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S ep t e mb er 9, 2014 • $1 .0 0
FINDING PASSION AFTER INJURY Jacobs’ Matt Goldby almost lost his right arm after complications from a football injury / C1 NWHerald.com
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City to D-155: Start zoning soon Mayor’s letter says district has until Oct. 16 to start process on CL South bleachers By JEFF ENGELHARDT jengelhardt@shawmedia.com CRYSTAL LAKE – The city of Crystal Lake told District 155 officials they have until Oct. 16 to start the zoning process for the Crystal Lake South High School bleachers before city officials issue fines or prevent use of the stadium. In a letter sent to the District 155 School Board on Monday on behalf of the Crystal Lake City Council and signed by Mayor Aaron Shepley, the mayor said it was time for the district to enter the city’s zoning pro-
cess after an appellate court upheld McHenry County Judge Michael Chmiel’s ruling that a $1.18 million bleacher expansion was subject to city approval. Chmiel ruled Friday that the district must go through the process as the continuous violation of city ordinances has “substantially affected” the neighboring residents who initially brought the lawsuit against the school district. Shepley said the district has until Oct. 16 – the next scheduled court date – to file the necessary papers to start the zoning process. He also
Aaron Shepley, mayor of Crystal Lake, wrote a letter to the District 155 School Board regarding the bleachers at Crystal Lake High School.
added the district must waive its right to appeal Chmiel’s decision and the appellate court ruling and agree to complete construction necessary to meet city code by August 2015. “If the District 155 board insists
on continuing to cost taxpayers money simply for the purpose of having a court again tell District 155 that its position is simply wrong, then you should also make it clear to the public that any ‘impact’ that may be felt by Crystal Lake South students, athletes and families will be at the district’s hand and no one else’s,” Shepley wrote. If the district fails to comply, Shepley said the city could begin to issue fines – which could have totaled more than $400,000 had it not agreed to postpone enforcement – prevent use of the stadium until it is in com-
pliance, or seek a tear-down order. Shepley pointed out that the City Council has not taken any of the steps it legally could have as it has tried to work out a solution with the district. District 155 spokesman Jeff Puma said no decisions have been made on the district’s next step as the board has not met since the court ruling and is not scheduled to meet until Sept. 16. Puma said he was unaware of the letter as it was not sent until after district business hours.
See BLEACHERS, page A6
Appellate court tosses sex abuse conviction
STANDARDIZED TESTING IN McHENRY COUNTY
Former Big Brother Big Sister mentor cannot be retried By CHELSEA McDOUGALL cmcdougall@shawmedia.com
Photos by Sarah Nader – snader@shawmedia.com
Instructor Michelle Foutch (center) works with Nicole Navarro (left), 17, of Huntley and Kristin Witty, 17, of Algonquin during an ACT prep class Sept. 2 at the Sylvan Learning Center in Algonquin.
Getting into the ACT With the next exam date fast approaching, students try to improve on previous scores By JOSEPH BUSTOS jbustos@shawmedia.com In the weeks leading to the next scheduled ACT administration on Sept. 13, students at Algonquin’s Sylvan Learning work in a small group reviewing material expected to be on the exam colleges use as a key criteria for admission. At this point in the year, center Director Jill Holtz sees more seniors prepping for the exam trying to improve their previous individual scores. “The students we see definitely have set goals,” Holtz said. “They have specific schools they like to apply to.” However, according to
Nicole Navarro, 17, of Huntley works on a math problem during her ACT prep class Sept. 2 at the Sylvan Learning Center in Algonquin. ACT, only a quarter of students who took the exam met all four of the exam’s college readiness benchmarks in English, math,
reading and science, indicating how well prepared they are for college. The average composite score in Illinois for the
Class of 2014 is 20.7. The national average was 21. The highest composite score possible is a 36. Illinois is one of 12 states that had all of its students take the ACT, which leads to students who do not plan to go to college having to take the exam. Out of those 12 states, Illinois had the second highest composite score, behind only Utah. “By requiring all students to take the ACT you will include many students who may not plan on going to college or may not have been able to participate in courses that prepare them for the test,” said Tom Lind,
See TESTING, page A4
SPORTS
LOCAL NEWS
STATE
‘Summer slide’
Rauner’s proposal Views on NFL
Program aims to keep students sharp over summer vacation / A3
Gubernatorial candidate Ray Rice case shows outlines overhaul of state’s Roger Goodell’s school funding formula / B2 willfull blindness / C1
Average composite ACT scores around county
19.1
24.8
Alden-Hebron
Marian Central Catholic
23.8 Cary-Grove
22.3 Crystal Lake Central
22.3 Crystal Lake South
21.9 H.D. Jacobs
20.2 McHenry East Campus
20.5 McHenry West Campus
23.7 Prairie Ridge
22
18
Richmond Burton
Harvard
23 Huntley
21
21.5
Woodstock High School
Johnsburg
21.8 Marengo
19.5 Woodstock North
20.7 State average
WOODSTOCK – In a rare decision, the Illinois Appellate Court overturned a McHenry County sex abuse case, and said that because the evidence leading to a conviction was insufficient, the case can’t be retried. Leonard W. Puccini, 54, formerly of Bull Valley, was convicted in May 2013, and accused of spanking the naked posterior of a young boy he once mentored through the Big Brother Big Sisters program in McHenry County. He spanked the 12-year-old boy, Leonard W. prosecutors said, for Puccini the purpose of sexual was convicted in May 2013 gratification. After a bench tri- and later al, McHenry County sentenced to Judge Michael Feet- five years in terer agreed, and later prison sentenced Puccini to five years in prison. At the trial, two witnesses testified Puccini also had sexual encounters with them when they were young boys. Puccini never was charged with any incidents relative to their testimony. He was not related to, but otherwise had known the alleged victims, and he did not meet them through the youth mentor program. Feetterer allowed their testimony at trial, but the appellate court said he shouldn’t have. The alleged acts were too dissimilar and overly prejudicial. “In fact, [the] defendant’s conviction rests entirely on other-crimes evidence,” the opinion read. The opinion, written by Appellate Judge Ann Jorgensen continued: “There is great risk here that [the] defendant was convicted based on the uncharged, unproved and remote allegations, rather than the evidence supporting the charged crime.” The appellate court further found, that without their testimony, there lacked proof beyond a reasonable doubt, meaning that under the double jeopardy clause, Puccini can’t be retried.
See SEX ABUSE, page A6
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