Shane Lamb (Photo courtesy of the McHenry County Sheriff’s Department)

Attorneys for Shane Lamb have filed a civil lawsuit alleging overreach, intimidation, and evidence tampering on the part of McHenry County prosecutors in their individual capacities, along with members of the Johnsburg Police Department, revolving around the wrongful conviction of Mario Casciaro in 2013.

Lamb’s testimony, later recanted as coerced by prosecutors, helped convict Casciaro in the death of 17-year-old Johnsburg resident, Brian Carrick.

The Sept. 11 filing in the U.S. District Court at Rockford, under docket #17CV50280, was assigned to Magistrate Judge Iain Johnson with an Oct. 31 hearing date. It comes on the heels of a Sept. 8 settlement agreement on a civil lawsuit for wrongful conviction, brought by Casciaro and attorney, Kathleen Zellner, against the McHenry County State’s Attorney’s Office for $50,000. His litigation against the city of Johnsburg, its police department and several police officials remains active.

Val’s Foods in Johnsburg, as it appeared in 2010, was the alleged site of Brian Carrick’s murder. (Photo by Gregory Harutunian/for Chronicle Media)

Lamb’s filing lists Michael Combs, Chief of the McHenry County State’s Attorney’s Criminal division, Nichole (Owens) Kroncke, a former assistant McHenry County state’s attorney, unknown McHenry County assistant state’s attorneys, investigators Ron Salgado and Michael McCleary, Johnsburg Police Chief Keith Von Allmen, McHenry County, unknown city of Johnsburg police officers, and the city of Johnsburg.

“The lawsuit is meritless,” said McHenry County State’s Attorney Patrick Kenneally, in an email. “We are confident it will be dismissed in short order.”

The particulars state that Casciaro, Lamb, Robert Render, and Carrick all worked at the Val’s Foods in Johnsburg. It contends that Lamb and Carrick did not work on the evening of Dec. 20, 2002 but cashed their paychecks, and left. Carrick was never seen again and was presumed murdered after a lengthy nationwide missing persons alert and search.

Lamb was incarcerated, when subpoenaed in 2007, and returned to McHenry County. Casciaro was an early suspect, and the suit alleges that Combs, Owens, Salgado and McCleary prepared Lamb with information and dialogue, prior to a January 2010 taped interview.

Casciaro was indicted in 2007 by the county’s Grand Jury, for perjury regarding statements in the Carrick case, and was acquitted. With the taped Lamb interview, Casciaro was subsequently arrested in Carrick’s murder. A first trial ended with a deadlocked jury. A second jury trial resulted in a guilty verdict of first-degree murder by intimidation, and given a 26-year sentence.

Casciaro served nearly two years at the Menard Correctional Facility, before Zellner won his appeal in the Elgin-based Second Appellate Court and a September 2015 release. He is now attending law school.

In court, Lamb stated that on Dec. 20, 2002, he was asked by Casciaro to “talk” with Carrick over a drug money debt, and admitted to “getting out of hand,” by hitting Carrick, who fell back and struck his head on the concrete floor of a produce cooler. Lamb stated that Casciaro told him that he would remove the body.

Zellner’s appeal had also focused on the potential involvement of Render, as his blood, and DNA was also found in the produce cooler. Prosecutors asserted that Render was a nail-biter to the point of bleeding. Casciaro’s continued suit alleges that Render’s father was friends with Von Allmen, and that certain evidence was destroyed. Render is now deceased.

The suit continues that Lamb was reportedly given immunity from prosecution for his court testimony. In 2015, Lamb was found guilty of breaking into a residence and stealing guns, that resulted in a 20-year sentence in the downstate Danville Correctional Center. He then recanted his court testimony implicating Casciaro.

“There has to be accountability,” said De Luca. “The Johnsburg police were intimidating (Shane) Lamb, his family and friends, trying to coerce him into testifying.”

The particulars also highlight the bloody “boy’s size” underwear that was found in the ceiling where tile work was being done by Anthony Gebauer. It was taken to the Johnsburg police department, and later, not disclosed to Casciaro’s defense attorneys. It presently is unable to be located.

The Village of Johnsburg has previously stated it will make no comment on pending litigation.

–Civil suit filed by Lamb attorneys over Casciaro case–