UNION COUNTY - Union County State's Attorney Allen W. James said the truth is in the test, and that he passed it twice.

James said he recently took two voluntary polygraph tests in an effort to prove his innocence against allegations that he knowingly pointed a .380 semi-automatic handgun at a man attempting to serve him with a federal subpoena earlier this year.

Christopher Dees, an investigator working for a private company, contends he was attempting to serve James with a subpoena regarding a lawsuit filed by a former state's attorney's office employee the morning of March 19. As Dees approached James, in the parking lot of the Union County Courthouse, James allegedly pulled the gun and pointed it at him, Dees contends.

Dees filed his complaint with the Illinois Attorney Registration & Disciplinary Commission (ARDC) on Sept. 9.

James said he doesn't deny carrying the concealed weapon or pointing it at the private investigator, however, he denies having prior knowledge of who Dees was or why he was approaching.

The polygraph test was conducted by Dennis Smith of Herrin, who recently retired from the Illinois State Police.

"He is the person we would send people to and we trusted him," James said. "So, if we trusted him from the prosecutor's standpoint then I might as well trust him from the other side, as well."

James said he was asked whether or not Dees identified himself prior to his pulling the gun, whether or not the man displayed a badge, and whether or not he was able to readily identify him as a process server. James said he answered no to each question.

James said he was also asked if he had instructed employees against allowing Dees to serve him at the courthouse and whether he had seen Dees or his vehicle prior to his attempt to serve him that day. James said he answered no to that line of questioning, as well.

"We turned the results over to the ARDC and the special prosecutor," James said.

James said the polygraph was intended to primarily dispel the allegations stemming from the complaint Dees filed with ARDC.

Wayne County State's Attorney Kevin Kakac was court appointed to oversee the prosecutorial side of the investigation; James is the prosecutor in Union County and cannot be involved in the investigation.

Kakac declined comment on the matter Monday afternoon. He also said he unable to comment on an investigation being conducted by the Illinois State Police.

James said the law regarding unlawful use of a weapon states that a person cannot conceal a weapon unless at their home, own property, or fixed place of business.

He claims the Union County Courthouse is his fixed place of business and the law also applies to the parking lot where the incident occurred.

tara.fasol@thesouthern.com/351-5824