Special Prosecutor to be Named in Mark Curran Battery Case
The office of William J. Kelly has received the following update on the criminal complaint against Mark Curran for assault and battery via email from Lake County States Attorney Mike Nerheim:
Dear Mr. Kelly,
As I indicated in our conversation, I have a conflict with handling a charging decision and any subsequent prosecution of Mr. Curran because my office currently represents him in pending civil matters. I also advised that my office had confirmed that the Grayslake Police Department was in the process of completing their investigation. The process in any criminal case is for the police to investigate, and then upon the full completion of their investigation, to turn the matter over to the proper prosecuting authority for them to make a charging decision. Normally, that prosecuting authority would be my office, but due to the conflict, we will be bringing in a special prosecutor to handle this matter once the investigation is complete. I do not expect the investigation to take very long.
In order to expedite the appointment process, my office has already contacted the Illinois Appellate Prosecutor’s Office. This is the organization that handles conflict prosecutions for my office. They have agreed to accept the case and are awaiting their appointment. There is a formal process that is required in order for a special prosecutor to be appointed. The process requires a judge to sign an order. I cannot present that order for signature, until I receive the complete investigation from the Grayslake Police Department.
As soon as I receive that investigation, I will immediately present the order for appointment.
Lake County States Attorney
On November 2, 2019, Kelly filed a criminal complaint with the Grayslake Police after Curran committed an assault and hands-on battery against Kelly at the Lake County Republican endorsement session where Kelly was invited to speak. Kelly was asking Curran questions about his positions on illegal immigration and an enraged Curran grabbed and shoved Kelly on video. An unedited video shared with the media reveals that Curran had no legal excuse for his physical assault against Kelly.
Mr. Nerheim is currently defending Curran from pending tort and law division lawsuits. A search of the Lake County database indicates that Curran has been a defendant in 20 or more tort-related lawsuits and other legal problems.