Saturday, November 21, 2009 East Central Illinois

Ex-Iroquois County clerk gets 60 days in jail

By Will Brumleve
Saturday, November 7, 2009 3:31 PM CDT

WATSEKA – Former Iroquois County Clerk Mark Henrichs must pay back $17,500 to the county in addition to serving a 60-day jail sentence and 30 months of probation, as ordered by Judge William Schmidt during a sentencing hearing Friday afternoon in Iroquois County Circuit Court.

Henrichs was ordered to report to the county jail in Watseka by 9 a.m. Wednesday. He will be eligible for "day-to-day good conduct credit," Schmidt said, which means he could end up serving only 30 days.

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Henrichs, 53, of rural Buckley, was convicted of four counts of official misconduct and two counts each of forgery and theft of government property on Sept. 17, and was immediately removed from office.

Sentencing, however, was imposed only on the most serious of the eight charges – theft exceeding $10,000 and two counts of official misconduct relating to the forgery of documents.

Illinois Assistant Attorney General Neal Goodfriend had asked for a state prison term in addition to the $17,500 in restitution, noting that Henrichs "showed a complete lack of remorse" on the witness stand during his three-day trial in September, and that his testimony was deceptive and "designed to get him off the hook."

"What he did on the stand was exactly what he did in the substance of this case," Goodfriend told Schmidt. "A right to testify does not give one the right to lie."

Goodfriend also urged a prison sentence because Henrichs "betrayed the trust of the citizens of Iroquois County" and a serious punishment would be necessary "to deter other officeholders from stealing from taxpayers."

Henrichs' attorney, Frank Simutis of Watseka, argued probation would be a more appropriate punishment. Simutis argued it would be a hardship on Henrichs' family if a prison sentence was given. Henrichs' wife, Mary, testified that the family's only income today is the $12,500 she makes working as a teacher's aide in the Paxton-Buckley-Loda school district.

Henrichs read a statement when given the opportunity to speak prior to sentencing. He asked Schmidt to consider his background, his accomplishments and his family situation. Meanwhile, he made no apologies for his criminal conduct.

"I am not a thief or a forger," Henrichs said. "That is not who I am, not now, and that is not how I will be in the future."

Schmidt said prior to handing down his sentence that a serious sentence would be necessary to deter other elected officials from committing the same crime. At the same time, Schmidt acknowledged the impact a prison term could have on Henrichs' family, as well as Henrichs' lack of criminal background.

Schmidt also acknowledged that Henrichs had already been removed from office immediately after being convicted, and that he also lost his pension benefits.

"He stands before this court and before this community disgraced," Schmidt said.

Schmidt said the restitution, which must be paid in full to the county within 24 months of the start of Henrichs' probation, should be a strong deterrent for other elected officials to commit similar crimes.

Henrichs was found guilty of arranging for the county clerk's office to buy a camping trailer for use as a mobile-voting facility in February 2007, while hiding from the county board that he owned it. Henrichs also forged documents to make it appear the trailer was purchased for $17,500 from a Chicago car lot when he knew it was not.

Upon payment of restitution to the county, Henrichs will receive the trailer from the county and reclaim ownership of it.

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