Samantha Harer Case: Channahon's Legal Bills On Rise

CHANNAHON, IL — Channahon's legal costs related to defending Police Chief Shane Casey, Deputy Chief Adam Bogart and Detective Andrew McClellan in the Samantha Harer federal police misconduct lawsuit have been on the rise in recent months, records from a Freedom of Information Act request to the village show.

The last three months of billable invoices submitted by the Joliet law firm of Mahoney, Cross and Silverman, strictly related to its work pertaining to the Harer case litigation, has cost the village about $24,800. The documents provided to Patch contained the firm's legal bills on the Harer case only through Sept. 30.

Joliet Patch only requested the law firm's billable invoices from the Harer case. Mahoney, Cross and Silverman handles a wide variety of legal work as Channahon's municipal law firm. Mahoney usually bills Channahon at a rate of $195 per hour.

• On Oct. 10, Mahoney, Silverman and Cross billed Channahon for 36.6 hours of legal work on the Harer case, a cost of $7,137. A second bill for 15 minutes was for $49.
• On Sept. 11, Mahoney billed Channahon for 43.5 hours on the Harer case, a cost of $8,385. A second bill for two hours was for $390.
• On Aug. 7, Mahoney billed for 42.3 hours on the Harer case, a cost of $8,112. A second bill for 3.75 hours was for $731.

To recap the case, Samantha Harer was a 23-year-old Channahon resident and emergency dispatcher at WESCOM dispatcher. She died unexpectedly on Feb. 13, 2018 from a gunshot wound to her head while she was nude in her bedroom.

The investigation into her death was led by Channahon Police Chief Shane Casey, Deputy Chief Adam Bogart and detective Andrew McClellan. Harer's estranged boyfriend, Crest Hill Police Officer Felipe "Phil" Flores, was in her apartment at the time of the shooting. The three Channahon lawsuit co-defendants are accused by the plaintiff's lawyer Jennifer Bonjean of engaging in police misconduct and conducting a "sham investigation."

RELATED: Channahon Suffers Defeat In Samantha Harer Lawsuit Ruling

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This year in federal court, Mahoney, Silverman and Cross has had several legal setbacks defending the village in the Harer case, the latest came Nov. 14. That day, U.S. District Court Judge Robert Gettleman of Chicago issued a 16-page ruling rejecting Channahon's attempt to dismiss the Harer's lawsuit. The judge also took Channahon's lawyers to task in his written decision.

"The Channahon defendants should stop wasting private and judicial resources by repeating arguments that this court has already rejected and start litigating this case on the merits," Judge Gettleman wrote.

Last Friday, one of Channahon's municipal lawyers, attorney Marron Mahoney, filed a legal brief informing the federal judge that she would be appealing his Nov. 14 decision to the U.S. Court of Appeals for Seventh Circuit.

On several occasions this year, Channahon's legal bills show, Mahoney, Silverman and Cross has scrutinized press coverage of the Harer case and then the lawyers discussed the articles with village officials such as Chief Casey or village administrator Tom Durkin.

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For instance, on Jan. 10, attorney David Silverman billed Channahon for 30 minutes of his time for a conference with fellow Mahoney, Silverman and Cross attorney James Murphy to discuss "strategy regarding various press articles and FOIA responses." On Feb. 20, Silverman billed Channahon for two hours of time for "drafting press release, working on same, various telephone conferences, working on project."

For most of the year, Murphy has served as the firm's lead counsel defending Channahon on the Harer case. Last December, the firm, along with Chief Casey and representatives of the Will County Coroner's Office and a Will County Sheriff's CSI official met with Kevin and Heather Harer to inform them that the investigation into their daughter's death was officially closed. Their daughter's death was being classified as a self-inflicted gunshot wound and Officer Phil Flores would not face any criminal charges.

Mahoney, Silverman and Cross has its main law offices on Infantry Drive in Joliet. It also has offices in Morris, Oswego, Frankfort and Chicago. The firm's website features profiles of 17 lawyers.

On Feb. 27, Silverman billed Channahon for 30 minutes "to review (news) article and discussions with village." On May 29, Murphy billed Channahon for 45 minutes for a telephone conference with a reporter at The Joliet Herald-News. When The Herald-News published its article on June 17, Murphy billed Channahon for 60 minutes of time for his "review of news article, conference with (attorney David Silverman) and telephone conference with (village administrator) Tom (Durkin)."

For the first half of 2019, Channahon's invoices show, the village's legal fees for Mahoney, Silverman and Cross on the Harer case were not nearly as significant as they have been in recent months. Here's a breakdown of the previous monthly bills submitted to the village for payment:

• July 10 invoice: 21.5 hours, $4,301, second July 10 invoice: 4.75 hours, $926
• June 11 invoice: 8.9 hours, $1,813, second June 11 invoice: 1.25 hours, $244
• May 9 invoice: 5.3 hours, $1,082
• April 11 invoice: 8.6 hours, $1,706, second April 11 invoice: 3.25 hours, $634
• March 11 invoice: 4.75 hours, $926
• Feb. 11 invoice: 20 hours, $3,900
• Jan. 7 invoice: 5.5 hours, $536