Mario Casciaro is slated for a June 27 appearance in the courtroom of McHenry County Circuit Judge Sharon Prather to determine whether a certificate of innocence will be issued. A special prosecutor has been assigned to handle the case. (Photo by Gregory Harutunian/for Chronicle Media)

In an effort to avoid appearances that could be construed as a conflict of interest, McHenry County State’s Attorney Patrick Kenneally was granted a motion to replace his office with a special prosecutor in the June 17 hearing to determine whether a court-ordered certificate of innocence will be issued to Mario Casciaro. The Illinois Office of the State’s Attorney Appellate Prosecutor has also accepted the representation request, according to Kenneally.

A wrongful conviction lawsuit, filed March 27, on behalf of Casciaro by defense attorney, Kathleen Zellner over his prosecution and sentencing in the disappearance and presumed death of 17-year old Brian Carrick, from the Johnsburg Val’s Foods in 2002 has also seen a change. McHenry County was dropped from the suit May 19, while the Village of Johnsburg, and its police department, and assistant state’s attorney Michael Combs remain as defendants.

Johnsburg Village Administrator Claudett Peters said, “The village has no comment on pending litigation.”

The lawsuit contends that prosecutors “fabricated and withheld evidence” that helped convict Casciaro in 2013, during a second jury trial, resulting in a sentence of 26 years in prison. Testimony from witness Shane Lamb was used in the prosecution efforts, and later recanted by Lamb himself saying that state’s attorney Combs helped coach and prepare the story that was related in court.

Casciaro, 33, was a prime target of law enforcement in the case throughout a dismissed grand jury indictment for perjury, and two jury trials. An appellate court overturned the decision and released Casciaro in 2015, citing Lamb’s testimony in particular as containing a “lack of credibility,” and the prosecution’s case characterized as overreaching. Carrick’s body has never been found.

“Our position is that the appellate court has made its decision, and while I don’t agree with it, I respect it,” said Kenneally. “The trial is held to a higher standard for proof of guilt beyond a reasonable doubt, while the certificate of innocence proceeding is not held to the same standard, and not as stringent. While the preponderance of evidence may say that he (Casciaro) is not guilty beyond a reasonable doubt … it does not mean that he is innocent.”

Carrick went to Val’s Foods in Johnsburg for a work shift December 2002, and never returned home. In the second jury trial, Lamb provided testimony that he was told by Casciaro, whose family part-owned the store, to “talk” with Carrick about money owed for selling marijuana in the amount of $500. Another employee, Robert Render was also in attendance.

Lamb stated that he “got carried away,” and hit the 17-year-old Carrick, bouncing his head on a produce cooler floor, killing him. Casciaro was responsible for disposing of the body, according to testimony. Blood was found in the produce cooler, later attributed to Render, by authorities, characterized as a chronic nail-biter, although a pair of stained undergarments and testing results were subsequently lost.

Lamb later renounced his confession, stating he was offered immunity from prosecution in connection with the death, and that the story was coerced by Combs. He is presently serving a felony conviction for an unrelated residential theft of firearms, and break-in.

The lawsuit further states that evidence concerning Render was “deliberately” withheld from defense attorneys, and his activities were covered up following Carrick’s disappearance. It also contends that Johnsburg Police Chief Keith Von Allmen was friends with Render’s father, and acted in a biased manner. Render was charged with concealment in the case in 2008, but those charges were later dismissed. Render died in 2012.

Casciaro said, “The lawsuit has been filed but I cannot discuss, or comment on it. Everything that needs to be said is contained the legal brief that was filed.”

In a side development, McHenry County was released from the lawsuit May 19, Kenneally said. The county’s insurance company had raised opposition to funding the defense of state’s attorney Combs with county funds. The Schererville-based law firm of Knight, Hoppe, Kurnik, and Knight Ltd., had filed appearance notification on behalf of McHenry County and their argument was that the assistant state’s attorney is a “state of Illinois” position, and as such, any liabilities are not attachable to the county.

Casciaro is seeking unspecified monetary damages from the agencies and individuals named in the civil lawsuit. The actual complaint, filed in the Northern District of Illinois Western division federal court, under docket #17cv50094, originally listed, “Michael Combs, in his individual capacity, unknown McHenry County State’s Attorneys, in their individual capacities, McHenry County, Keith Von Allmen, in his individual capacity, unknown city of Johnsburg Police Officers, in their individual capacities, and the city of Johnsburg.”

Johnsburg Police Chief Keith Von Allmen was not available for comment.