‘Allegations are frivolous’: Defense calls on judge to dismiss criminal charges against Superintendent

MERCER COUNTY, Ill. – The defense for the Mercer County Schools Superintendent charged with Official Misconduct formally rebukes the allegations in a court filing calling on the judge to dismiss the case.

Superintendent Timothy Farquer, 53, is facing multiple charges including Official Misconduct, a Class 3 Felony. He is accused of ordering a school nurse to disclose vaccination information to him before compiling the data into a digital document and giving it to an unauthorized person.

Farquer is also charged with Unauthorized Access to Medical Records, and Computer Tampering, both Class A Misdemeanors.

A probable cause hearing was held Oct. 20 to determine if there is enough evidence to move forward with the case. However, the judge chose not to rule on probable cause and granted the defense’s request for more time to put their arguments in writing and allow prosecutors to read and respond.

Click here for full review of Oct. 20 hearing.

Defense questions merit of criminal charges against Mercer County Superintendent

On Oct. 27, the defense filed a Memorandum of Law in Support of A Finding of No Probable Cause detailing why they believe the judge should dismiss the charges.

In charging Farquer, the defense claims prosecutors have ‘contorted’ laws that only apply to healthcare-related activities or outright contradict the allegations.

Furthermore, the defense considers the allegations ‘frivolous.’ Saying, ‘the Hospital Licensing Act only applies to hospitals and its staff … Mr. Farquer is permitted to access student information if he has a legitimate educational interest, as determined by the School District.’

Aledo Police Detective Lindsey Kenney was the only witness called to testify in the Oct. 20 hearing who admitted her decision to pursue criminal charges was not based on district policies, but instead, The Family Educational Rights and Privacy Act (FERPA,) which states the following:

“In some situations, school administrators may determine that it is necessary to disclose personally identifiable information (PII) from a student’s education records to appropriate parties in order to address a health or safety emergency … to protect the health or safety of the student or other individuals.’

Despite the lack of an active public health emergency, Kenney testified that school nurse Amber Wood told police Farquer ‘demanded’ staff to compile a list of students and vaccine records, of which was uploaded to a Google Drive and accessible to a teachers union representative.

In the Oct. 27 memorandum, the defense writes, “No reasonably cautious person would believe Mr. Farquer violated any federal law solely on the basis of the legal interpretation of a detective that, as the State itself admitted at the preliminary hearing, is not an attorney and cannot interpret statutes.”

Specifically in regard to charges of Unauthorized Access to Medical Records and Computer Tampering, the defense argues, FERPA and the Illinois School Student Records Act permit Farquer to access student health information.

Without establishing probable cause that Farquer, “knowingly performed an act which he knows he is forbidden by law to perform,” the defense believes prosecutors cannot establish probable cause to charge Farquer with Official Misconduct.

NOV. 4 UPDATE: The next hearing is set for Nov. 14 at 2:30 p.m. when a ruling is expected on probable cause.

NOV. 14 UPDATE: