WOODSTOCK – A judge gave the McHenry County State's Attorney's Office a week to decide its position on a sergeant's request for a special prosecutor to investigate allegations that Undersheriff Andrew Zinke interfered with a federal drug investigation.

"The State's Attorney does not know what they want to do yet, if anything," said Jonathan Nye, an attorney for Sgt. John Koziol.

In documents filed Tuesday, Koziol alleges that Zinke tipped off the owner of RITA Corp., which Koziol claims was under investigation by the DEA in the transportation of thousands of pounds of marijuana.

Zinke has said that Koziol is a disgruntled employee who recently was transferred out of a position in the narcotics unit to patrol.

RITA Corp.’s owner, Brian Goode, is a member of the Sheriff’s Department’s Merit Commission and a close friend of Zinke. His company has contributed to the campaigns of Sheriff Keith Nygren, who plans to retire after his current term is up, and more recently, Zinke. RITA also is listed as the address for Zinke’s political campaign committee.

Assistant State's Attorney Patrick Kenneally stepped up to the bench in front of Judge Thomas A. Meyer on Thursday morning and said that his office would like more time to look at the petition.

Sgt. Koziol was present in court; Zinke was not.

The next date for the case is Nov. 2.