Fake Facebook Page Case: Judge Tosses Charges Against Retired Orland Sergeant

COOK COUNTY — Charges against a retired Orland Park Police sergeant stemming from harassment complaints by the department's former deputy chief were thrown out in Cook County court this week, records show.

The allegations were lodged in April 2024 against retired Sgt. Ken Kovac, who police say created fake Facebook profiles purporting to be now-former Deputy Chief Brian West, then used them to defame West.

Cook County Judge Mohammad Ahmad on Jan. 15 dismissed both charges—false personation and disorderly conduct—against Kovac.

The accusations against Kovac arose amidst a months-long private investigation into another former Orland Park police sergeant's claims of retaliation, discrimination and harassment by leadership. A complicated web of conflicting complaints pitted then-Sgt. William Sanchez against West. Sanchez alleged racial discrimination, harassment and retaliation, naming both West and Police Chief Eric Rossi.

Ultimately, an investigation found Sanchez's complaints unfounded and "made in bad faith," while West's claims against Sanchez, however, were substantiated, officials said, leading to disciplinary action and ultimately, Sanchez's termination. Both West and Rossi were cleared, but as the investigation unfolded, West reported he faced ongoing harassment, allegedly by Kovac.

Kovac was accused of "creating two fake Facebook pages that impersonated Deputy Chief Brian West, by misusing personal photographs, engaging in activities that misrepresented West’s identity, and using an offset of the last name of Deputy Chief West," the Village previously said.

Using the accounts, the Village claimed Kovac "posted comments on Village of Orland Park social media sites while also soliciting friend requests from Orland Park Police employees and other citizens," all while portraying himself as West.

Kovac turned himself in on April 7, 2024, and was subsequently charged. Lawyers speaking on his behalf now say his arrest should have never happened.

"The judge's decision to dismiss the charges was clearly correct," said Attorney Dave Sterba, of Walsh, Fewkes, and Sterba. "The complaints were fatally defective as a matter of law, and the acts alleged do not constitute criminal conduct. These charges should never have been filed."

Attorney Justin Tresnowski, of law firm Hughes, Socol, Piers, Resnick and Dym, has agreed to represent Kovac in any civil action taken moving forward.

"These charges never should have been brought," Tresnowski told Patch. "Ken Kovac made a Facebook account that poked fun at the Deputy Chief of the Orland Park Police Department. The Deputy Chief didn’t like it and tried to use the criminal legal system to get even.

"This was a blatant abuse of power and a textbook violation of Mr. Kovac’s First Amendment right to speak freely without fear of criminal arrest and prosecution."

Tresnowski said his client has not yet decided if he will pursue civil action, but that they are exploring all options.

Kovac, who served in the department from June 1998 until his retirement in March 2019, on Friday said he was pleased with the outcome.

"I’m happy to be vindicated of these accusations," Kovac told Patch.

The Village late Friday shared its comment on the outcome. In addition to allegations noted previously, the Village said West "was subjected to harassment, including anonymous deliveries and false hotline calls linked to his work.

"Despite compelling evidence in the case, the Cook County State’s Attorney’s Office was unable to secure a prosecution, failing in its responsibility to protect Deputy Chief West as a victim of these malicious acts," Interim Village Manager Jim Culotta wrote in an email. "The Village of Orland Park is deeply disappointed by this outcome and stands unwavering in its support of former Deputy Chief West."