Samantha Harer Attorney's Ethical Conduct Questioned By Glasgow

JOLIET, IL — More than two weeks after Will County Judge John Anderson issued a $15 million civil judgment against former Crest Hill Police Officer Phil Flores in the wrongful death lawsuit of Samantha Harer's family, the Will County State's Attorney's Office of Jim Glasgow has injected itself into the case.

As a result, the Harer's lawyer, Jennifer Bonjean, has filed a motion asking that Anderson unseal a communication submitted to the judge on July 24 from Glasgow's staff. The document included "investigative information regarding the death of Samantha Harer" and it also raised questions concerning the "professional conduct" of Bonjean, the New York City civil rights lawyer, who still maintains an office in Chicago, according to newly filed court records.

In late July, Anderson issued an order announcing he will not consider Glasgow's communication.

"Accordingly, the court is not in an appropriate position to accept or consider evidence submitted to the court in this fashion," Anderson declared. "And if the State's Attorney's Office has concerns regarding the professional conduct of plaintiff's counsel, that is generally between the State's Attorney's Office, plaintiff's counsel, and the Attorney Registration and Disciplinary Commission. The court has no opinion on that."

More than a week ago, Joliet Patch asked Glasgow's spokeswoman, Carole Cheney, for a copy of the communication that her staff sent to the judge, however, she indicated she could not furnish the document to Joliet Patch.

"The material you requested was impounded by the judge and we are not at liberty to release it," Cheney advised Joliet Patch on July 28.

On Monday, Bonjean's motion seeking the public release of Glasgow's letter was put on file at the Will County Courthouse. Bonjean's motion asked for an order permitting disclosure and or access "to the Will County State's Attorney's ex parte communications to this court."

According to Bonjean's filing, "Although plaintiffs have been pursuing the wrongful death action against defendant Flores for nearly five years, at no point has the Will County State's Attorney's Office attempted to intervene in the action, presumably recognizing that they would have no standing to do so.

"One would think that the Will County State's Attorney would have no interest in becoming a party to this lawsuit, although plaintiffs would gladly welcome them."

According to Bonjean, "the Will County State's Attorney's Office has communicated an interest in becoming a party to this lawsuit by making improper ex parte communications to this court about the/its investigation into Samantha Harer's death.

"The Will County State's Attorney's also apparently has something to say about plaintiff's counsel ethical conduct, although undersigned counsel is left to guess what that might be since the State's Attorney excluded the parties from its communications with this Court.

"Brazenly, the Will County State's Attorney, a non-party, made ex parte communications to this court seemingly designed to influence this court by providing information and opinions about the case and plaintiff's counsel without affording the parties notice of the communication and without giving them the opportunity to respond," Bonjean argued in Monday's motion.

Bonjean's motion from Monday goes on to state, "plaintiffs do respectfully ask this court to produce or make available to the parties, the actual communications made by the Will County State's Attorneys consistent with Canon 2, Rule 2.9 B (of the Illinois Judicial Code of Ethics) which directs a court to notify the parties of the substance of the ex parte communications ... These communications were a clear attempt to influence this court or these proceedings in some way although the parties do not know precisely how since the substance of the communications remain a secret."

During an interview with Joliet Patch published July 28, Bonjean noted that one of her biggest lingering questions is why Glasgow and the Will County State's Attorney's Office "didn't even let the process move forward. They refused to at least have a grand jury to determine if probable cause even existed to charge Phil Flores."

Since 2018, Glasgow has remained supportive of the Channahon Police Department's theory that Harer took her own life by shooting herself in the head — even though gunshot residue was recovered from the right hand of Flores and his sweatshirt and none on Harer, who was found in the nude.

In addition, blood spatter was found upon Flores' sweatshirt, plus his right hand.

Bonjean's DNA expert, the world-famous Dr. Karl Reich of Lombard, testified before Judge Anderson that an unknown DNA sample recovered from Harer's Smith & Wesson handgun is the DNA profile for Flores.

"I do think there is sufficient evidence to charge, while also realizing that the burden (of proof) is high," Bonjean remarked after winning the $15 million civil judgment against Flores. "I know the standard of conviction is high."

When Patch asked her last month about the role of Glasgow and his Will County State's Attorney Office in the Harer case, Bonjean remarked, "They fumbled the ball. They didn't even ask (Illinois State Police) to do the analysis of whether Flores' DNA was on the gun. No one asked Flores why there was a big dent in the wall where Samantha's head would have been.

"They remained willfully ignorant. They protected the badge, too. There is no other inference to draw. They are incompetent, but not that incompetent."

Related Joliet Patch coverage:

Bonjean Won't Back Down To Jim Glasgow In Samantha Harer Case

Column: Samantha Harer Verdict Hurts Jim Glasgow's Legacy

Glasgow Won't Charge Ex-Cop Flores With Murder Of Samantha Harer