26 Feb 12 State’s attorney hopefuls square off in lively forum

Seth Uphoff, an assistant state’s attorney for Peoria County, and Pontiac attorney bill Bertram both agreed during a candidate forum held Tuesday in Pontiac Township High School’s auditorium that working with and not against police agencies in the court system in this county is the best way to eradicate the drug dealers, Internet predators and criminals of Livingston County. Who will be the first new Livingston County state’s attorney in 20 years, however, will be up to the voters who will weigh in on March 20. both Uphoff and Bertram are lobbying for the Republican nomination of the county’s top prosecutor. State’s Attorney Thomas J. Brown, who has been in the position since 1991, chose not to seek another term. In his opening statement, Uphoff discussed his history in Livingston County as the son of a farmer in Graymont. He talked about his history as an athlete for Flanagan High School and his current work as a prosecutor in Peoria. He expressed that he has passion for the job, which allows him the opportunity to always be arguing on the side of right and arguing against wrong. Bertram, in his opening statement, drew the line between himself and his opponent by highlighting his affinity for Livingston County and the fact that he has 21 years as a local attorney. He discussed the fact that he has tried hundreds of cases, has been affiliated with many local clubs and organizations and is raising his family in town. Q: It seems the county board must outsource legal work. As state’s attorney, would you continue this practice? Or would you handle more of this work yourself? Bertram: I intend to handle as much work as I can as state’s attorney. I do not believe it is in the best interest of the taxpayers to pay for outside council when I can provide that advice to the local county board. now, there are some times where that is going to have to be necessary. A few areas where you need expert advice from people that have worked hard in that specific area, but I think the majority of advice that the council needs, I intend to do that and save the tax payers money. Uphoff: If I were elected state’s attorney, I would review any of the issues that come up, like civil matters and see if it’s something that can be handled by the attorneys in our office. People need to keep in mind that one lawyer is not the same as the next, especially when you are talking about criminal attorneys and civil attorneys. they are two different worlds. they have different versions of proof, they have different rules of evidence, they are really worlds apart and I think it would be very hard to find somebody who is an expert in both worlds. so, as the state’s attorney, I would work hard to make sure that we had prosecutors in our office that are making our streets safe, bringing criminals to justice and standing up for crime. Q: What is involved as state’s attorney in combating the drug problem in this county? Uphoff: Battling drug crime is the same as battling any crime. the state’s attorney has to be able bring it home. Law enforcement is out there working hard, they are doing what they can out on the streets to make sure they are identifying these individuals and arresting them and charging them. then it becomes the state attorney’s offices job to bring that home. To make sure that those individuals end up where they need to be. whether that is prison, or some rehabilitative system, it is incumbent on the state’s attorney to get them there. To do that, they have to work closely with law enforcement. I think prosecutors need to open up their range of communication with law enforcement officers who are on the street. Bertram: In addition to being an active litigator and working with the police, you also need to consider the other alternatives that are out there. currently, McLean County uses a drug court and a mental health recovery court and I think those are important programs. they save the taxpayers money by using local resources. the other thing the state’s attorney needs, is to have an eye on not only working with the police, but making sure the case is right and litigating that case with the right prosecution and right training and being effective but also considering ways to save the tax payers money. Q: Technology appears in many daily activities and I would assume the same applies with the use of technology in law enforcement. For example DNA, ballistics and other forensic tests used in criminal investigation. What experience do you have with that kind of technology and how can you utilize technology in your office to improve prosecution in Livingston County? Bertram: through the use of e-mail and communicating electronically with the local police departments, if that would get documents in more timely fashion, I think that would be important to explore. Also, being effective. using power points and other things in the courtroom. We have some technology in the courtroom and we have a 55-inch TV on the wall, but it’s not quite big enough to display a power point display, but we need to look towards those areas. It’s very effective use of technology and I would intend to employ that if I am elected for state’s attorney. Uphoff: I have been a prosecutor in the DNA age. I have handled cases where DNA was involved. I have handled cases where I have had to work with ballistics and forensic experts and used it to justly prosecute individuals who had been arrested and charged. so, I have experience handling those cases. If it’s a DNA, ballistics or new technology case, that’s something that I have handled and I bring that experience with me. Q: the Internet is a very popular medium for our young teenagers all across Livingston County. A long with this, cases of Internet sexual solicitation are happening all across the country. What if any plans do you have to help protect teenagers of Livingston County from these types of predators? Uphoff: Internet solicitation to children is a very real thing, it is going on and it may be going on unnoticed in Livingston County. In fact, I almost guarantee it and that is why I have a plan to work with the Internet Crimes Against Children Taskforce in order to get free training for the law enforcement officers here and for the prosecutors here. through that program we can train our deputies and our police officers to use the Internet to identify these individuals, to get the information that is needed to prosecute them and then training for the prosecutors so that they can bring it home. I have a plan in place to work with this task force; it will be free to the county and what it will do is make the children of this county safer. Bertram: In addition to working closely with local police agencies to get the technology and education they will need, I would also expand on that and bring that education and prevention to the schools. through the Livingston County Commission on Children and Youth, they tend to develop a program we could take to the schools and educate the kids on what this problem is and how we can combat it and also educate the parents on what to look for and what should be looked for and what technology is out there to help with that. Q: recently our county reopened a cold case murder investigation. While we do not have many of these types of serious cases in the county, they still happen. What assurance do we have that you would be able to handle a case of that magnitude when it does happen? Bertram: I have 22 years of experience as an attorney and as I said in the beginning, and I have handled cases from DUI to murders and everything in-between. through the Fulton County state’s attorney’s office I had experience with DNA and Forensic evidence. I have worked with fingerprint experts and with our investigative units, I have been there and done that and I would like to bring that experience to Livingston County. Uphoff: With all due respect to my opponent, I would ask you to ask my opponent, when was the last time he had to handle a serious or violent crime? especially, when was the last time he prosecuted one? I have handled these cases day in and day out. Since Jan. 1, I have had two different jury trials on armed robbery cases, one of which involved a shooting. I obtained convictions in both cases. I have handled a murder case last year and I have one currently pending now. These are violent crimes that I am handling now; these are crimes that I am taking care of now. that is the experience that I can bring with me. Q: Why do you believe that you are uniquely qualified as opposed to your opponent to be the next state’s attorney of Livingston County? Uphoff: I would think you have to say, what kind of an attorney do you want standing up in a courtroom representing you? an attorney who can think on his feet and talk to a jury? Or, somebody who will be sitting at a council table, reading to a jury? I think that’s something unique. my speaking abilities, my ability to get up and convey a message to a group and I think that’s something unique aside from the experience that I have and my client doesn’t. Bertram: the main thing, again, is that I have been an attorney here for 21 years and an attorney for a total of 23 years. I have been a prosecutor for four, but more importantly, I am committed to Livingston County. I live here, I work here, I pay taxes here, I raise my kids here, my wife and kids are here today and in fact, it’s kind of unique standing up here, my daughter has performed on this stage several times and now I am seeing the audience from her perspective. It’s quite intimidating, but it’s the experience. Q: How would you describe your style of leadership or management of the office of the state’s attorney? You are going to be dealing with a lot of people who will work under you and also of course with other officers at the new Justice Center. Bertram: I would call my management style effective. What I try to do, is I try not to be an ogre, I try not to set rigid rules. I do expect a fair days work for a fair days pay, but my management style comes down to the fact that if you think you know everything about a job, you probably are wrong. I think you have to listen and you have to be aware of what is going on in your office and that comes from being there. I think you have to be the first one in and the last one to leave a lot of times. Uphoff: What I’ve found is that my management style is similar to some of the coaches that I’ve had growing up and going through sports. that is firm but fair. You need to be firm with people when you are trying to convey a point. And the employers that are working for you, you need to know that you have to be firm because the job has to be done right. You cant’ tolerate people that aren’t carrying their weight and aren’t doing the job correctly. At the same time, you have to be fair. nobody wants someone that is overbearing and looking over his or her shoulder. Like some of my coaches have been, I’ll be the first to tell you when something is being done wrong because it needs to be corrected and at the same time, I’ll be the first person to tell you that you’ve done the job right. Q: How would the citizens of Livingston County benefit from you being the state’s attorney Uphoff: I think they would benefit by having the type of experience that I bring. I know my opponent has been an attorney for 23 years, but for 21 of those years he has been working on the other side of the isle. I am a prosecutor, I have been a prosecutor and I intend to continue to be a prosecutor, I bring with me the experience of handling a lot of serious cases. Bertram: the job of state’s attorney is not just to prosecute cases, it’s also to advise the board and I have advised the clients for 23 years and as I told you, 21 years in Livingston County on a number of different areas. Contract laws, setting up corporations and dealing with the issues that Livingston County has been facing. We have the landfill, we have the wind farms, we have zoning issues on a regular basis, I have experience in those areas as well and I believe I bring that to the office in addition to everything else. Q: Anything we haven’t touched upon yet that you would have in terms of ideas or roles for the office in the next four years? We want to make sure before we close that we’ve covered everything. Bertram: I think mainly the plans I would have is not only tried cases as the state’s attorney in the court room, but also being at County Board meetings, showing up, advising the board as much as I can and also, it is my plant to attend as many local city government functions as I can to try to gain from them, what it is that they need out of the Livingston County state’s attorney’s Office. that is what an attorney tries to do with the clients. Uphoff: I can think of several other things that haven’t been discussed here this evening that I would like to accomplish as the state’s attorney of Livingston County. In addition to working with the Internet Crimes Against Children Taskforce, to be vigilant about the solicitation of Children, I would also like to work with Illinois State Police and try to rehabilitate the relationship so that we can improve our drug interdiction in Interstate 55. We have a major drug corridor going right through the county and drug traffickers are using it day in and day out and we need to be finding and stopping those individuals, arresting them, fining them and seizing and forfeiting their proceeds and their vehicles. Q: would you like to share your closing remarks? Bertram: I want to work with, not against Sheriff Meredith and the other police agencies in the court system in this county to eradicate the drug dealers and deal with the drug users in a way that makes sense. the state’s attorney’s office needs to be run more efficiently to protect the tax payers from further tax increases and I intend to do just that. I believe my experience and level of commitment to make Livingston County a better place makes me the best choice for state’s attorney and I ask you to cast your vote for me, William Bertram for Livingston County state’s attorney on March 20. Uphoff: there is a tactic that is used by defense attorneys, usually in a case where they don’t have much of a leg to stand on. It’s commonly referred to as the Red Herring defense. What the attorney tries to do is to get the jury to focus on a collateral issue, something that isn’t essential to the case. the hope is that if you focus on that Red Herring enough, you will ignore the real issues of the case. Ladies and Gentlemen, I think you got to see an example of that tactic being used here this evening. I lost track of the number of times my opponent tried to dwell on the issue of residency, but ladies and gentlemen, residency is a Red Herring in this campaign. the real issue on this campaign is who is going to be the next chief prosecutor of Livingston County and you have two choices. one candidate is a career prosecutor, a candidate who has a wide range of handling felony cases, a wide range of experience, a prosecutor who has handled cases from DUI to murder, has stared down murders and comforted victims. A candidate who has helped to manage an office, to train young prosecutors, a candidate who grew up here, who has values instilled here and has obtained the skills necessary to come back and represent the citizens of this county and stand up against the criminals who would do them harm.

Seth Uphoff, an assistant state’s attorney for Peoria County, and Pontiac attorney bill Bertram both agreed during a candidate forum held Tuesday in Pontiac Township High School’s auditorium that working with and not against police agencies in the court system in this county is the best way to eradicate the drug dealers, Internet predators and criminals of Livingston County. Who will be the first new Livingston County state’s attorney in 20 years, however, will be up to the voters who will weigh in on March 20. both Uphoff and Bertram are lobbying for the Republican nomination of the county’s top prosecutor. State’s Attorney Thomas J. Brown, who has been in the position since 1991, chose not to seek another term. In his opening statement, Uphoff discussed his history in Livingston County as the son of a farmer in Graymont. He talked about his history as an athlete for Flanagan High School and his current work as a prosecutor in Peoria. He expressed that he has passion for the job, which allows him the opportunity to always be arguing on the side of right and arguing against wrong. Bertram, in his opening statement, drew the line between himself and his opponent by highlighting his affinity for Livingston County and the fact that he has 21 years as a local attorney. He discussed the fact that he has tried hundreds of cases, has been affiliated with many local clubs and organizations and is raising his family in town. Q: It seems the county board must outsource legal work. As state’s attorney, would you continue this practice? Or would you handle more of this work yourself? Bertram: I intend to handle as much work as I can as state’s attorney. I do not believe it is in the best interest of the taxpayers to pay for outside council when I can provide that advice to the local county board. now, there are some times where that is going to have to be necessary. A few areas where you need expert advice from people that have worked hard in that specific area, but I think the majority of advice that the council needs, I intend to do that and save the tax payers money. Uphoff: If I were elected state’s attorney, I would review any of the issues that come up, like civil matters and see if it’s something that can be handled by the attorneys in our office. People need to keep in mind that one lawyer is not the same as the next, especially when you are talking about criminal attorneys and civil attorneys. they are two different worlds. they have different versions of proof, they have different rules of evidence, they are really worlds apart and I think it would be very hard to find somebody who is an expert in both worlds. so, as the state’s attorney, I would work hard to make sure that we had prosecutors in our office that are making our streets safe, bringing criminals to justice and standing up for crime. Q: What is involved as state’s attorney in combating the drug problem in this county? Uphoff: Battling drug crime is the same as battling any crime. the state’s attorney has to be able bring it home. Law enforcement is out there working hard, they are doing what they can out on the streets to make sure they are identifying these individuals and arresting them and charging them. then it becomes the state attorney’s offices job to bring that home. To make sure that those individuals end up where they need to be. whether that is prison, or some rehabilitative system, it is incumbent on the state’s attorney to get them there. To do that, they have to work closely with law enforcement. I think prosecutors need to open up their range of communication with law enforcement officers who are on the street. Bertram: In addition to being an active litigator and working with the police, you also need to consider the other alternatives that are out there. currently, McLean County uses a drug court and a mental health recovery court and I think those are important programs. they save the taxpayers money by using local resources. the other thing the state’s attorney needs, is to have an eye on not only working with the police, but making sure the case is right and litigating that case with the right prosecution and right training and being effective but also considering ways to save the tax payers money. Q: Technology appears in many daily activities and I would assume the same applies with the use of technology in law enforcement. For example DNA, ballistics and other forensic tests used in criminal investigation. What experience do you have with that kind of technology and how can you utilize technology in your office to improve prosecution in Livingston County? Bertram: through the use of e-mail and communicating electronically with the local police departments, if that would get documents in more timely fashion, I think that would be important to explore. Also, being effective. using power points and other things in the courtroom. We have some technology in the courtroom and we have a 55-inch TV on the wall, but it’s not quite big enough to display a power point display, but we need to look towards those areas. It’s very effective use of technology and I would intend to employ that if I am elected for state’s attorney. Uphoff: I have been a prosecutor in the DNA age. I have handled cases where DNA was involved. I have handled cases where I have had to work with ballistics and forensic experts and used it to justly prosecute individuals who had been arrested and charged. so, I have experience handling those cases. If it’s a DNA, ballistics or new technology case, that’s something that I have handled and I bring that experience with me. Q: the Internet is a very popular medium for our young teenagers all across Livingston County. A long with this, cases of Internet sexual solicitation are happening all across the country. What if any plans do you have to help protect teenagers of Livingston County from these types of predators? Uphoff: Internet solicitation to children is a very real thing, it is going on and it may be going on unnoticed in Livingston County. In fact, I almost guarantee it and that is why I have a plan to work with the Internet Crimes Against Children Taskforce in order to get free training for the law enforcement officers here and for the prosecutors here. through that program we can train our deputies and our police officers to use the Internet to identify these individuals, to get the information that is needed to prosecute them and then training for the prosecutors so that they can bring it home. I have a plan in place to work with this task force; it will be free to the county and what it will do is make the children of this county safer. Bertram: In addition to working closely with local police agencies to get the technology and education they will need, I would also expand on that and bring that education and prevention to the schools. through the Livingston County Commission on Children and Youth, they tend to develop a program we could take to the schools and educate the kids on what this problem is and how we can combat it and also educate the parents on what to look for and what should be looked for and what technology is out there to help with that. Q: recently our county reopened a cold case murder investigation. While we do not have many of these types of serious cases in the county, they still happen. What assurance do we have that you would be able to handle a case of that magnitude when it does happen? Bertram: I have 22 years of experience as an attorney and as I said in the beginning, and I have handled cases from DUI to murders and everything in-between. through the Fulton County state’s attorney’s office I had experience with DNA and Forensic evidence. I have worked with fingerprint experts and with our investigative units, I have been there and done that and I would like to bring that experience to Livingston County. Uphoff: With all due respect to my opponent, I would ask you to ask my opponent, when was the last time he had to handle a serious or violent crime? especially, when was the last time he prosecuted one? I have handled these cases day in and day out. Since Jan. 1, I have had two different jury trials on armed robbery cases, one of which involved a shooting. I obtained convictions in both cases. I have handled a murder case last year and I have one currently pending now. These are violent crimes that I am handling now; these are crimes that I am taking care of now. that is the experience that I can bring with me. Q: Why do you believe that you are uniquely qualified as opposed to your opponent to be the next state’s attorney of Livingston County? Uphoff: I would think you have to say, what kind of an attorney do you want standing up in a courtroom representing you? an attorney who can think on his feet and talk to a jury? Or, somebody who will be sitting at a council table, reading to a jury? I think that’s something unique. my speaking abilities, my ability to get up and convey a message to a group and I think that’s something unique aside from the experience that I have and my client doesn’t. Bertram: the main thing, again, is that I have been an attorney here for 21 years and an attorney for a total of 23 years. I have been a prosecutor for four, but more importantly, I am committed to Livingston County. I live here, I work here, I pay taxes here, I raise my kids here, my wife and kids are here today and in fact, it’s kind of unique standing up here, my daughter has performed on this stage several times and now I am seeing the audience from her perspective. It’s quite intimidating, but it’s the experience. Q: How would you describe your style of leadership or management of the office of the state’s attorney? You are going to be dealing with a lot of people who will work under you and also of course with other officers at the new Justice Center. Bertram: I would call my management style effective. What I try to do, is I try not to be an ogre, I try not to set rigid rules. I do expect a fair days work for a fair days pay, but my management style comes down to the fact that if you think you know everything about a job, you probably are wrong. I think you have to listen and you have to be aware of what is going on in your office and that comes from being there. I think you have to be the first one in and the last one to leave a lot of times. Uphoff: What I’ve found is that my management style is similar to some of the coaches that I’ve had growing up and going through sports. that is firm but fair. You need to be firm with people when you are trying to convey a point. And the employers that are working for you, you need to know that you have to be firm because the job has to be done right. You cant’ tolerate people that aren’t carrying their weight and aren’t doing the job correctly. At the same time, you have to be fair. nobody wants someone that is overbearing and looking over his or her shoulder. Like some of my coaches have been, I’ll be the first to tell you when something is being done wrong because it needs to be corrected and at the same time, I’ll be the first person to tell you that you’ve done the job right. Q: How would the citizens of Livingston County benefit from you being the state’s attorney Uphoff: I think they would benefit by having the type of experience that I bring. I know my opponent has been an attorney for 23 years, but for 21 of those years he has been working on the other side of the isle. I am a prosecutor, I have been a prosecutor and I intend to continue to be a prosecutor, I bring with me the experience of handling a lot of serious cases. Bertram: the job of state’s attorney is not just to prosecute cases, it’s also to advise the board and I have advised the clients for 23 years and as I told you, 21 years in Livingston County on a number of different areas. Contract laws, setting up corporations and dealing with the issues that Livingston County has been facing. We have the landfill, we have the wind farms, we have zoning issues on a regular basis, I have experience in those areas as well and I believe I bring that to the office in addition to everything else. Q: Anything we haven’t touched upon yet that you would have in terms of ideas or roles for the office in the next four years? We want to make sure before we close that we’ve covered everything. Bertram: I think mainly the plans I would have is not only tried cases as the state’s attorney in the court room, but also being at County Board meetings, showing up, advising the board as much as I can and also, it is my plant to attend as many local city government functions as I can to try to gain from them, what it is that they need out of the Livingston County state’s attorney’s Office. that is what an attorney tries to do with the clients. Uphoff: I can think of several other things that haven’t been discussed here this evening that I would like to accomplish as the state’s attorney of Livingston County. In addition to working with the Internet Crimes Against Children Taskforce, to be vigilant about the solicitation of Children, I would also like to work with Illinois State Police and try to rehabilitate the relationship so that we can improve our drug interdiction in Interstate 55. We have a major drug corridor going right through the county and drug traffickers are using it day in and day out and we need to be finding and stopping those individuals, arresting them, fining them and seizing and forfeiting their proceeds and their vehicles. Q: would you like to share your closing remarks? Bertram: I want to work with, not against Sheriff Meredith and the other police agencies in the court system in this county to eradicate the drug dealers and deal with the drug users in a way that makes sense. the state’s attorney’s office needs to be run more efficiently to protect the tax payers from further tax increases and I intend to do just that. I believe my experience and level of commitment to make Livingston County a better place makes me the best choice for state’s attorney and I ask you to cast your vote for me, William Bertram for Livingston County state’s attorney on March 20. Uphoff: there is a tactic that is used by defense attorneys, usually in a case where they don’t have much of a leg to stand on. It’s commonly referred to as the Red Herring defense. What the attorney tries to do is to get the jury to focus on a collateral issue, something that isn’t essential to the case. the hope is that if you focus on that Red Herring enough, you will ignore the real issues of the case. Ladies and Gentlemen, I think you got to see an example of that tactic being used here this evening. I lost track of the number of times my opponent tried to dwell on the issue of residency, but ladies and gentlemen, residency is a Red Herring in this campaign. the real issue on this campaign is who is going to be the next chief prosecutor of Livingston County and you have two choices. one candidate is a career prosecutor, a candidate who has a wide range of handling felony cases, a wide range of experience, a prosecutor who has handled cases from DUI to murder, has stared down murders and comforted victims. A candidate who has helped to manage an office, to train young prosecutors, a candidate who grew up here, who has values instilled here and has obtained the skills necessary to come back and represent the citizens of this county and stand up against the criminals who would do them harm.