Former NIU marketing professor David Richard Rink will be cleared of two forgery charges on Feb. 9, and might appeal his university dismissal in March.

State’s Attorney Philip DiMarzio said the Feb. 9 court date was set to determine the status of the case. However, he said the case has been evaluated by the State’s Attorney’s Office and will be dismissed because of lack of evidence.

Rink’s defense attorney, William Brady, said the NIU dismissal appeal procedures were not completed, but Rink intends to bring his case to the Board of Regents meeting in March.

NIU Legal Counsel George Shur said he could not comment on Rink’s intentions to appeal his dismissal.

The evidence was “quashed” on Dec. 28, 1987, when John Leifheit, DeKalb County circuit court judge, ruled the Kane County search warrant was invalid.

Rink’s motion to quash the warrant states the warrant was granted based on “heresay” evidence and factual material was “intentionally ommitted” when the warrant was granted.

Elgin Police searched Rink’s home Aug. 17, 1987, and found two rubber stamps—one with the signature of an allegedly fictitious doctor and another with the seal of his office. Other evidence included a social security card application form and a record of birth certificate for a Timothy Richard David.

DiMarzio said this case was unique because the search warrant was drawn up in Kane County and the search took place in DeKalb County. “I can’t recall any other case when the search warrant was drawn up in another county and executed in this county,” he said.

“We could have avoided the defects in the complaint for the search warrant if the officer in the case would have come to DeKalb County to draw up the search warrant,” DiMarzio said. “We were not notified that it (the warrant) was drawn up (in Kane County) until after the search,” he said.

DiMarzio said the prosecution can not use the evidence in question if the evidence is quashed.

Rink was charged with two counts of felony forgery with intent to defraud after he was arrested by Elgin Police.