Bianchi Lawyer Says Charges “Chickens**t”

Judge Sharon Prather’s courtroom Friday was more packed than I have seen it since the 22nd Judicial Circuit was inaugurated.

People were crammed in chock-o-block, many wearing carnations in support of McHenry County State’s Attorney Lou Bianchi.

The hearing was short with attorneys Terry Ekl and Ernest DiBenedetto appearing for Bianchi and Henry Tonigan and Thomas McQueen for the Special Prosecutor.

Judge Prather entered an order from the Illinois Supreme Court assigning the case to Winnebago County (Rockford). The judge assigned to hear the criminal case against Bianchi is Joseph McGraw.

Initially at least, McGraw is expected to do the traveling, but in a case about a Lake County judge, the Kane County jurist assigned the case made folks travel to Kane County a lot of the time, rather than making the arduous trip to the courthouse in Waukegan.

So, where the case will be heard is yet to be decided.

2,913 pages of evidence and Grand Jury transcripts were tendered to the defense by the Special Prosecutor.

Lou Bianchi attorney Terry Ekl carries out a box of records turned over by Special Prosecutor Henry Tonigan.

A motion for discovery was entered by the defense.

A status hearing will be held on October 22.

After the hearing, the attorneys disappeared behind closed doors in a conference room between the hallway and the courtroom.

Then, it was time for them to talk to reporters.

Earlier Bianchi had refused to comment, referring a reporter to his attorney.

First to be surrounded by reporters from the Chicago Sun-Times, Chicago Tribune, Daily and Northwest Heralds, the First Electric Newspaper and McHenry County Blog was Henry Tonigan.

He revealed that the grand jury has not been discharged.

When asked if anyone else would be indicted, the reply was “No comment.”

When Pete Gonigan of the First Electric Newspaper asked under what statute Bianchi had been charged, Tonigan referred him to the State Statutes.

The basis for Gonigan’s question can be found in his article entitled,

Ethics Act Doesn’t Cover State’s Attorney

He points out that the State Officials and Employees Ethics Act doesn’t apply to State’s Attorneys, because holders of that office are categorized as being part of the judiciary.

As I heard what he said, Tonigan refused to specify what specific law that he was alleging Bianchi has violated.

Tonigan left the corridor and Bianchi’s lead attorney Terry Ekl was up.

Terry Ekl

Then, the temperature rose.

“Tonigan doesn’t want the taxpayers to know the enormous amount of money that this lark is going to cost the taxpayers.”

[Tonigan has refused to allow his billings to McHenry County public, hiding behind the Open Meetings Act exemption concerning “open investigations.” See “McHenry County Refuses to Release Special Prosecutor’s Bill.”]

Ekl pointed out that the DuPage Seven trial cost $3 million, plus $3 million in fees.

“It’s going to be in the hundreds of thousands of dollars.”

Ekl criticized “private prosecutors who are being paid by the hour.”

Asked about the role of politics in the case, Ekl’s reply was,

“There is clearly a political component to this case to investigate Lou.”

Asked if Judge Gordon Graham, who appointed Tonigan as Special Prosecutor sail together, Ekl replied, “That’s what I’ve been told.”

But he did not have specifics.

Terry Ekl

“McQueen’s doing all the work,” Eck said about grand jury deliberations. “Tonigan’s just sitting there.”

Stimulated by another question, Ekl asserted,

“There is no bright line in the sand between politics and government.”

He pointed to parade floats, which help increase respect for law enforcement, but which have “a political spin off…So be it.”

That’s when the characterization in the headline came up. Ekl called them “chickens**t charges.”

With reference to the list of political donors, Ekl asserted, “What was actually done in this case didn’t violate any laws, any.”

He talked about the line between political and governmental activities.

It had to do “whether an individual was fund raising and campaigning out of his office…

“The evidence in this case will clearly show there was no fund raising in the office.”

Then, in reply to another question, Ekl said,

“No office staff at any time was involved in fund raising on state time.”

Will the defense ask for a change of venue, that is, for the trail to be held in another county?

“My inclination is it will remain here,” Ekl said.

The subject returned to finances.

Ekl explained that “unless you engaged in deliberate intentional misconduct” that he expected a not guilty verdict.

In that case, McHenry County taxpayers would pick up the cost of both sides of the case [much as Grafton Township taxpayers are expected to have to pay for Ancel Glink’s and John Nelson’s legal fees and consultant costs, about $162,000.]

If found guilty, Bianchi would be responsible for his own legal fees.

Ekl criticized Tonigan for not returning phone offers to have Bianchi appear before the grand jury to tell his side of the story.

“I never received a single request to testify before the grand jury. (That’s) reprehensible when you’re talking about ruining a man’s life.”


Bianchi Lawyer Says Charges “Chickens**t” — 7 Comments

  1. People are making a lot of money trying to destroy a good man.

    Why do I feel we are living in Nottingham and the Sheriff of Nottingham is in charge?

    Will Robin Hood come to help those that are terrorized and threatened??

  2. Yes, Earth Mamma, Special Prosecutor David O’Connor made a lot of money trying to destroy good people.

    Lou’s secret political witch hunt cost taxpayers $68,000 not including the State Police man hours which probably was another $68.000.

    That lark resulted in one person guilty of a misdemeanor and given court superv8ision by a judge.

    Now, Lou and his attorney are outraged by out of control special prosecutors with financial incentive.

    Where was their outrage over O’Connor? Funny!

    As an aside Momma, I too feel we are living in Nottingham with Prince John (Lou) the tyrant ruling over us.

  3. ef -It was O’Connor’s screw up.

    Regna, Foley, Michael Cooper and his “companion” whose name was redacted from the report (hmm why would that happen) that should have been charged. Bianchi did not know who stole the info, only that it was.

    The investigation turned up Dalby, she gave conflicting info and it was O’Connor’s decision. Amy was used by the others and took the fall.

    Notice Foley would not talk to Amy once it was being taped?? Did someone tip her off. Follow the crumbs.

    All those documents stolen, flash drive with all of it on held by a Nygren employee (maybe 2) for a year.

    The Nygren employee (Cooper) was Regna’s (a defense attorney) campaign manager and Nygren supported Regna.

    Are you getting a picture here??? Do you need a step by step instruction book??

  4. ef – further instruction – Graham – his signs being carried by Nygren people and put up with Nygren signs. Both Graham and Nygren supported by the same people.

    Graham should have recused himself and not been able to appointed his friend (who does not want us to know just how much he cost).

    “Honorable people”??

    Laughing all they way to the bank, thanks to people like you.

    How can someone that supports O’Neill possibly say what you say? Nygren wants John to go down and you support him and his crowd.

  5. Anybody want to take any bets on whether Earth Mother moves away from this terrible corrupt county after the Nov. elections, when nothing has changed, Nygren is still the sheriff, Graham is the newest Circuit Court Judge, and Lou is found guilty of a misdemeanor (they won’t be able to convict him of anything more than they were able to convict Dalby)?

    Sorry for the run-on sentence.

    It will surely be a much less vindictive bunch of postings on Cal’s site, and we can all hope that she is able to find someplace more to her liking.

  6. AZ, Intelligent people just need to wake up. Not counting on you

  7. Good move on your part to not count on me-common sense rules here, not fear and inuendo

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