The attorney for a Kane County sheriff’s deputy convicted of illegally possessing prescription pills said a judge issued his client’s sentence based on a personal bias.
Kimberly Zinke, who is married to a former McHenry County undersheriff, was sentenced to a year of conditional discharge and seven days in jail by Lake County Judge Patricia Fix last month.
Lake County Assistant State’s Attorney Reginald Matthews had recommended Zinke be sentenced to probation and substance abuse counseling, rather than jail time.
Fix immediately left the courtroom after handing down the sentence, leaving Zinke and her attorney, Douglas Zeit, in disbelief.
Court staff and attorneys spent about the next two hours trying to figure out where Zinke would serve her jail time, given McHenry County’s recusal from the case.
Zeit now is asking for a new judge, claiming Zinke’s rights were violated, and the judge made biased remarks during a conference about Zinke’s sentence.
“Specifically, the [judge] made comments during the conference that she did not believe the state’s proposed offer of court supervision on a misdemeanor charge was appropriate. The [judge] further stated that if she were prosecuting the case, she would not offer court supervision on a misdemeanor charge,” Zeit wrote in the request.