No lawyer I, but Illinois does have a requirement that defendants get a speedy trial.
With first Special Prosecutor Henry Tonigan trying to bail from the criminal prosecution of McHenry County State’s Attorney Lou Bianchi and now his assistant Thomas McQueen trying to escape from having to prosecute the continually weakening case, won’t there be a speedy trial problem?
My guess is that Judge Gordon Graham will do with McQueen’s request the same thing he did with Tonigan’s, that is, refer it to the 2nd Appellate Court.
Since he no longer considers the case under his jurisdiction, Graham can’t very well appoint a replacement Special Prosecutor.
If the Appellate Court has to rule on McHenry County’s motion that Tonigan has charged too much for his, McQueen’s legal services, plus the investigative services of Quest International before Tonigan and McQueen can be release from their criminal prosecution responsibilities, wouldn’t a replacement Special Prosecutor come after that?
Bianchi defense attorney Terry Ekl has argued that a new attorney should be named, but that motion is somewhere in line in the Second Appellate Court cast.
Ekl asked for a new attorney because he believes one would look at the evidence and decide there was no crime committed, where McQueen and Tonigan found enough for four crimes.
One of the counts has to do with the First Time Offender program that Bianchi unveiled at the end of August, 2010. In his press conference, he used as an examples
“a man who rented a car and then rented to someone else to make some money to support his family and a shoplifter who stole not too much more than the $210 that qualifies for a felony arrest.”
Another count had to do with the lowering of a young man’s sentence from six to four years. He was incorrectly identified as Salgado’s “nephew.” On Friday, it was revealed that McQueen and his chief investigator were told the decision was made by Phil Hiscock, the Chief of the Criminal Division in the State’s Attorney’s Office.
The final count I can recall had to do with the dismissal of a misdemeanor count, which apparent political neophytes Tonigan and McQueen think occurred because of a campaign contribution from the Pro-Life Victory PAC.
The utter nonsense of such a quid pro quo was made obvious to Judge Joseph McGraw on Friday.
Might a more objective prosecutor than McQueen and Tonigan, who seem to be on a vendetta to oust Bianchi, conclude the decision to dismiss the misdemeanor is just proprietorial discretion?
If so, would the sole job of a replacement prosecutor be to dismiss the case against Bianchi?