there at 11:00 o'clock and we were going to try and set something up for another day. Ok. Did EE if you know, did @iiliBanticipate Brian Goode being at this meeting as well? No Ok. So he couldn't make the meeting, couldn't make the meeting because he got tied up in Rockford somewhere? Correct Ok. And about how long was this conversation? Itwas short, About as long as it would have taken to just say what we just talked about. Ok. After you hung up with (IB what did you do then? 1 have to refer to my affidavit ‘You just don't remember what happened then? Page 32 of 63JH: JH: McHenry County Sheriff's Office 2200'N Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 rae |just want to refer so I get the order proper. Once I got off the phone with Special Agent (lB that's when | let Lt. Popovits and Undersheriff Zinke know that Special Agent (was not going to make the meeting, ‘And how did you do that? I believe that was by text Did you text Lt. Popovits and Undersheriff Zinke? ‘Yeah, | think I double texted, I texted both of them. So it was the same text with both of them? believe so. Do you still have that text with you? I got a different phone right now, so. ‘You have a different phone now? Yeah, so it's somewhere so it's lost. | don’t have it. Ok. Was ita department phone? Itwas, Do you stil have the same phone you had? ‘Same phone number but it's not the same phone. At the time, | had an E-phone, so if | still had that, I would still have those texts but | don't believe those texts would have es Page 33 of 63McHenry County Sheriff's Office transferred over to my new department phone...same phone number, but its a different phone, @: — Doyou still have an L-phone? A; No, isa flip phone. I don't know what they're referred to. @: — Soyou had an, what is it phone 4S or do you know? A No, Ihave no idea. Q: You can tell how tech savvy | am. You don’t make a habit then of destroying your texts after you make them? (ec Nol Q: Ok. Is there any protocol back then in Narcotics about destroying texts after you finished with them? | don't believe there is anything. Q: Ok Are there any DEA regulations about that? A: Notthat | know of. Q: Ok, Soyou believe you sent a text to Lt. Popovits and Undersherif Zinke. Do you remember what you said exactly? A: No, just that the meeting was canceled. | don't remember anything specific about it. @: Essentially, thats all you said, A Yes cern Page 34 of 63McHenry County Sheriff's Office 2200 N Seminary Avenue, Woodstock, Il, 60098 /(815)338.2144 ecole eae Ok. After you made that text, when is the next time you discussed this DEA investigation with anybody? A: Iilltefer to the affidavit again for timeline purposes. It was sometime after | sent that text that I had went to see Lt. Popovits in his office and told him that Undersheriff Zinke had told Brian Goode about the investigation Q Ok. Nowif you can help me out as to what you mean by “sometime after that text’. How much time? A: Had to be afier lunch sometime, so. Q: __Ifthat’s what you can give me, that's what you can give me, ‘A: That's about the best I can do for you. C. Q: Ok, 80 you went to lunch? A: Well, I don't even know if | ate lunch that day, to be honest with you but think it would have been when he got back, Lt. Popovits got back from lunch. | don’t think it was right away. | have, if | remember correctly, it was, itwas sometime after lunch. Another hour, hour and a half maybe. Not sure how fong it was. Q: Ok. And where did you have this conversation, Lt. Popovits after lunch? A: Itwasin his office. Q: Who was in his office at the time? A: tbelieve it was just me and him. @: Ok. And what did you say when you went in his office? A; That Undersheriff Zinke told Brian Goode about the investigation. ( nee Page 35 of 63> > McHenry County Sheriff's Office 2200 N, Seminary Avente, Woodstock, I, 60098 /(815)398-2146 And wihat did Lt, Popovits say in response? | don't recall his exact words, if he said, ! don't recall, Ok. Did you ask him, meaning Lt. Popovits, did you ask Lt, Popovits to do anything? No Did he ask you anything? \ don't believe so. Did you indicate any course of action that you were going to take? No Did he ask you what you were going to do? I don't believe so. ‘What else do you remember about that conversation other than what you just told me right there? That was pretty much it And how long did this conversation take? It was short, five-ten minutes, maybe. Ok. Afier that five or ten minute conversation with Lt. Popovits, what happened next? | believe that was the end of it.WicHenry County Sheriff's Office joc 60096 (815}398-2144 (Ok. When is the next me then you had a conversation, then about the DEA investigation after the five or ten meeting with Lt. Popovits? I had another conversation with Special Agent (IIB | do not know the date or time. Itwas at that point., i was pretty much stunned how things were playing out here; certain information was happening, s0.. Ok, tell me, when were you stunned? From the point of the parking lot fil now. Ok. Did this conversation that you just told me about with i Do you remember if it occurred before or after your five to ten minute conversation with Lt. Popovits? The conversation we're now talking about here, this was after. This was I mean. probably days after. (Ok. And was that conversation face to face? I don't recall What do you remember about the conversation? At that point | pretty much told Special Agent (that we you know we both agreed that the investigation had the potential fo 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 | got notified that } was being sent back to the road, This conversation happened affer that. That was when | told Special Agent(M that the investigation should obviously continue but he should leave me out of it. | said with me going back to the road, it would be senseless for me, to involve me anymore in the investigation. Page 37 of 63WicHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, {L 60098 / (815)338-2144 Ok. So we can pinpoint this conversation a little bit. When were you transferred to on the road, if you remember the date? Itwas that following Monday, so Friday was the 13", so the 16" then. Ok. So, Monday the 16", you were notified you were being transferred to the road. How were you notified? Lt. Popovits and Undersheriff Zinke told me in Lt. Popovits's office. (Ok. Now were you told, bad question. Were you, when you were fold on the 16” that you were being moved to the road, was that before or after your phone conversation with @iiiwherein he indicated that he thought the investigation could be compromised? ‘The conversation happened after | found out | was going back to the road. ‘Ok. Do you remember if it happened that day or? No, I don't believe so. | think it was at least a couple days after that. Ok. Do you remember if you called him or if he called you? I don't recall. Was ita phone conversation? {don't recall. Now you indicated that(iibelieved that the investigation had been compromised? Yes. Page 38 of 63A McHenry County Sheriff's Office 2200.N. Seminary Avenue, Woodstock, IL 60098 /(815}338-2144 Did he, what were his exact words; if you recall? I don't recall the exact conversation. Ok. What made you believe that thought the investigation was compromised? It was just our conversation back and forth. Like | said, | don't remember his exact ‘words for it, but don't know what else to tell ya. | don’t remember his exact words. (Ok. Do you remember anything else about that conversation? No. Do you remember anything that you said to@labout that conversation? No After you told him that, you said that you want to be kept out this DEA investigation because you've been transferred to the road? Yes Did you say anything else to him at that time? I don't remember. [ don't recall ‘Ok. When is the next time that you had any conversation with anyone about this DEA investigation? t'm trying to put the dates and times, that's why its hard. It might have been during this conversation I'm thinking. | just can't remember ifit was this one or another conversation with Agent (when he told, he told me that he told his bosses about what had happened and that they talked with the U.S. Attomey about what had Page 39 of 63z= WicHenry County Sheriff's Office 115)338-2144 happened and that both U.S. Attomey and his bosses were not pleased. They were extremely iitated at the tum of events. Did he say why they were initated? If remember correctly, the U.S. Attomey.. | don't remember if that was him or his boss. Basically, they were very mad and they made a statement along the lines of, that's criminal, that's obstructing an investigation. Who said that? Special Agent (EE told me that. Ok. And who does Special Agent (IB said that’s criminal, that's obstructing? | can't remember if that was the U.S. Attorney or his boss. | can’t remember which ‘one but it was one of the two. Kevin Powers? I don't now Kevin Powers. Jack Riley? don't remember who but his boss. He just sald my boss, so { don't know if he was referring to Brian Besser or it he was referring to Riley, And Brian Besser is Special Agent @EEEBimmediate supervisor? Correct ‘And | know you were just talking out loud. Did this conversation where (Bis felling you what the U.S. Attorney and his boss said...did this occur after you told Page 40 of 63NcHenry County Sheriff's Office 2200.N Semmary Avenue, Woodstock, IL 60098 / (818)338-2144 them that you wanted fo be kept out of any further investigation of this truck coming up from Corpus Christy, up to Rita Corp? It might have been right around the same time. I mean he, Special Agen didn't care what | said. I mean he stil wanted me involved in the investigation, so he, later on another incident we can get to...he wanted me to go out with him to brief detectives out in Schaumburg to let them know ‘cuz one of thw locations was in ‘Schaumburg. So he wanted to go talk with detectives out there about the investigations so they could keep an eye on one of the businesses and he wanted me fo go out there with him, And I told him basically, what did I tefl you. { don't want to be involved with this and he basically just said, shut up. We're going for a ride and stuff. So [mean its, Do you remember the day you went out to Schaumburg? Idon't recall, Ok. Did you go out to Schaumburg with hin? I did. And you were assigned on the road then? No, | was sii already in Narcotics. 1 was told on the 16" that | was going back, but my assignment date wasn't effective until September 9" or 10”. Ok, so | misunderstood. | thought as of that Monday, you were on the road. ‘That's just when I was notified | was going back. And so on that Monday, you were notified that you were going to go back on the road by what date? ‘September 9" or 10". meen Page 41 of 63WicHenry County Sheriff's Office 2200 Sominay Avenue, Woodstock, I. 60006 /(816)390 2144 @: Ok. So you don’t remember the date that you went out to Schaumburg? A: Correct @ Now, did you ride out together to Schaumburg with Special Agent a? A: I think we drove separately because he was doing something down in Chicago at the time so | just met him down there. Q: Ok. In between this phone conversation and your trip to Schaumburg, did you have any other conversation with anyone else about this DEA investigation? A: Well, it was after | found out about Special Agent (ilelling the U.S. Attomey and telling his bosses, | went and told Lt Popovits that DEA and the U.S. Attomey's Office were not too happy with us. ‘ Q: Ok, And when did you tell Lt Popovits this? A: Idon'thave the exact date. Q@: Can you give me a general timeline? A; _ Just that it was after that conversation with Special Agent (about them, you know, Basically when he found out, is when | told him, Lt. Popovits. @: Who was in the room when you told Lt. Popovits? A: [believe it was just me and Lt. Popovits Q@: And was that in his office? A: Yes @: And how long did this conversation take? ‘ ce ~ Page 42 of 63McHenry County Sheriff's Office Five-ten minutes. ‘Ok. And what did you say to him to the best of your recollection? Pretty much, that's it. | said DEA and the U.S. Attorney's Office were not happy with us and hope that this incident doesn't strain relations that we have with DEA and that was pretty much it Ok and what did Lt. Popovits say to you? I think he said something along the lines of, well of course | was concemed about the investigation being compromised, at least in their beliefs that it was compromised and everything. | believe at that point, he said well it wasn't you that did it, so don't worry about it or something along those fines. Why did you think the investigation was compromised? | think the simple fact of having the owner of the corporation of where the destination ‘of where the truck was coming to having to know about the investigation | don’t think was a very wise move. Ok. Any other reason you thought the investigation was compromised? There was a point that we knew that the truck, it seemed that the routes that the trucks were coming in, | don't want to say not necessarily say steadily but it seemed ‘sometime after this point that all the shipments had stopped and | don’t remember if that was before this conversation or after this conversation about the compromised and stuff. Trying to get all the time frames down together. After one point, we did leam all the shipments had stopped. ‘You don't know when that day was that they stopped? No, I don't SS Page 43 of 63,> = McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL, 60098 | (815}338-2144 Any other reason why you believe the investigation was compromised? That's pretty much it. ‘So you had a five to ten minute conversation with Lt, Popovits where he told you, welll you didn't do it, so don't worry about it. Do you remember anything else he said? No, not specifically. Do you remember anything else about that conversation? Nothing specific. (Ok. Did Lt. Popovits ask you to do anything? No Did you ask Lt. Popovits to do anything? No (Ok. At that point, when is the next time you had a conversation with anyone about this DEA Investigation, after this meeting with Popo? Well, it would have been the meeting with Schaumburg and ‘cuz did that. Ok. Tell me about that. The meeting with Schaumburg. Do you happen to remember the date? No. And so you drove out separately? Correct Page 44 of 632 WcHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 ‘And where did you go in Schaumburg? Just to their investigations division, bureau office I guess you could call it. ‘Ok. And who did you have a conversation with there? {don't remember all the guys there. There were probably between their supervisor and their detectives, probably anywhere between five to six other detectives. | don't recall any of their names or who they were. Ok. Did you know these guys? No, never met them before. ‘Ok. Did you have a conversation with these five to six guys that you didn't know? Pretty much the conversation was allSpecial Agent (IB pretty much briefing them on the investigation you know. I know they were talking about the business and what business it was and asking them fo keep an eye on it. Try to get license plates and just general intelligence information from that business and that was it. Ok, Basically, are you referring to Rita Corp? No, this was, it was that part of the investigation. This part was they were talking about other truckloads coming in, so one of the routes, one of these truckloads was intercepted for a destinationat a place in Schaumburg, Ok. ‘Which DEA made the conneetion that somehow, this other place in McHenry County and at Rita Corp and then one in Schaumburg, somehow they made a connection that these were associated with each other, so they were specifically talking about the business that was in Schaumburg. cnn Page 45 of 63> NicHenry Gounty Sheriff's Office 2200 N Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 Gotcha, Did anybody say anything about the investigation with regards to Rita Corp? Yeah, that was brought up cause it was part of the investigation between (land the detectives. The detectives you don't know? Ym sonry? The detectives that you don't know? Correct Ok. But they were Schaumburg cops? ok. Ok. What did IB say to the best of your recollection? Just what | said, That he was just asking them to keep an eye on this business, look at the business, etc., get license plates and what not and, Ok, that's what confused rhe ‘cuz | said, you said that before and | said, the business was Rita Corp and you said no. We're not talking about the business; we're talking about the business that was in Schaumburg. Correct So I'm just trying to understand. Did anyone talk about Rita Corp in that meeting in Schaumburg? nd Page 46 of 63,ea ST Ne TT SS ee McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60098 / (815)338-2144 Tae Yeah, they talked about it. | mean that's how when (liwas briefing them or ‘Special Agent (IED was briefing them on the investigation, He was talking about all the businesses. Do you remember anything else that (said? He did inform them about Undersheriff Zinke telling Brian Goode about the investigation. Ok. And do you remember anything else that was said by anyone at this meeting? No that was pretty much it. Ok. Did you say anything at this meeting? No, | was, didn't say a whole lot Ok. So after the Schaumburg meeting occurred, did you say anything else to Special Agent about this investigation? No, | don't think we had any more conversations about it. | can't remember if there ‘was anything, I don’t remember. ‘Ok. So after the Schaumburg meeting, when is the next time you had any conversation with anyone about this DEA investigation? Would have probably been, the next person would have been my attomey. ‘And who is your attomey? Originally | spoke with Mr. Harrison, who then referred me then to Mr. Nye. And why did you go to an attorney? Page 47 of 63A McHenry County Sheriff's Office 2200N. Seminary Avenue, Woodstock, Il, 60098 / (815)338-2144 Nips DonaldB. beist © sast7s | started to feel, | don't know if necessarily responsible but at this time | felt that a crime had been committed. | knew the DEA was not happy. | knew the U.S. Attorney was not happy. | saw that no action was happening. ! was concerned that something happened and no action was being taken. What crime did you feel had been committed? At that time, obstructing. Anything else? Then you know | was looking through the General Orders, found some things in the General Orders that seemed to be appropriate. Are those the General Orders that were listed in your affidavit? Correct Anything else? No, that’s about it. ‘Ok. Did you think that the violation of the General Orders were a crime? At the original meeting, | wasn't too sure ‘At what point did you become sure? After speaking with my attorney Js that Mr. Nye or Mr. Harrison? {don't recall which one it was. . RO Page 48 of 63,JH: JH: JH: JM: JM: NicHenry County Sheriff's Office 22001N Seminary Avent, Woodstock IL. 60 Ok. Did you go to any other law enforcement agencies with this information? State's Attorney's Office. Is that a law enforcement agency? That's why | answered the question like that. That's why ! paused. ! did contact another law enforcement agency. But was ‘obviously concemed about the investigation. Where it was going and the information we would have done, so my lawyer did contact the U.S. Attomey's Office to ensure that anything that we did, would not be compromising any investigation that they did. Did your tawyer tell you who he spoke with? {'m going fo object you asking this person what a lawyer said to him, that is his attorney. That is privileged and would be his first amendment right and fall under attorney-client, So you do have the right to invoke the attorney-client privilege or spousal privilege or those types of privileges. | just want to get that on the record. Go ahead. ‘You asked what the attomey said to him. I did. | think this would be a good time for you to assert your privilege and if they order you to answer the question answer it over an objection. {invoke the attomey-client privilege on that one. Commander Miller, | believe this is appropriate at this juncture to order Mr. Koziol to answer that question and | would ask you to do that? Can I just ask a question? Sure. Do you know who your attorney spoke with at the U.S. Attomey's Office? a a ca RE Page 49 of 63McHenry County Sheriff's Office 2200 N. Seminary Aventie, Woodstock, IL 60098 / (815)338-2144 “Ti DanaldiBe Lee ya 78s Tub A: Idid atthe time but right now, | honestly do not remember the guy's name. If saw him, | could say yeah that’s him but | just can't remember the guy's name. JM: — That's the question, so no, he doesn't know. @ You don'tknow? A: Correct Q: Now, did you go to the Attomey General's Office? A No. Q: _ Did you personally make any contact with the U. S. Attomey's Office? A: No Q: — Howabout the State's Attorney's Office? A No Q: Did you, why didn't you go to the Attomey General's Office? A: Idon'tknow. Q: Why didn't you personally go to the U.S. Attorney's Office? A: Wedid contact the U.S. Attomey's Office. Q: I'm talking about you? A: What's that? — an ne Page 50 of 63NcHenry County Sheriff's Office @: You, why didn't you personally go to the U. S. Attomey’s Office? A: Idon'tknow. Q: Did you go tell the Sheriff of your concerns? A No Q — Whynot? A: [reported to my immediate supervisor what occurred, Q: Did you ask your immediate supervisor, who you're referring tois Jim Popovits? A: Comet Q: Did you ask him to inform the Sheriff? A: No Q: And you felt it wasn't necessary for you to contact the Sheriff? A: I don't know how to answer that. | went to my supervisor and told him. Q: | understand that. What i'm trying to get at is did you feel you had an obligation to go tell the Sheriff? A: No, Ididn't Q: Why not? A: ‘Cuz I fold my immediate supervisor about the investigation. ‘Ok any other reason? Page 51 of 63McHenry County Sheriff's Office 2200 Seminary Avenue, Woodstock, Il, 60098 /(815)338-2144 No Ok. So after conversations with your attorney, who did you next talk fo about this DEA investigation? I don't think anybody. Was this after, where are we at, I'm sorry. Could you re-state the question? | just want to find out the timeframe. Anytime. | asked who...and I'll re-phrase it. After you spoke with one of your attorneys, | asked did you speak with anyone else about this DEA investigation. Ok. In my original answer, | was taking It back prior to this thing to the affidavit and everything being filed. After this was filed, After the petition for the special prosecutor? Correct, After that, we had spoken with the States Attorney's Office. ‘And who did you speak with at the States Attomey’s Office? Itwas States Attomey, Lou Bianchi and Mick Combs, And how was that meeting arranged? ‘They reached out to my attorney to have the meeting. After you filed the petition? Correct, well this was after the ruling by the judge that there was not going to be, they ‘would not appoint a special prosecutor. Ok, so it was after the ruling? Correct. Page 52 of 63McHenry County Sheriff's Office Did you have a conversation with anyone else from the date that you filed the petition until the ruling? After the ruling, Tm sony. I'm talking about the time that from the petition was filed with the Circuit Clerk until the time of the ruling of Judge Meyer; did you have a conversation with anyone other than your attorneys during that time? Yeah, Once the petition was filed, | know | spoke with Tony Cundiff | had a talk with him about this, Other people came up to me and I don't remember exactly who. They ‘tied starting conversations with me. | didn't really talk too much to anybody about this. | was, | just didn’t want to drag anybody else into an investigation, so I didn't really tell anybody about it. ‘Ok, First of all, do you remember who those other people were that tried to engage you in this? No, f don’t. ‘Ok. So you spoke to Tony Cundiff about this. When did you speak to Tony about this? I don't remember the exact date. Ok. Was it before the ruling? lt was after; it was after the posting and well before the ruling, Ok. Was ita phone conversation or face to face conversation? | think the first one was a phone call Page 53 of 63WicHonry County Sheriff's Office 22001N Seminary Avani, Weorsiok, I. 600967 (615)330-2144 Q: Ok. Did he call you or you call him? A: think I, know | called him. Q: Ok Whydid you call him? ‘A: Without getting too crazy with conspiracy guy, | 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 fake it as just an innocent conversation between the drug investigation aspect, And there was a point of my life, my wife and | had a sit down. | was fearful for my life and ! wanted someone else to know about what was happening and besides just my wife and my lawyer in case something did happen, so | wanted someone to know about it. @ Ok, Tell me first, so you said there was a time in your life where you were fearful for your life. When was that? A: Itstarted probably that first week after, probably one or two weeks if not three weeks after this whole thing started to come to light. Conversation with my wife and everything else and just started to lead me to believe that this investigation might have been bigger than when | was even putting information together on it and you know, things started running through my mind and like | said, | started to fear for my life, @: Ok. And who did you think was going to do you harm? ‘A; Idon'tknow. Anybody that was involved in the drug aspect of it Ok. What aspect of this investigation or this situation made you fearful? A; Intemational drugs being brought into McHenry County and | was involved in it and maybe | knew too much information about what was happening and. Q@: I guess what I am trying to understand, is John is you are in Narcotics for as long as { ‘can remember. This was not your first investigation, correct? RR Page 54 of 63McHenry County Sheriff's Office Frequently, drug dealers are unsavory characters, correct? Yes So | guess what I'm trying to find out is what's, what's special about this investigation that made you fearful as opposed to all the other investigations? Do you understand my question? tfyou're asking me to say that | was never fearful of any drug investigation that would be wrong, I was. But the level of dealing with a heroin addict who is slinging heroin on a street comer or a guy that's dealing a couple ounces of cocaine here and there compared to potential for a drug cartel bringing in truckloads of cannabis, | hope somebody could agree with me, there's a difference in level of safety. 'm not used to dealing with investigations like that. Ok. So it was the size of the drug shipment that concerned you? And the fact that it was an international shipment and most likely that is when you have international shipments like that it involves drug cartels and everything else. Sure, Ok. Any other reason that you are fearful about this investigation other than what you just told me right here? No, that's pretty much it Ok. You and maybe | heard it, something wrong, something you said, there was an innocent, there was something other than an innocent comment. Did you say those words? You were talking fo your wife and you were concemed that there was a comment that was not innocent or did | hear you? That doesn't sound familiar. i Page 55 of 632 McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, I 60098 / (818)938-2144 Ok. And wy did you pick Tony to tell of your fear? He is one of my closest friends. | kept it out of the department. | didn't think, .thought it would be better to do it that way. | didn’t want anybody else in the department to be involved with this as less 1 could get them involved. ‘Why did you think it would be better to keep it out of the department? Just to keep other people not involved. Well, this is just me. If | was concerned about my safety and it's happened, seems to me, would talk to somebody with a badge and a gun. Why did you choose someone who may have a gun but didn't have a badge anymore? Tome, telling someone with a badge and a gun about my safety that would mean nothing to me. I mean if| can't take care of myself, telling a friend who lives down the street with a badge and a gun. Itwasn't necessarily for the safety aspect of it. It was s0 somebody else knew about what was happening, who wasn't involved so if there ‘was any type of retaliation against me and or someone else that | told, they wouldn't be able to track him down because he doesn't work here so like I said that was the mind set. Ok, so it wasn't safety that you were concemed about, It was so that someone else knew outside of the department if something happened to you? Unh-unh (affirmative response) | think | actually did tel, | have to think about it. | might have told Special Agent (Boo. | think it was the two of them now that | am thinking about it because | told part of my conversation; they said you know conspiracy theorist. It was the first time 1 ever fet like this fo be honest with you... with that kind of seriousness and | remember mentioning it to him, too. Had fo be right around that same time that l told Tony Cundif. ‘Ok. Did it even occur to you to tell the Sheriff about your concerns? Page 56 of 63WcHenry County Sheriff's Office No, like | said | just | didn't know how far it went. | didn’t know how far reaching like my little conspiracy mind was reaching at the time. | didn't know where the investigation was going, who was involved, what was involved and that was about it. Ok . After you spoke with Tony, who was the next person that you spoke with relative to the DEA investigation? Oh, besides the State's Attomey's Office? I don't think there was anybody else. Ok. Tell me about the day you met at the State’s Attorney's Office, {twas just a couple days after the ruling by the judge. We just met and they did a quick interview on me. Quicker than this? Oh yeah (Ok. Who was present for that interview? Me, Lou Bianchi, Mick Combs, and Mr. Harrison Ok. And what did {Lou Bianchi say during this meeting? |, he was just asking questions. In fact it wasn't very long. | 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 | said, twas a fairly short conversation, half-hour max. ‘Ok. Do you remember anything that was said by Mick Combs during this meeting? Nothing specific beyond questions that were just off the affidavit that | recall. Do you remember saying anything different to them that you said to me today? ec Page 57 of 63McHenry County Sheriff's Office 2200 N. Seminary Avene, Woodstock, IL. 60088 (16}830-2144 No, I don't recall Q: You don't recall saying anything different? A: Idon'tremember if! did or didn't, actually it was awhile ago. Q: Do you know if this conversation was recorded or not? A: Idon'tbelieve it was, Q: But they didn't tell you it was recorded? A: Correct @ Ok. Ijust have a couple of questions | think and I'm almost ready to wrap it up. If c could refer fo paragraph five of your affidavit, You say and I'l read it for you, i “Special Agent Doe told affiant that he was trying to leam more about the suspects from the local authorities.” Did you know who, who were the local authorities that you were referring to in paragraph five? ‘A; He was trying to reach out to the Crystal Lake Police Department because the address of Rita Corp was in Crystal Lake. Q Ok. Is that the only one that you are aware of? A Yes Q. Ok. Special Agent Doe stated that he had reached out to another task force officer. Do you know who that other task force officer was? A: Itwas task force officer Neumann. rr Page 58 of 63McHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL EEO/LEGAL AFFAIRS OFFICER f Did Special Agent {ilever tell you anything that Special Agent Neumann told him about Rita Corp? No I don't think he told me anything about it. Ok. Allright. IF could direct your attention to paragraph thirty of your affidavit. Do you have any other evidenea and anything other than what you just told me about today that Undersherif Zinke violated General Order 1,5004E8A? The General Order that’s referred to in paragraph 30? I think the wording of the General Order, the facts of the case | think substantiated ‘them. | mean it's what we testified to and what | talked about. Anything else? Just that the Rita Corporation was a suspect corporation; and that's part of it. ‘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 paragraph 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 30? Nothing nent tn aR Ene Page 59 of 63[em McHenry County Shariff's Office ve ~ 2200 N Seminary Avenue, Woodstack, IL. 60098 /(816)338-2144 ( : fa JH: Just a minute, @: After a discussion with your attomey, he indicated that there may be some documents that you can show me? A: Idon'thave the documents, but DEA would have their reports filed. (Ok. Who authored these reports? A: ['mnot sure who did every report but | know Special Agent (EB he told me he was doing some. Q: He was doing some? ‘A: That hewas the case agent, He was doing reports. What I'm saying is | don't know who else would have done reports that go with that case, but | know Special Agent EEE 2 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? A; Iwould assume it would substantiate everything that | have been saying, yes @: Have you read this report? A; No, Shave 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? A: Because it was a criminal investigation and ! would have to assume that Special Agent would do a complete report. Page 60 of 63McHenry County Sheriff's Office Ok. Do you have any other reason to believe that report would substantiate a violation of General Order 1.5004E8A? Just that the information under his report, | would assume would be a lot more detailed than my information. Because he has been working on it a lot longer than | have. He has more information than | have that would substantiate it. Ok. Anything else other than Special Agent (EB eport or reports? No Ok. If could ask you to tum to paragraph 31. It says “General Order 1.5004E44A,” Do you have any other information that would support an allegation that Undersherift Zinke violated this General Order? Just the information that we discussed with Special Agent EE report. Anything else? No Any documents that you would have? No Ok. I'll tum to paragraph 32. Under law enforcement code of ethics, General Order 1.1014D1. Do you have any evidence that Undersheniff Zinke violated this General Order? Just my affidavit and the report that Special Agent (compound, Anything else? Page 61 of 63eR dM: JH: JM Qa JH: JM: JH: McHenry County Sheriff's Office 2200.N Seminary Avenue, Woodstock, Il 60098 /(818)838-2144 Bi ee aaeleacr MG kegs (est No Ok. Lastly, paragraph 33, General Order 1.1014D1, 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? Nothing beyond my affidavit or Special Agent report. John, I think that's all | have. Lt? | just had one question and it goes back to, | know we talked about the U.S. Attomey and some communication John had with either you or Mr. Nye. Basically it's not a question more of a request. What we're looking at or the purpose of the meeting is to ascertain whether or not Andy did anything wrong, General Order violations or criminal. And there is some communication between you, your attorney and the U.S. ‘Attomey's Office and what we would like to know is if we could find out the name of that assistant, U.S. Attorney so that we could, Don could contact him and maybe he has some more information to shed or maybe they did some follow-up. We're just looking for the name, In the spitit of cooperation, John McKenzie and Mark Kamer were the two. Spoke ‘with Mark first. Mark was further down the food chain, He had to talk to John, John called back and then we exchanged information with regard with what was going on and their status to determine whether there was any ___ Ok. And we can just follow up with them if he has any questions, Ok. Even though I'm not being interviewed, Il throw that on the tape, ‘Thank you. It saves a couple of phone calls. That's what he's got. Anything else you need from us? ree eneenmni Pago 62 of 63McHenry County Sheriff's Office 2200 N, Seminary Avenue, Woodstock, IL 60098 /(618)338-2444 a Q Lt Lutz, anything? WL: Nothing {tis approximately 2:10 and... JH: And itis approximately 90 degrees in this room and would like to note that. @: itis andwe are done. nN Page 63 of 63coMcHenry County Sheriff's Office 2200 N. Seminary Avenue, Woodstock, IL 60088 /(815)338-2144 sao Rac a koto TRANSCRIBED BY; CYNTHIA J. BOCKM: DATE TRANSCRIBED! 12/17/20 INTERVIEW DATE: ie/ia/2oia INTERVIEW LOCATION: MCHENRY COUNTY SHERIFF'S OFFICE | FRONT CONFERENCE ROOM INTERNAL: IR12017 PRESENT DURING INTERVIEW. | LT. WILLIAMLUTZ TRITACS ‘COMMANDER JOHN MILLER | wmars LD LEIST INTL SHERIFF ANDY ZINI itis approximately 11:00 p.m. on December 14, 2012. My name is Don Leist. 'm the EEO and Legal Affairs Officer for the McHenry County Sherif. | have been ordered by the Sheriff to conduct an internal investigation. The IR number is 12-017 into ‘some allegations against the Undersheriff. This interview of Undersheriff Zinke is being done pursuant to that investigation. Together with me today in the Sherifs conference room are Lf, William Lutz and Commander John Miller and Undersheriff Zinke, Undersheriff Zinke, you understand that this interview is being recorded? Yes, Ido, ‘And do you have any objections to that? No, I do not. Atthis time we have to take care of a litle paperwork. There are two documents that I'm objigated to inform you of and after |, after | read, your administrative rights to you, if you would like to read it yourself, you may. The first is that you have the right to be informed of the names of all complainants and to be reasonably advised of the nature of the investigation, allegations or charges against you. ‘Two. Any admission or statement made by you in the course of this hearing, interrogation or examination may be used as a basis for your suspension or as a basis for charges seeking your removal of discharge or suspension in ‘excess of three days. ‘Andy Zinke intenvew TRIZ017 Page tof 24 |McHenry County Sheriff's Office 2200'N Seminary Avenue, Woodstock, IL 60098 /(818)338.2144 Q: Three. Your presence here today is voluntary and no physical or verbal actions will be used in an attempt to physically restrain or prevent you from leaving at any time, However, your failure fo cooperate or participate in this hearing, interrogation or examination by leaving can create a separate act of insubordination that will ikely lead to progressive discipline up to and including seeking your discharge from the department. Four. You have the right to counsel of your choosing to be present before or uring this interrogation. Five. When a request for counsel is made, this interrogation must stop and can only proceed affer you are given a reasonable fime and an opportunity to obtain counsel Six. This does not apply to you since you are not a member of a collective bargaining agreement. Seven. You have no right to remain silent. You have an obligation to truthfully answer the questions that are put to you. You are advised that your statements or responses constitute an official Sheriff's Office report. Eight. If you refuse to answer questions put to you; you will be ordered by a superior officer to answer those questions. Nine. if you persist in your refusal after the order has been given to you, you are advised that such refusal constitutes a violation of the rules and regulations of the McHenry County Sheriff's Office and will serve as a basis for your discharge. Ten. You are further advised by law that any admission or statement by you during the course of this hearing and interrogation or examination and the {uits thereof, cannot be used against you in any subsequent criminal proceeding, Do you understand all these rights? A: Yes, Ido. Q Would you like to examine this document? > Yes, would. Andy Zink Interview TRI2-017, Page 2 of 24 |A ‘Andy Znke Interviow IRI2-017, McHenry County Sheriffs Office [ose aay reggae Lieutenant and Commander if you would just sign that document? Lastly, this is the waiver and or request for the counsel form. Please check the appropriate box. Obviously I have stricken out; | put my initials by the place that indicated you have a right to a union representative because you do not. Ok. Undersheriff, you also know that in the past I have rendered legal advice to you and members of the Sheriff's Office. And it’s important for you to understand at this time that | am not acting as your attorney and nothing that is said here is covered by the attorney-client privilege. Do you understand that? Yes, Ido. (Ok, Have you had an opportunity to read the Petition for a Special Prosecutor that was filed by John Koziol through his attomey? Yes, | did. Ok. Have you also had an opportunity to read the affidavit that was contained wit that petition? ‘Yes, | did. (Ok. So my questions are going to focus on your interactions relative to the investigation that | believe emanated from Corpus Christi and wherein a truck was heading among other places to Rita Corporation in Crystal Lake. I'm sorry. We had a phone call, so 'm going to have to make sure that this back up works. Ok. So today, ['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 a separate disciplinary proceeding against you. Do you also understand that? Yes. (Ok. When is the frst time that you ever remember hearing about a DEA investigation conceming a truck that was carying among other things marijuana which had as one of its destinations, Rita Corporation in Crystal Lake? This summer, sometime in July. age 3OF2A