MERCER COUNTY, Ill. – A judge ruled Friday there is sufficient probable cause to proceed with criminal case against the Mercer County Schools 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 of students and compiling the data into a digital document which gave access to an unauthorized person.
Farquer is also charged with Unauthorized Access to Medical Records, and Computer Tampering, both Class A Misdemeanors.
On Oct. 20, the defense argued in court Farquer’s actions were legal and within his authority as Superintendent. They also questioned the credibility of Aledo Police Detective Lindsey Kenney who testified on behalf of prosecutors.
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In that hearing, instead of ruling on probable cause, a judge granted the defense’s request to delay the ruling in order to allow them time to put all their arguments in writing and give prosecutors time to respond.
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.
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The response.
On Nov. 12, prosecutors countered the defense and filed a Memorandum In Support Of A Finding Of Probable Cause detailing why they believe the defense is wrong.
In the Memorandum, prosecutors begin by reaffirming the fact there is a low burden to find probable cause and that it, ‘does not even demand a showing of the belief that the suspect has committed a crime be more likely true than false.’
Furthermore, prosecutors defend the testimony of Kenney who said Farquer, ‘pressured, directed and coerced a school nurse, to provide confidential student medical records without lawful justification.’
Prosecutors say Kenney’s statements, ‘were not rebutted or refuted, only acknowledged and excused by the defense.’
Prosecutors also refute the defense’s claims Farquer, as superintendent, has the right to access student medical records, and that the alleged violations only apply to ‘healthcare-related activities.’
These statements, prosecutors believe, are enough to allow the court to find probable cause for the charge of Official Misconduct based on the allegation Farquer used his official capacity to commit Unauthorized Access to Medical Records.
Prosecutors refute the defense’s claim federal laws are irrelevant and board policies support Farquer, writing, ‘those policies indicate that the superintendent is responsible for, ‘the administration and management of the district schools in accordance with School Board policies and directives, and State and Federal law.'”
Furthermore, prosecutors refute the defense’s claim Farquer held the right to access student health records under the Illinois School Student Records Act, writing, ‘health records for permanent student records only pertain to information that is required to enroll in school.’
Based on the assertion Farquer did not have legal authority to gain access to the student medical records in question, prosecutors believe there is sufficient probable cause for the charge of Computer Tampering, and therefore sufficient probable cause for the felony charge of Official Misconduct.
In conclusion, prosecutors say the defense’s call for the court to dismiss all charges is, ‘unsupported and unwarranted.’
Click link below for full Memorandum.
What’s next?
On Nov. 14, a judge commended both sides for their respective arguments but ruled in favor of prosecutors.
Farquer pled Not Guilty and will continue to walk free under pretrial release.
The defense demands a jury trial but one has not been set. Instead, a status hearing is scheduled for Jan. 15 at 9 a.m.
Last month, the two IT staffers who also face criminal charges waived their right to a preliminary hearing and pled Not Guilty.
A pretrial conference for Andrea Long is set for Jan. 12 at 10 a.m.
A pretrial conference for Amberly Norton is set for Jan. 20 at 9 a.m.
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