The Will County Sheriff’s Office improperly denied a request seeking records of an investigation that led to a theft charge against the former chief executive of a nonprofit organization, according to the Illinois Attorney General’s Office.

On Monday, an attorney with Attorney General Kwame Raoul’s office issued a determination letter in favor of The Herald-News regarding a Freedom of Information Act request for records pertaining to the investigation of Theodore “Ted” Brodeur, 59, of Shorewood.

The sheriff’s office has not yet responded to The Herald-News regarding the letter.

Brodeur is charged with stealing “in excess of $10,000” from Big Brothers Big Sisters of Will and Grundy Counties in Joliet.

Brodeur resigned as CEO of Big Brothers Big Sisters on Jan. 2, 2024, before the Will County Sheriff’s Office was contacted to investigate financial issues within the organization.

On Tuesday, Brodeur’s case was scheduled for a 402 conference on Nov. 18. Those conferences, which are not public, are held in the judge’s chambers between defense attorneys and prosecutors to discuss the facts of the case.

At the end of the conference, the judge may make a recommended sentence if the defendant were to plead guilty.

Authorities have not disclosed exactly how much Brodeur is charged with stealing from Big Brothers Big Sisters of Will and Grundy Counties.

On April 28, The Herald-News sent a FOIA request to the Will County Sheriff’s Office seeking records on the Brodeur investigation and records showing the amount of money Brodeur is charged with embezzling or stealing.

A letter from Kelsey Reid, the sheriff’s FOIA officer, said the release of the “requested documents to anyone besides the defense or prosecution could jeopardize the court proceedings.”

In Monday’s letter, Assistant Attorney General Katie Goldsmith said the sheriff’s office did not “set forth facts” demonstrating that the disclosure of the records would create a “substantial likelihood” that Brodeur would be deprived of a fair trial or an impartial hearing.

“The sheriff’s office’s response asserts that the denial of the records is necessary to protect the integrity of the case but does not address how the disclosure of any particular information is likely to interfere with the fairness of the proceedings,” Goldsmith said.

Goldsmith said the Illinois Freedom of Information Act does not contain a “blanket prohibition” on disclosure of the records to people “other than the parties to the court case and their attorneys.”

Goldsmith said the sheriff’s office also did not demonstrate that disclosure of the records to The Herald-News would taint the jury pool if a trial were to occur.

“Even if some potential jurors were exposed to the records, voir dire may be used to identify and exclude potential jurors whose knowledge of relevant information may render them unable to be impartial,” Goldsmith said.

Voir dire, French for “speak the truth,” is a process where potential jurors are questioned by either the judge or a lawyer to determine their suitability for jury service, according to the Cornell Law School’s Legal Information Institute.

The process is used to excuse prospective jurors deemed incapable of fulfilling their juror obligations, such as impartiality, according to the institute.

Goldsmith said Raoul’s public access bureau requests the sheriff’s office to provide The Herald-News with copies of the withheld records, subject only to permissible redactions in a section of the Freedom of Information Act that pertains to exemptions.