Former Chicago Police Supt. Garry McCarthy will not be forced to testify in the increasingly hostile divorce case of former congressman Jesse Jackson Jr. and his estranged wife Sandi -- at least for now.
A judge on Monday said subpoenas seeking to have McCarthy and two others testify in the case have been stayed until jurisdiction in the highly-publicized divorce battle is determined.
The decision follows a motion filed last month by the soon-to-be former Mrs. Jackson looking to quash subpoenas in the case. The subpoenas included ones for McCarthy, Chicago businessman Richard Simon, and former police officer James Love.
McCarthy’s lawyer had also reached a separate agreement with Jackson’s attorney to hold off on any appearance.
“The subpoena to former police superintendent Garry McCarthy was surprising and unwarranted,” McCarthy’s attorney Morgan Stogsdill said outside of court in January. “Mr. McCarthy has absolutely nothing to do with the Jackson divorce.”
McCarthy and the others received subpoenas earlier this year, demanding that they appear for questioning by the former congressman’s attorney, and bring along documents and photos which might detail previous relations they may have had with Sandi Jackson.
“While Mr. McCarthy will follow any directive of this court, at this juncture, it is unnecessary to do so,” Stogsdill said.
Previously, Simon echoed McCarthy’s comments that he had nothing to offer in the Jackson divorce, declaring in an e-mailed statement that he had only met Sandi Jackson on two occasions, which were social events with more than 100 people present.
“I have not communicated with her directly or indirectly, or with Ms. Jackson by telephone or by any electronic means ever,” Simon told NBC5. “There are no gifts, funds, or anything else of value given to Ms. Jackson by me for any reason, nor have I done so for another.”
“From the media spin,” said Simon, “it appears that Mr. Jackson’s lawyer is far over reaching for legal actions in Illinois, so the court will keep the case in Illinois.”
In her motion to quash the subpoena requests, Sandi Jackson accused the former congressman of conducting a “fishing expedition."
“Jesse has improperly issued three third-party subpoenas simply to harass Sandra,” that motion stated. “The subpoeanas were filed in the public court file and immediately posted in online news articles, all without a copy being served on Sandra or her attorneys.”
That motion went on to declare that the one-time Chicago alderman was seeking a hearing, “to prevent any further abuse by Jesse, the consequence of which is the immediate dissemination of information to the public at large, including the couple’s teenage children.”