Judge denies special prosecutor in case of former Will County deputy charged with sexual assault of child

A special prosecutor will not be assigned to a case where a former Will County sheriff’s deputy has been charged with sex crimes involving children.

On Thursday, Will County Judge Vincent Cornelius denied a defense motion requesting a special prosecutor for the case against Daniel Herod, 41, of Elwood.

Herod faces charges of predatory criminal sexual assault, criminal sexual assault and possession of child sex abuse materials.

Herod was fired on April 11 from the sheriff’s office following the investigation by Homeland Security Investigations, a law enforcement agency within the U.S. Department of Homeland Security.

Herod’s attorney, Neil Patel, argued a special prosecutor was needed in Herod’s case because Will County State’s Attorney James Glasgow’s Office is prosecuting a county employee whom the office would otherwise represent in court.

“That creates an appearance of impropriety,” Patel said.

Patel noted Herod was placed at the Kankakee County jail for his own safety since he was a correctional deputy at the Will County jail before his arrest.

Will County Assistant State’s Attorney Jeff Brown said state law requires far more than just the “appearance of impropriety” to bring in a special prosecutor. He said there must be an actual conflict of interest.

Patel said the close relationship between the sheriff’s office, Herod’s former employer and Glasgow’s office is sufficient to demonstrate a conflict.

Cornelius sided with Brown. He ruled that while Patel’s points were well taken, the circumstances in Herod’s case do not rise to the level of demonstrating an actual conflict of interest.

Herod is due back in court on Aug. 20 for another pretrial hearing.