Former Democratic state's attorney candidate drops lawsuit against letter writer

WOODSTOCK – The former Democratic candidate for McHenry County state's attorney dropped his defamation lawsuit against a retired Marengo woman over a letter to the editor she wrote supporting his Republican opponent.

James Harrison’s lawsuit against letter writer Sandi Tenglin was voluntarily dismissed Tuesday morning by McHenry County Judge Thomas A. Meyer. In a settlement agreement hashed out last week, Harrison will pay $4,000 toward Tenglin’s legal fees.

Tenglin said she is happy the ordeal is over.

“I’m very glad. Justice has been served. It’s a letter to the editor. It’s our right,” Tenglin said.

Harrison, of Johnsburg, alleged in his lawsuit that Tenglin's May 13 letter in the Northwest Herald falsely implied that he engaged in unethical and illegal conduct as a result of doing work for former State's Attorney Gary Pack. The lawsuit alleged that the letter insinuated a quid pro quo arrangement and implies that he bribed a public official.

But Tenglin's attorneys, Robert Hanlon and Philip Prossnitz, called the lawsuit ridiculous and in June asked Meyer to rule it a strategic lawsuit against public participation. Under Illinois law, a judge can determine that a lawsuit was filed as a SLAPP to stifle First Amendment rights, dismiss it and order the plaintiff to pay the defendant's legal fees.

Hanlon called the dismissal a victory for free speech rights.

“The public policy to encourage public debate is ratified by the resolution of the case,” he said.

Hanlon argued in his motion to dismiss that Harrison’s paid work for Pack, and his donations to Pack’s campaign, are public record, and called it a “leap of faith” for Harrison to say that the letter accuses him of bribery. Pack during his tenure as state’s attorney paid slightly more than $1 million to Harrison’s law firm between 1997 and 1999 to represent McHenry County government in employee issues. The two Republican candidates who mounted a 2000 primary challenge against Pack made a campaign issue out of the payments to Harrison’s office.

Harrison filed the lawsuit in May, a month after the Democratic Party of McHenry County slated him to run against Republican state's attorney candidate Patrick Kenneally. But Harrison withdrew from the race last month to take care of his elderly mother.

Kenneally, whose candidacy was supported by Tenglin’s letter, said he is happy to see the “outrageous” lawsuit dismissed.

“I am sorry that Ms. Tenglin, a senior citizen who wished only to express her opinion, got caught in the middle of this ruthless brand of politics,” Kenneally said.

Harrison in a statement said that Tenglin’s letter was inaccurate, and that his decision to drop the case was not motivated by the motion to dismiss.

“Because my priorities have changed and I have more pressing and important issues vying for my time, I voluntarily dismissed the case. The consideration paid was worth the price for me to know who was behind Tenglin,” he said.

Kenneally now faces Democratic challenger Ray Flavin for the state's attorney seat.