McHenry County Courthouse
Friday, McHenry County Blog pointed out that the McHenry County Board’s Law and Justice Committee was scheduled to approve a resolution “respecting the length of duration of the Special Prosecutor”in the case against State’s Attorney Lou Bianchi for using his office to advance his political aspirations.
It did so at this morning’s meeting. The resolution is below.
It asks that “the orders appointing the Special Prosecutor be clarified to delineate the scope of the authority as to subject matter and duration.”
RESOLUTION
REQUESTING A CLARIFICATION OF THE
ORDERS APPOINTING THE SPECIAL PROSECUTOR
WHEREAS, in April of 2009, an action was brought (09 MR 142) on a citizens’ Petition requesting that the court appoint a Special Prosecutor to investigate claims of official misconduct of the current McHenry County State’s Attorney and others working in the McHenry County State’s Attorney’s Office; and
WHEREAS, the court did appoint Henry Tonigan as Special Prosecutor to investigate allegation of official misconduct alleged in the 2009 Petition; and
WHEREAS, as a result of Special Prosecutor Tonigan’s investigation, the Grand Jury indicted, and charges are being prosecuted against the McHenry County State’s Attorney and an employee of the McHenry County State’s Attorney’s Office; and
WHEREAS, it is the understanding of the County that the investigation remains open under the November 2009 order, apparently under an interpretation of the order without reference to the fact allegations in the Petition informing the subject matter and time frame of the September 2009 order appointing the Special Prosecutor; and
WHEREAS, the County Board is concerned that the apparent vagueness of the November 2009 order will result in an open-ended investigation of the McHenry County State’s Attorney’s Office unrelated to the allegations in the Petition and pending prosecution, as such an investigation would create financial hardships for the County and potentially expose it to civil liability.
NOW, THEREFORE BE IT RESOLVED, that while it is not the intent of the County Board to diminish the supervisory authority of the court or the statutory McHenry County State’s Attorney’s Office acting through the Special Prosecutor or to interfere with the court’s discretion, it does wish the court to acknowledge the County’s interest as an intervener extends to requesting that the orders appointing the Special Prosecutor be clarified to delineate the scope of the authority as to subject matter and duration; and
BE IT FURTHER RESOLVED that the County Board desires to present the Board’s resolution to the court in order to get this matter before the court.
DATED, this fifteenth day of February, A.D., 2011
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Judge Gordon Graham is the “court” to which reference is made. The date is that of the next county board meeting.
You can read an eye witness account of the meeting by Gus Philpott, who writes Woodstock Advocate, here.
Well, maybe this won’t go on forever after all!
Glad the board is finally catching on. It makes absolutely no sense to pay ANY bill that is not itemized.
The county board is elected by the people and should represent and be advocates for the citizens.
Previously on this issue, Sandy Salgado was the only one with the courage and conviction to deny payment. Other board members should follow her example.
I think it is a disgrace that 2 judges are involved with doing this.
The real issue is why Tonigan and McQueen were appointed at all, when the county already has paid for the services of another agency that could just as well have been appointed as special prosecutors.
Each year the county appropriates $30,000 to compensate the State’s Attorney’s Appellate Prosecutor. That agency primarily handles criminal cases on appeal (as opposed to the State’s Attorney, who handles the cases at the trial stage). The $30,000 the county pays gets it the unlimited services of the Appellate Prosecutor.
Conveniently, the Appellate Prosecutor has a special prosecution unit, which can be appointed by courts when there is a conflict involving the county’s State’s Attorney. See here: http://www.ilsaap.org/special_prosecution_unit.htm
This investigation presents that very issue. And instead of costing the county over $200,000 (and likely to exceed half a million when the trial and appeals conclude), the special prosecution investigation could have been obtained for nothing more than what the county already pays annually.
Why were Tonigan and McQueen appointed?? Answer – Gordon Graham.
Friends helping friends??
Wow!! Now you’re all Lawyers and Judges?!?!?
Must be nice to have that Degree hanging on the wall above your heads!
An investigation goes a) wherever the “looking” leads you, and b) until you’re done.
Now the county board wants to defy (sp) a court order?
Sandy Salgado? You mean the daughter of the State’s Attorney’s investigator, Ron Salgado?
Nope, no conflict of interest there, I’m sure…………. Tonigan is a retired Lake County judge, and an independant investigator.
Got any body better in mind?
Tonigan is a Graham buddy. Working in Lake County, you can learn a lot!!!
Ok, vastare, and ? Still haven’t answered the question, “Have anybody better in mind?” Bianchi has a 21 count indictment against him NOW-he took that to a higher court to get it dismissed and was turned down by another “friend” of Graham?
Why did he want the charges dismissed? Not because “I didn’t do it”, or “They can’t prove it”; no, because the investigator “looked too hard” at the case and found a lot of evidence.
Take it to trial; see where it goes.
‘m pretty sure Graham knows Tonigan; he probably knows many other judges from Lake and Cook and DuPage Co too. I know Gus Phillpot-PROVE that he’s my buddy.