Mastermind behind cargo theft ring gets 12-year sentence

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May 18

JOLIET – Will County State’s Attorney James Glasgow announced that a Bolingbrook man who masterminded the theft of more than $1 million worth of cargo from semi-trailers in 2005 has been sentenced to 12 years in prison.

Eugene Brock, 45, of 411 Quarry Drive, Bolingbrook, pleaded guilty Wednesday, May 17 before Circuit Judge Amy Bertani-Tomczak to a charge of organizing an aggravated vehicle theft conspiracy, a Class X felony that carries a minimum six-year prison sentence upon conviction. Glasgow’s office was the first to file and successfully prosecute this charge in Will County.

Brock was convicted of heading a theft ring that stole tractors and trailers loaded with cargo including clothing, food, electronic equipment and Ethan Allen furniture. 

The ring was busted up following a seven-month investigation by the Tri County Auto Theft Unit, which is a multi-jurisdictional task force involving officers from sheriff’s departments in Will, Kankakee and Grundy counties as well as from the Joliet, Bolingbrook and Romeoville police departments. Theft unit detectives arrested Brock on July 17, 2005.

Brock’s conviction was secured by Assistant State’s Attorney Sarah Jones, who prosecutes task force cases for Glasgow’s office. The Tri County Auto Theft Unit is headed by Master Sgt. John Creedon of the Illinois State Police. 

“Task forces like the Tri County Auto Theft Unit give the long arm of the law an even greater reach,” Glasgow said. “Police agencies can pool their resources to conduct broader and more intensive investigations. This operation alone kept more than $1 million in goods from falling off the back of the truck and into the hands of thieves.”

Glasgow also said Cook County State’s Attorney Richard Devine, without hesitation, stepped in to provide critical technical assistance necessary to the success of the investigation.   

Three other men also were charged with theft in connection with this case. They are: Terry Meeks, 41, of Chicago; Kenny Hodges, 46, of Bellwood; and Emmanuel Brock, 42, of Brookfield.

Emmanuel Brock pleaded guilty to four counts of theft and was sentenced to four years in prison. Meeks and Hodges face a maximum of 15 years in prison if convicted on all counts.

The Will County State’s Attorney’s Office reminds the public that a charge is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial during which the government has the burden of proving guilt beyond a reasonable doubt.

Glasgow warns against Internet predators, offers education services of state’s attorney’s Computer Crime Unit

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May 11

JOLIET – Will County State’s Attorney James Glasgow this week sent letters to school officials across the county warning them of the dangers their students face when they post personal information on “social networking” Web sites like Myspace.com or Xanga.com.

The state’s attorney also is making high-tech investigators and prosecutors from his Computer Crimes Unit available to educators, parents and students for presentations on Internet safety.

“Our young people must realize they are making themselves vulnerable to Internet predators when they post personal information and photographs on these Web sites,” Glasgow said. “If we are to protect them, teachers and parents also must know what teen-agers are posting and how others are responding.”

Glasgow warned that two local cases should serve as early warnings in a dangerous trend:
 

  • A 21-year-old Joliet man allegedly met his 16-year-old victim through her Myspace account. The defendant stands accused of giving the girl alcohol and using his Webcam to broadcast her performing sexual acts over the Internet. He now faces a host of child pornography charges.
  • Two local teen-agers who committed suicide within weeks of each other both participated in Myspace. One of those Myspace accounts has been converted into an online memorial for the victims.  

Myspace.com, with more than 70 million members, has become the most popular Web site among students nationwide. However, educators across the country are reporting increases in negative behavior associated with these sites and have begun blocking them from school computers.

Myspace.com limits its search results of members in a particular area to 3,000. But there are clearly many more teen-age Myspace.com members in Will County. A search for teen-age members in Joliet’s main ZIP codes, for example, consistently hits that 3,000 cap. As a point of reference, the less popular Xanga.com site lists 13,420 members in the Joliet area.

The state’s attorney’s Computer Crimes Unit, which is a part of the Illinois Attorney General’s Internet Crimes Against Children Task Force, is equipped to investigate and prosecute child predators who use the Internet. But Glasgow urged educators and parents to be proactive. By the time Internet cases come to the attention of prosecutors, the damage often is already done, he said.

For additional information on Internet safety, visit the state’s attorney’s Web site at https://willcountysao.com. Click on Crime Prevention and Protecting Our Kids Online.

Educators who want to arrange an educational presentation by the state’s attorney’s Computer Crimes Unit for teachers, parents or students should contact the director of Crime Prevention Services, at (815) 727-8742.

Emerald Ausby Pleads Guilty in Bolingbrook Murder

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May 2

JOLIET – Will County State’s Attorney James Glasgow announced Tuesday that Emerald Ausby, 31, of Bolingbrook, pleaded guilty to murder for the killing and sexual assault of his neighbor five years ago.

Ausby, 31, was accused of breaking into the home of Arlinda Paez on July 10, 2001. Upon being discovered by Paez in her house, Ausby sexually assaulted the woman and then beat her to death with a baseball bat.

“The guilty plea obtained by my office will eliminate any possibility of appeal and provide absolute certainty to the punishment,” Glasgow said. “We will recommend a sentence of natural life in prison with no chance of parole for this violent killer.”

Ausby entered a blind plea of guilty Tuesday to two counts of first-degree murder, one count of home invasion, one count of armed robbery and one count of criminal sexual assault.

He also is awaiting sentencing following guilty pleas in December to charges of attempted murder, armed robbery and attempted robbery in two separate cases.

In one of those cases, Ausby robbed a local dry cleaner in Bolingbrook on June 2, 2001. He stabbed the proprietor, who survived the attack. In the other case, he attempted to rob a Bolingbrook motel on June 22, 2001. 

Ausby is scheduled to be sentenced on all of the charges by Circuit Judge Gerald Kinney on June 6.

The state’s attorney’s office had announced its intention to seek the death penalty for Ausby in the murder case. The judge, however, ruled in November that Ausby was mentally retarded and therefore not eligible for the death penalty.

Two of Glasgow’s top prosecutors Lea Norbut-Sicinski, chief of the state’s attorney’s criminal division, and Neil Adams, who heads the felony division, personally handled the murder case.

“Once the sentencing hearing is completed on all of these cases, Emerald Ausby will never walk our streets again,” Glasgow said.

Contractor Charged With 36 Counts Related to Home Repair Fraud

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April 28

JOLIET – Will County State’s Attorney James Glasgow today announced he has charged a contractor who solicited work in Will County with 36 counts of theft and home repair fraud.

The state’s attorney’s investigators on Friday arrested Keith Gunter, 43, of 1500 Wingo Lane, Bourbonnais, on a warrant that included a $10 million bail. The warrant was issued on April 20. Gunter was arrested while returning a car to an automobile rental facility in Bourbonnais.

The charges, which stem from a year-long investigation launched by Glasgow’s office, include 18 counts of theft by deception, 15 counts of home repair fraud and three counts of aggravated home repair fraud.

The charges generally allege that Gunter, who had been doing business in the Joliet area as Leading Restoration Services Inc., accepted money to perform home repair work that he never intended to do.

The complaints filed by Glasgow’s office identify 18 alleged victims. Individual losses range from $2,000 to $6,972.33. Gunter is alleged to have taken a total of $63,668.14 from these people to repair roofs and siding damaged during storms in 2003 and 2004. Additional charges are possible as the investigation continues.

The three aggravated home repair fraud charges allege that Gunter entered into written contracts with three senior citizens who are over 60-years-old with no intention of completing the work.

“My office is committed to prosecuting dishonest contractors who prey on hardworking homeowners by skipping off with large deposits,” Glasgow said. “It’s even more disturbing when senior citizens fall victim to these unscrupulous business predators.”

Gunter never started work on any of the 18 jobs listed in the charges. He never returned any deposits even though many of the victims repeatedly contacted him through letters, by telephone or visits to his place of business.

Glasgow credited Assistant State’s Attorney Chris Koch and detectives Pete Piazza and Dan Procarione with conducting an intensive and thorough investigation that led to the criminal charges against Gunter. Procarione and Detective Michael Kelley arrested Gunter without incident.

The detectives are assigned to the state’s attorney’s office under an agreement between Glasgow and Will County Sheriff Paul Kaupas.

“Sheriff Kaupas exemplifies the true spirit of cooperation in law enforcement by assigning these three detectives to my office. We’ve had an excellent working relationship going back over 20 years that has always made us both more effective in protecting the public,” Glasgow said.

Will County Chief Judge Stephen White set bail on the warrant at $10 million in part because Glasgow’s office obtained a judgment against Leading Restoration that included civil penalties of $1 million plus more than $300,000 in restitution for more than 80 customers who filed complaints over the company’s alleged failure to return deposits for work that was never performed.

Gunter must post 10 percent of his $10 million bail, or $1 million, to secure his release while he awaits trial.

Home repair fraud is a Class 4 felony that carries a prison sentence of 1-3 years and up to a $25,000 fine if convicted. Theft by deception is a Class 3 felony that carries a prison sentence of 2-5 years and up to a $25,000 fine if convicted. Aggravated home repair fraud is a Class 2 felony that carries as prison sentence of 3-7 years and up to a $25,000 fine if convicted.

The Will County State’s Attorney’s Office reminds the public that a charge is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Madigan’s Office, Will County State’s Attorney, Illinois Racing Board, Illinois Department of Revenue Charge Man in Racehorse Doping Case

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April 26

CHICAGO – Attorney General Lisa Madigan, Will County State’s Attorney James W. Glasgow, the Illinois Racing Board (IRB) and the Illinois Department of Revenue (IDOR) announced the indictment and arrest of a Will County man after two separate post-race incidents involving his racehorse testing positive for a drug banned from horseracing. 

Donald M. Paulik, of rural Beecher, surrendered himself in court on Monday, April 24, pursuant to an arrest warrant issued for a seven-count indictment returned by the Statewide Grand Jury.  The indictment stems from the discovery that his thoroughbred racehorse, Texas Tree, allegedly had been injected with etorphine prior to taking first place in races on October 21, 2005, and November 3, 2005, at the Hawthorne Race Track.  The subsequent execution of a search warrant obtained by IDOR Inspector James Oliver on Paulik’s Will County residence and ranch yielded an additional quantity of suspected etorphine.

“My office is committed to ensuring the integrity of the gaming industry in Illinois,” Madigan said.  “Whether it is undue influence at a proposed casino or doping at a racetrack, any alleged illegal activity is unacceptable.”

“Attorney General Madigan’s office has once again proved to be an invaluable resource in our efforts to protect the people of Will County from the scourge of dangerous drugs.  My drug unit, headed by Assistant State’s Attorney Mike Knick, is cooperating completely with the Attorney General’s office to prosecute a case that involves our first encounter with the alleged unlawful administration of a rarely used but extremely volatile and potentially lethal drug to a racehorse,” Glasgow said. “Also, with the large number of facilities offering legalized gambling in our county, it is essential that we protect the integrity of the process.”

“The horseracing community is made up of dedicated, hardworking men and women who greatly value their horses and give them excellent care.  We are all sickened by the revelation that anyone in our industry would use a drug such as etorphine, which can endanger the lives of human beings as well as animals,” said IRB Chairman Lorna Propes. 

Propes continued, “I commend the staff of the Illinois Racing Board and Department of Revenue, especially IRB Executive Director Marc Laino, Director of Security Ed Mingey, and IDOR Inspector James Oliver, for their determination and professionalism in bringing this investigation to a successful conclusion.  The Illinois Racing Board is, as ever, vigilant in its oversight of the integrity of racing.” 

Etorphine (or “elephant juice” as it is sometimes called) is a banned substance under IRB Racing Rules as well as a controlled substance under state and federal law.  It has a valid but limited use in the immobilization of large wild animals such as elephants.  However, horseracing authorities have long been aware of the fact that, in very small quantities, the drug works as a stimulant in racehorses.  It is thus used illegally to improve the chances of a horse winning a race.

Etorphine should only be handled by licensed veterinarians with a legitimate animal patient and application.  Human exposure to even small amounts of the drug can prove fatal without taking the proper precautions. 

The public is reminded that these charges are merely accusations.  The defendant is innocent until proven guilty.

The investigation conducted by members of the IRB and the IDOR is ongoing.  Assistant Attorney General Grant Swinger of Madigan’s Statewide Grand Jury Bureau and Will County Assistant State’s Attorney Michael Knick are prosecuting the case.  The Office of Cook County State’s Attorney Richard Devine also has provided assistance in this case.

State’s Attorney James Glasgow, Sheriff Paul Kaupas highlight initiatives during National Crime Victims’ Rights Week

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April 24

JOLIET – Will County State’s Attorney James Glasgow and Sheriff Paul Kaupas announce a number of initiatives to commemorate the 26th Annual National Crime Victims’ Rights Week, which begins Sunday, April 23.

This year’s theme – “Victims’ Rights: Strength in Unity” – pays tribute to crime victims and survivors who have joined together in mutual support and advocacy to promote victims’ rights and services.

The theme also recognizes the ongoing efforts of countless victim service providers, criminal justice professionals and volunteers who dedicate their lives to helping crime victims.

One of Glasgow’s key initiatives is the creation of the Will County State’s Attorney’s Victim Independence Program to assist domestic violence victims. The state’s attorney has created a specialized team of prosecutors, law enforcement officers, social workers, civil attorneys and victim advocacy professionals whose goal is to empower and protect women and their families.

The V.I.P. team provides the support these women need to help them follow through with the prosecution of domestic abusers. This support may include counseling, the identification of temporary housing and other social services.

“Too often victims of domestic abuse are intimidated or manipulated by their abusers into giving up on the case,” Glasgow said. “The V.I.P. team’s mission is to create a comprehensive support network that will assist us in holding abusers accountable for their actions while enabling them to break the vicious cycle of abuse.”

Other initiatives through the state’s attorney’s office include:

  • The Lighthouse Project: This pilot program – a partnership between the Will County State’s Attorney’s Office and Joliet Junior College – provides training, education and job placement services for the victims of domestic abuse. Once again, the goal is to help abuse victims establish their independence. The state’s attorney’s office makes all referrals into the program, which is still being developed.
  • The Doug Petan Crime Victim Assistance Fund: The state’s attorney’s office is working to reestablish a fund created a decade ago following the tragic death of Doug Petan during an armed robbery at Jiffy Lube in Crest Hill in 1995. Employers of crime victims will be asked to make tax-deductible contributions to the fund, which can be used to provide limited financial assistance to victims and their families while a case winds its way through the courts. The fund originally was created with a $5,000 contribution from Jiffy Lube to honor Doug Petan’s memory.

During National Crime Victims’ Rights Week, Sheriff Kaupas is highlighting his department’s TRIAD Program, which he established to provide crime prevention and educational services for senior citizens. TRIAD involves a three-way commitment by the sheriff, Will County’s police chiefs and leaders in the senior community to protect elderly citizens.

Kaupas also hired a social worker for the Sheriff’s Department shortly after he took office in 2002.  Since that time, Sheriff Department Social Worker Bonnie McPhillips has served  more than 1,300 crime victims, providing support through referral information, crisis intervention and counseling.

Such initiatives are important in a growing county, said Kelly Sullivan, program director for the State’s Attorney’s Victim and Witness Services Program since 1988. Last year alone, the state’s attorney’s office charged 2,661 felonies and 4,345 misdemeanors.

“Often victim’s voices are silent and their rights are overlooked,” Sullivan said “This is a week when we acknowledge and recognize that victims exist, have voices, and have rights.”

For information on sheriff department’s TRIAD Program, call (815) 727 – 8568. Or visit on the Web at www.willcosheriff.org.

For information on the Will County State’s Attorney’s Victim Independence Program, call 815-727-8742. Or visit on the Web at www.willcountysao.com.

High school track and field coach indicted following allegations of sex with underage students

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April 20

JOLIET – Will County State’s Attorney James Glasgow announced today a Grand Jury has indicted a volunteer track and field coach from the Joliet Township High School District on charges alleging he had sex with eight underage girls.

Marcus J. Grocesley, 21, of  719 Water St., Joliet, was indicted on 11 counts of criminal sexual assault and two counts of aggravated criminal sexual abuse.

The 11 indictments for criminal sexual assault allege that because of his position as a track and field coach, Grocesley “held a position of trust, authority or supervision” over six of the teen-age girls.

The two indictments for aggravated criminal sexual abuse allege Grocesley had sex with two other underage girls and that he “caused great bodily harm” by passing sexually transmitted diseases to both.

Criminal sexual assault is a Class 1 Felony that could result in a prison sentence ranging from 4-15 years and up to a $25,000 fine if convicted.  If convicted on all counts of criminal sexual assault, the defendant could receive a minimum prison sentence of 44 years.  Pursuant to Illinois law, offenses of criminal sexual assault, aggravated criminal sexual assault and predatory criminal sexual assault of a child require courts to impose consecutive sentences for each count.

Aggravated criminal sexual abuse is a Class 2 Felony that could result in a prison sentence of 3-7 years and up to a $25,000 fine if convicted.

“The safety and security of our children while attending school is paramount,” Glasgow said. “The prosecution of these types of cases must be swift and certain, especially when the alleged perpetrator holds a position of trust.”

The Joliet Police Department moved swiftly to begin an investigation on March 16 after one of the girls came forward with allegations that she had sex with Grocesley.

Grocesley currently is in custody at the Will County Jail on $500,000 bond. He was arraigned Wednesday. A pretrial hearing has been scheduled for May 18 before Judge Carla Alessio Goode in courtroom 407 at the Will County Courthouse.

The Will County State’s Attorney’s Office reminds the public that an indictment is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Joliet man faces 40 years following conviction for sexual assault

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April 20

JOLIET – Will County State’s Attorney James Glasgow announced today that a Joliet man faces a minimum 40-year prison sentence following his conviction this week on charges he sexually assaulted a 15-year-old female family member repeatedly throughout 2003.

Joe E. Duncan, 39, of 2309 Holly Ridge Drive, Joliet, was convicted on 11 counts of criminal sexual assault following a one-week trial. A jury deliberated for four hours before handing in guilty verdicts on all counts.

The victim testified during the trial that Duncan regularly sexually assaulted her while her mother worked the night shift at a local telecommunications company. Her siblings also took the stand and supported her testimony.

The victim also testified that Duncan sexually assaulted her in a pool suite at The Sybaris in Frankfort in 2003. Prosecutors entered into evidence records from the spa indicating Duncan visited there during the period in question.

Joliet police arrested Duncan on Sept. 24, 2003, after he was accused of beating the victim. The girl disclosed the sexual assaults to her mother, who reported them to the police.

The Children’s Advocacy Center, which Glasgow established in 1995, assisted in the investigation and conducted early interviews with the victim to prepare the criminal case against Duncan. Since it was formed, the center has been responsible for a dramatic increase in convictions of dangerous child sex offenders.
 
Assistant State’s Attorneys Mary Fillipitch and Matt Guzman prosecuted the case against Duncan.

“Cases in which minors are the victims of sexual assault require the highest level of sensitivity and are often the most difficult to prosecute,” Glasgow said. “These attorneys did a masterful job securing the conviction of a true menace to our children.”

Will County Circuit Judge Carla Alessio Goode is scheduled to sentence Duncan on June 27.

Local man admits role in death

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April 4

Murder of Darnell Washington: Gonzales seeks forgiveness after plea on weapons charge By Stewart Warren Herald News Staff Writer

JOLIET — After Joseph Gonzales admitted his involvement in the murder of Darnell Washington, he asked the young man’s parents to leave their seats in the small courtroom and join him before the judge. 

Then he turned and looked at Charles and Yvonne Washington of Lockport. 

They didn’t move at first. After all, Gonzales, 26, had just pleaded guilty to aggravated discharge of a firearm in the November 2001 shooting death of their son. He was sentenced to 15 years in prison for the crime. 

“I don’t know whether or not they want to be up here,” Will County Judge Robert Livas told Gonzales. 

Yvonne Washington stood up. 

“I want to hear it,” she said. She walked to Gonzales and stared him straight in the eye. Her husband followed. 

Gonzales then began to read from a small piece of paper. He begged the family to forgive him and said the couple actually had changed his life. 

By urging Will County State’s Attorney Jim Glasgow to file criminal charges against him, the couple had helped him, Gonzales said. The arrest forced him to change his ways, and he had become a more spiritual person. 

“Evil men do not receive justice,” he said, tears running down his face. His shackled hands shook. 

Yvonne Washington wasn’t willing to let him off the hook. 

“It’s too bad you didn’t find God before you took my son,” she spat. Gonzales doesn’t know what has happened to her family since the murder, she said. The couple moved out of their longtime Joliet home because her husband sometimes thought he heard their dead son calling to them. 

“How dare you stand there and try to tell me you are sorry!” she said. “What are you sorry for? Being caught? I’ll never forget what you took from me.” 

But Gonzales didn’t kill the 24-year-old. Someone else did. 

A few days before he died, Darnell Washington intervened when Paul Quintero, 29, got into a fight with his girlfriend. That made Quintero mad. On Nov. 1, 2001, Darnell Washington was partying with Gonzales and Quintero, Will County Assistant State’s Attorney Neil Adams explained Monday. While they were heading somewhere else, Quintero asked Darnell Washington to stop the car, Adams said. Quintero stepped out so he could urinate and then pumped 11 shots into his friend, Adams said. 

Darnell Washington’s body was found the next day on Farrell Road near U.S. 6. 

But Quintero never has been charged with the murder. The authorities know where he is: Quintero is serving a 38-year sentence at Pontiac Correctional Center for the 2000 murder of another friend from Joliet, 17-year-old Michael Ceja. 

“We will charge him when the case is ready,” Adams said Monday. 

Gonzales wasn’t arrested until last summer. Although Washington’s parents repeatedly asked former Will County State’s Attorney Jeff Tomczak to file charges in the case, nothing happened. When Glasgow was elected in 2004, the couple asked for his help, and Gonzales later was arrested. 

“The murder of Darnell Washington was a senseless killing,” Glasgow said Monday. “And it is important that his parents see justice done.” 

Originally, Gonzales was charged with murder because he knew what happened to Darnell Washington and was accountable for the crime, Adams said. Now he has agreed to testify against Quintero. 

Charles Washington waits for that day. 

“I just want (Quintero) to be charged,” Charles Washington said. 

But it won’t be enough for his wife. 

“I just want it to be over with,” she said.

Madigan, Glasgow file suit for radioactive leaks at Braidwood Nuclear Plant

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March 16

Leaks of Tritium-laced wastewater date to 1996 

CHICAGO − Attorney General Lisa Madigan and Will County State’s Attorney James Glasgow today filed a lawsuit against the owner and operators of the Braidwood Nuclear Generating Station in Will County for the facility’s releases of wastewater containing tritium into the groundwater beneath the facility and the groundwater outside the boundary of the plant. The first leak allegedly occurred a decade ago. 

The Village of Godley is located southwest of the nuclear plant, while the Village of Braidwood is approximately two miles north. 

The eight-count complaint, filed today in Will County Circuit Court, names as defendants Exelon Corporation, a Pennsylvania corporation based in Chicago; Commonwealth Edison Company (ComEd), an Illinois corporation; and Exelon Generation Corporation, LLC, of Kennett Square, Pennsylvania. Exelon Generation and ComEd produce and distribute nuclear power for their parent, Exelon Corporation. Com Ed was the owner and operator of the Braidwood station until 2000, when Exelon assumed those duties. 

Operations at the Braidwood nuclear plant generate tritium, a radioactive isotope of hydrogen that can replace non-radioactive hydrogen atoms in ordinary water to form tritiated water. Small amounts of tritium are commonly found in most surface water; however, higher concentrations are found in water used by nuclear power plants. Health experts say human exposure to tritium increases the risk of developing cancer. 

According to Madigan’s and Glasgow’s suit, Exelon released tritiated water at eight separate locations on the defendants’ property. Three distinct releases occurred in 1996, 1998 and 2000, and three other releases occurred at unknown times, from the facility’s blowdown line, an underground pipe that carries wastewater, including tritiated water, approximately four and one-half miles from the power plant directly to the Kankakee River. An additional release occurred at an unknown time in the area near and to the west of the station and an eighth release occurred March 13 near the tritiated water temporary storage area at the plant. 

Braidwood’s blowdown line is located on property owned by the defendants, but runs adjacent to private and public property, including a forest preserve and nature area. 

Madigan’s and Glasgow’s lawsuit alleges that the eight leaks contributed to water pollution and that six of the releases were the result of inadequate maintenance and operation of vacuum breakers along the blowdown line. Vacuum breakers allow air into the line to prevent the formation of a vacuum within the pipe. In alleging water pollution in their lawsuit, Madigan and Glasgow alleged that tritiated water entered the vacuum breaker housing and flowed into the groundwater and upward through a manhole onto the surrounding land. 

“When releases occur, it is absolutely critical that all parties, including state and local officials, employees and those who live in the surrounding area, are notified as soon as possible,” Madigan said. “The potential hazards associated with the nuclear industry demand such a response.” 

“The method of operations put in place at the Braidwood Nuclear Plant since 1996 by Commonwealth Edison and their parent company as of 2000, Exelon, clearly placed their profit margin first with a callous disregard for the health, safety and welfare of the local residents. Exelon was well aware that tritium increases the risk of cancer, miscarriages and birth defects and yet they made a conscious decision not to notify the public of their risk of exposure,” Glasgow said. “This lawsuit is critical to enjoin Exelon from releasing any additional tritium into the groundwater and to mandate an effective remediation of the serious damage that has already been done.” 

Glasgow continued, “As always, Attorney General Madigan has made available the resources of her office readily to work with my office in the filing of this most critical action on behalf of the residents of Will County. This action will go a long way in providing the residents of Godley and Braidwood with a level of confidence that our offices are going to prosecute these serious violations of the Illinois Environmental Protection Act to the fullest extent of the law.” 

“Since the IEPA learned in late 2005 about the tritium releases from Exelon, we have been aggressively investigating the nature and extent of the groundwater problems,” said Illinois Environmental Protection Agency Director (IEPA) Director Doug Scott.  “We have also made every effort to respond to public concerns and we will continue to be involved as long as there is need.”   

The IEPA investigated the case and referred it to Madigan’s office in March 2006 after samples taken by the defendants in December 2005 indicated elevated levels of tritium contained in the groundwater at various locations outside the property boundary of the nuclear plant, including a private well allegedly contaminated by the 1998 release. 

The timeline for the alleged leaks of tritiated water is as follows: 

  • 1996: an estimated 40,000-gallon release of tritiated water from vacuum breaker number 1 (VB1), the closest to the nuclear reactor and adjacent to a ditch which flows north, around the reactor and then south toward Godley. Water from the release flowed on the surface, entered the ditch and remains in the groundwater around VB1. 
  • 1998: an estimated three million gallon-release from VB3 resulted in tritiated water ponding on the surface, which the defendants allegedly left to evaporate and soak into the groundwater where it remains. 
  • 2000: an estimated three million gallon-release from VB2. According to the suit, the defendants recovered some of the released water, but an unknown amount remains in the groundwater near the area it was released. 
  • Dates unknown: releases from vacuum breakers 4, 6 and 7, which impacted three additional areas. The release from vacuumbreaker 4(“VB 4”) resulted in tritium contamination, in excess of 20,000 pCi/L (picocuries per Liter), of groundwater within property owned by the Will County Forest Preserve District. 
  • Date unknown: release of tritiated water in the area near and to the west of the station. 
  • March 13, 2006: Tritium released from tritiated water temporary storage area. 

In addition, as a result of the leaks from VB3 in 1998 and VB2 in 2000, a plume of tritiated water is present near the vacuum breakers and has extended through the groundwater to the north through a surface pond and into groundwater north and west of the Braidwood property. 

The lawsuit alleges that all of the defendants also discharged non-radioactive contaminants such as sewage without a state National Pollutant Discharge Elimination System (NPDES) permit into surface and groundwater off site. 

The complaint further alleges that tritiated water was released on March 13, 2006, from a containment area surrounding a number of tanks the defendants are using to store tritiated water, causing a threat to groundwater. Because of the problems with their equipment that caused the earlier leaks, the defendants currently are storing the tritiated water in these tanks instead of discharging the water into the Kankakee River. Finally, the complaint alleges that the defendants created and maintained a public nuisance through the releases and the other alleged non-compliance. 

As a remedy for the alleged water pollution, Madigan’s and Glasgow’s suit seeks an injunction ordering the defendants to: 

  1. Cease use of the blowdown line for the discharge of tritiated water until further order of the Court; 
  2. Prevent further migration of any contaminants released in the groundwater at and near the facility in accordance with a plan acceptable to the court; 
  3. Implement measures to prevent the release of any contaminant from the facility in accordance with a plan acceptable to the court; 
  4. Fully characterize the nature and extent of all soil and groundwater contamination caused by the releases, including identifying background contaminant levels and the future flow of contaminant plumes in groundwater in accordance with a plan acceptable to the court; 
  5. Immediately provide a potable drinking water source to all people affected by the violations in an amount and quality sufficient to meet their daily needs, and in accordance with a plan acceptable to the court; and 
  6. Eliminate any threat to the use of groundwater by citizens in the area impacted by releases from the plant. 

The suit also seeks the maximum civil penalty of $50,000 for the water pollution violation and an additional $10,000 for each day the violations continue.Madigan and Glasgow also seek the maximum civil penalties for additional allegations that include exceeding groundwater standards. 

The lawsuit specifically names ComEd in two counts for allegedly violating its NPDES permit by not reporting until December 2005 the alleged leaks that took place in 1996, 1998 and 2000. Such incidents must be reported to state and federal authorities within 24 hours. The complaint also names ComEd for its alleged failure to contain and remove the tritiated water from the areas impacted by the 1996 and 1998 leaks. Each of these counts seeks a maximum civil penalty of $10,000 per violation and an additional $10,000 for each day the violations continue. 

Division Chief Matthew Dunn, Bureau Chief RoseMarie Cazeau, Assistant Attorney General Christopher Perzan and Environmental Counsel Ann Alexander are handling the case for Madigan’s Environmental Enforcement Division.