A Cook County judge cited a missing files syndrome when he appointed a special prosecutor to investigate the 2004 death of David Koschman.
Police records on the case disappeared, and then re-appeared at a North Side police station.
A newly-released memo states the files weren’t lost or misplaced, someone took them without permission.
An internal affairs report says Lieutenant Denis Walsh searched the sergeants’ office at Belmont and Western several times over six months, beginning in January of 2011.
One evening in June, he found the records on the top shelf of a file cabinet in that office.
In the files, was a handwritten note that said “V Dailey Sister Son”.
Walsh writes in a memo to the commander of the detective’s division, which the Sun-Times obtained: “The file which was believed to have been lost was obviously not lost, but had been removed and returned in violation of department rules and regulations”.
The former mayor’s nephew, Richard Vanecko, is accused of throwing a punch that killed David Koschman during a drunken brawl outside a downtown bar.
The 21-year-old Mount Prospect man fell, hit his head and died 11 days later.
Police never questioned Vanecko, case files vanished and prosecutors did not file charges- believing Vanecko acted in self-defense.
The judge, who appointed special prosecutor Dan Webb, called that theory “fiction”.
This past December, a grand jury indicted Vanecko on an involuntary manslaughter charge.
It’s still investigating whether there was a cover-up because of his family ties.
Vanecko is free on bond.
His attorneys maintain David Koschman was the aggressor in the fight.
Police internal affairs could not determine who removed the files or who returned them.
A McHenry County judge was brought in to preside over Richard Vanecko’s trial.
No trial date is set.