Lou Bianchi’s Case against Those Who Persecuted Him – Part 3

Here is the third installment of the posting of attorney Terry Ekl’s First Amended Complaint against Special Prosecutors Henry Tonigan, his assistant Thomas McQueen, Quest Consultants International, et al.  Here are Part 1 and Part 2.

Tonigan settled with Bianchi, et al, for $157,500.

Today we start with paragraph 83.

Thomas McQueen. Photo credit: First Electric Newspaper.

The Conspiracy to Force Bianchi From Office Continues

83. Shortly after obtaining the first indictment against Bianchi and Synek, Defendants Tonigan, McQueen, and Scigalski began a second illegal and unauthorized investigation of Bianchi, and two of his employees, Plaintiffs Ronald J. Salgado and Michael J. McCleary.

This investigation included interviewing witnesses about Bianchi’s handling of criminal cases, which clearly exceeded their authority under the orders signed by Judge Graham appointing Defendants Tonigan and McQueen on September 18, 2009 and January 7, 2010.

84. On October 1, 2010, long after Defendants Tonigan, McQueen, and Scigalski had already begun their second unauthorized investigation, Defendant McQueen filed a verified petition to expand their investigation which contained knowingly false statements regarding Bianchi’s allegedly improper intervention in three criminal cases, to wit:

  1. that Bianchi directed an ASA to reduce a plea offer to Ronald Salgado’s nephew (Jeremy Reid) from five to four years;
  2. that Bianchi asked an ASA to secure a recognizance bond for one of his relatives (Michael Morzos), a felony defendant, and instructed the ASA to delay the case so his relative could benefit from a diversion program which was not yet operational; and
  3. that Bianchi interceded in the case of a defendant (Tom Salvi), who was related to a financial supporter of Bianchi.

85. Defendant McQueen’s misrepresentations in the petition were intended to convince Judge Graham to expand Defendants Tonigan and McQueen’s authority to investigate and prosecute Bianchi and Salgado for crimes they did not commit and further the goal of the conspiracy to tarnish the reputation of Bianchi and drive him from office.

86. Based on Defendant McQueen’s perjured petition, on October 1, 2010, Judge Gordon Graham signed an order appointing Defendants McQueen and Tonigan as special state’s attorneys to investigate and prosecute individuals for using their official position in the SAO to give benefits in criminal prosecutions to friends, relatives, and supporters.

87. In regards to the second investigation, Defendants McQueen and/or Tongian, along with Defendant Quest investigators, and other as yet unnamed co-conspirators agreed, through explicit and/or implicit means, to fabricate evidence for the purpose of charging and prosecuting Bianchi and Salgado with criminal offenses, despite the lack of probable cause or competent
evidence to support such charges.

88. Prior to and after October 1, 2010, Defendants McQueen, Scigalski and Hanretty, interviewed several witnesses.

89. Prior to all witness interviews, Defendants Scigalski and Hanretty identified themselves as McHenry County Special Investigators who had been engaged by Special State’s Attorney Henry Tonigan to conduct an investigation into official misconduct in the SAO.

90. The interviews conducted by Defendants Scigalskiand Hanretty occurred at the direction of Defendants Tonigan and/or McQueen. After they were completed, the Defendant Quest Investigators informed Defendants Tonigan and/or McQueen of the substance of several interviews.

91. Several witnesses interviewed by Defendants McQueen, Scigalski, and Hanretty provided information that negated the credibility of any accusations against Bianchi and Salgado.  Defendants McQueen and the Quest investigators deliberately ignored and failed to document that exculpatory information.

Demetri Tsilimigas

92. After conducting witness interviews, Defendants Hanretty and Scigalski, in agreement with Defendants McQueen and/or Tongian, manufactured and fabricated false inculpatory evidence against Bianchi and Salgado in their reports while failing to properly document exculpatory evidence, to wit:

  1. Defendant Scigalski falsely reported that ASA Demetri Tsilimigras stated that he was directed by Bianchi to present the victim in the Thomas Salvi case with various alternatives to prosecution, one of which was for the victim to accept an apology and an agreement that Thomas Salvi would undergo counseling;
  2. Defendant Scigalski deliberately failed to record ASA Tsilimigras’ actual statement that he was the one who advised Bianchi of the options that could be given to the victim and Bianchi told him that if the victim wanted to proceed to trial, that was to be the end of the discussion;
  3. Defendant Scigalski falsely reported that former ASA Kirk Chrzanowski told him that Bianchi told him that the sentence for Jeremy Reid was to be four years, rather than five years, and that following Reid’s sentencing, the Reid family was greeted at the rear of the courtroom with Bianchi celebrating the sentence;
  4. Defendant Scigalski deliberately failed to report Chrzanowski’s actual statement that Bianchi did not direct him to reduce Jeremy Reid’s sentence to four years and that Bianchi did not have any face to face contact with Reid’s family;
  5. Sue Serdar

    With the knowledge of Defendants McQueen and Scigalski, Defendant Hanretty intentionally failed to report the statement of Sue Ann Serdar, the president of the Pro-Life Victory PAC, that contributions to Bianchi’s campaign were not in exchange for, or in anyway related to, Bianchi dismissing any charges against Thomas Salvi;

  6. With the knowledge of Defendant McQueen, Defendant Scigalski deliberately failed to prepare an investigative report to document the statement of Philip Weyna, the chairman of the Pro-Life Victory PAC, denying that any contribution was given to Bianchi in exchange for dismissing a case; and
  7. After Defendants McQueen and Scigalski interviewed Philip Hiscock, the former Chief of the SAO’s Criminal Division and ASA Kirk Chrzanowksi’s supervisor during the pendency of the Jeremy Reid case, the Defendants deliberately failed to prepare an investigative report to document Hiscock’s statement that it was he (Hiscock) and not Bianchi who made the decision to offer Jeremy Reid a four year sentence on a plea negotiation.

Henry Tonigan

93. Defendant Tonigan either participated in the agreement to manufacture and fabricate the false inculpatory evidence and conceal exculpatory evidence identified in paragraph 92, or that Defendant Tonigan was unaware that the evidence had been manufactured and fabricated and he unknowingly relied upon the false inculpatory evidence created by Defendant Quest Investigators and/or Defendant McQueen in ultimately deciding to charge Bianchi and Salgado.

94. Based on the fabricated inculpatory evidence and exculpatory evidence described in
paragraph 92(a-g) above, there was no probable cause or competent evidence supported any
accusation against Bianchi and Salgado alleging interference with any criminal cases.

December 2010 -February 2011: Defendants Again Engage in Gross Misconduct in Connection With the Special Grand Jury.

95. In relation to the second investigation of Bianchi, the Quest Investigators served subpoenas and subpoenas duces tecum at the direction of Defendants Tonigan and McQueen. These special grand jury subpoenas, which were issued by Defendant Tonigan and Defendant McQueen, were not in fact authorized or issued by the special grand jury, in violation of Illinois law.

96. As a result of the illegal subpoenas that were issued by Defendants Tonigan and McQueen and served by the Quest investigators, between December 3, 2010 and February 24, 2011, witnesses appeared and testified before the special grand jury.

Ron Salgado

97. When appearing before the special grand jury, Defendants deliberately engaged in misconduct for the purpose of improperly influencing the special grand jury to indict Bianchi and Salgado for crimes that were not supported by probable cause or competent evidence, to wit:

  1. Defendant McQueen falsely testified as a witness that Bianchi offered benefits to a few defendants that were not offered to everyone, in contravention of the way the system was supposed to work;
  2. Defendant McQueen knowingly presented the deliberately misleading testimony of Defendant Scigalski to the special grand jury concerning the baseless allegation that Bianchi dismissed the Salvi case in return for a campaign contribution from the Pro-Life Victory PAC, which Defendants McQueen and Scigalski knew to be false;
  3. Defendant Scigalski testified falsely before the special grand jury that he had been told by Defendant McQueen that Gwen Salvi, Thomas Salvi’s wife, testified that she had contact with Bianchi through the Pro-Life Victory PAC;
  4. Defendants McQueen and Scigalski knowingly presented false testimony to the special grand jury that Bianchi directed an ASA to reduce the sentence of Salgado’s “nephew,” Jeremy Reid, from five years to four years;
  5. Defendants failed to advise the special grand jury that Jeremy Reid was not Ronald Salgado’s nephew or otherwise related to Salgado;
  6. Defendants failed to advise the special grand jury that Michael Morzos was not related to Bianchi; and
  7. Defendants failed to advise the special grand jury that Bianchi was not involved in any decisions related to the disposition of Morzos’ case.

 February 2011: Bianchi and Salgado are Indicted and Arrested Without Probable Cause

98. After a reasonable opportunity for further investigation or discovery, there likely will be evidentiary support that Defendant Tonigan was responsible for determining what charges to bring against Bianchi and Salgado.

Defendant Tonigan either

  • deliberately ignored the fact that the charges were not supported by probable cause or,
  • Defendant Tongian, in making his charging decisions, unknowingly relied upon the false and manufactured evidence and witness statements created by Defendant Quest Investigators and/or Defendant McQueen during the investigation.

Supporters of Lou Bianchi like Mary Alger wore buttons like this in the courtroom.

99. On February 24, 2011, based upon the Defendants’ misconduct described above, the special grand jury returned an indictment against Bianchi for three counts of official misconduct (11 CF 169) based on Bianchi’s alleged intervention in the three criminal cases described above.

100. On February 24, 2011, the special grand jury also returned an inictment against Salgado for official misconduct based on the false accusation that Salgado told an ASA that his nephew, Jeremy Reid, should be given a four, instead of five, year sentence.

101. None of the charges were supported by probable cause or any competent evidence and in fact were directly contrary to the information known to Defendants McQueen. Scigalski and Hanretty.

102. As a result of the indictments, a warrant was issued for the arrest of both Bianchi and Salgado. On or about February 28, 2011, Bianchi and Salgado were both placed under arrest by the McHenry County Sheriff and held in custody at the McHenry County Jail.

103. Salgado’s bond was set at $50,000, requiring Salgado to post $5000 prior to being released from the McHenry County Jail.

February 2011: The Indictment and Arrest of McCleary Without Probable Cause.

Michael McCleary

104. As an investigator for the SAO, McCleary was required to be on call 24 hours a day, seven days a week, and his duties included locating and serving witnesses with subpoenas. As such, McCleary was assigned a McHenry County vehicle.

105. Defendants Tonigan, McQueen and the Quest Investigators began an investigation into McCleary’s personal use of the County vehicle.

106. In relation to their investigation of McCleary, Defendants McQueen deliberately
presented misleading evidence to the special grand jurors to create the false impression that McCleary was not authorized to use a County vehicle for personal use when McQueen knew that based on his position and duties, McCleary was in fact authorized to use his County vehicle for personal use.

107. On February 24, 2011, Defendant McQueen improperly testified as a witness to the special grand jury by falsely stating that McCleary had asserted his Fifth Amendment rights and refused to answer whether he reimbursed the County for gas mileage or expenses. At the time, Defendant McQueen was fully aware that McCleary was never asked a single question relating to reimbursement to the County for gas mileage or expenses.

108. Defendant McQueen further falsely told the special grand jurors that he had issued a subpoena for any documents which would show that McCleary did reimburse the County for gas mileage or expenses and that no such documents were produced.

In fact, no subpoena was issued which called for any such documents.

109. After a reasonable opportunity for further investigation or discovery, there likely will be evidentiary support that Defendant Tonigan was responsible for determining what charges to bring against McCleary.

Defendant Tonigan either

  • deliberately ignored the fact that the charges were not supported by probable cause or,
  • Defendant Tongian, in making his charging decisions, unknowingly relied upon the false and manufactured evidence and witness statements created by Defendant Quest Investigators and/or Defendant McQueen during the investigation.

McHenry County Jail

110. On February 24, 2011, based upon the misconduct described above, the special grand jury returned an indictment against McCleary for official misconduct. The indictment falsely alleged that McCleary committed a theft of the County vehicle assigned to him.

111. As a result of the indictment, a warrant was issued for the arrest of McCleary. On or about February 28, 2011, McCleary was placed under arrest by the McHenry County Sheriff and held in custody at the McHenry County Jail.

Tonigan and McQueen’s Defamatory Statements Further Tarnish the Reputation of Bianchi, Salgado, and McCleary

112. On February 28, 2011, the Defendant law firm of Kelleher & Buckley, acting through its agent Defendant Tonigan, and Defendant McQueen, issued a press release to the media.

In the press release, Defendants repeated the inflammatory allegations contained in the indictments against Bianchi, Salgado, and McCleary, which, as described above, they knew to be false and not supported by probable cause or any competent evidence.

113. On February 28, 2011, Defendants Tonigan, McQueen, and Scigalski also held a press conference.

Press conference conducted by Henry Tonigan (center), Thomas McQueen (left) and Robert Scigalski (right) to which McHenry County Blog was not invited. Photo credit: First Electric Newspaper.

At that time, McQueen, under the supervision and/or direction of Tonigan, again repeated the inflammatory allegations contained in the indictments against Bianchi, Salgado, and McCleary, which, as described above, he knew to be false and not supported by probable cause or any competent evidence.

During the press conference, Defendant McQueen also made additional false and inflammatory statements regarding Bianchi, Salgado, and McCleary, to wit:

  1. Defendant McQueen falsely stated that after the return of the first indictment Scigalski received calls from a number of lawyers regarding cases handled by Bianchi and that those cases suggested that the equal protection rights of all defendants were not being upheld because of favoritism;
  2. Defendant McQueen falsely stated that in a case where the defendant was Salgado’s nephew, Salgado called the ASA handling the case and told the ASA that the negotiated plea of five years would be reduced to four years;
  3. Defendant McQueen falsely stated that after being called into Bianchi’s office, the ASA was told that the sentence for Salgado’s nephew would not be a five year period of incarceration but rather it would be four years; andDefendant McQueen falsely stated that Bianchi instructed an ASA to give his nephew a recognizance bond on a criminal matter.

114. Defendant McQueen and Tongian’s statements in the press release and press conference were defamatory, violated the Illinois Rules of Professional Conduct, and were made in furtherance of the conspiracy to convict Bianchi, Salgado and McCleary, force Bianchi to resign from office, and tarnish the public’s opinion of Bianchi.

June-August 2011:Salgado and McCleary’s Cases Are Dismissed by the Court and Bianchi is Acquitted After a Motion for Directed Finding

115. In furtherance of the conspiracy to prosecute and convict Bianchi, Salgado, and McCleary for crimes they did not commit, Defendants Scigalski and Hanretty deliberately and without lawful justification withheld exculpatory evidence, including notes of critical witness interviews and witness statements, during the prosecutions of Bianchi, Salgado, and McCleary.

116. Only after Bianchi filed a Motion to Compel and then a Motion for Sanctions against Defendants Tonigan and McQueen, did the special prosecutors produce the notes prepared by Defendant Hanretty of the interview he conducted of Sue Ann Serdar.

However, Defendant Hanretty intentionally excluded from his notes Sue Ann Serdar’s exculpatory statement, in response to a direct question, that Pro-Life Victory did not contribute to Bianchi in exchange for Bianchi dismissing the case against Thomas Salvi.

117. On June 24, 2011, Defendant Scigalski deliberately gave perjured testimony at an evidentiary hearing on a Motion for Sanctions regarding who he spoke to during the investigation and what those individuals told him.

This was done in an effort to conceal the identify of the other participants in the conspiracy to charge and prosecute Bianchi, Salgado, and McCleary for crimes they did not commit.

118. By fabricating evidence during the investigation through manufactured interview reports and perjured grand jury testimony and then concealing their wrongdoing after indictment, Defendants Tonigan and/or McQueen, along with the Quest Investigators, forced Bianchi to remain under indictment for more than five months.

119. The withheld information revealed gross investigative and prosecutorial misconduct, and perjured testimony before the special grand jury, which if timely disclosed, would have led to the dismissal of Bianchi’s indictment well in advance of trial.

Joseph McGraw

120. On June 3, 2011, Judge McGraw dismissed the charge of official misconduct against Ronald Salgado based on the failure of the charge to state an offense against Salgado.

121. On June 29, 2011, Judge McGraw dismissed the charge of official misconduct against
Michael McCleary based on the failure of the charge to state an offense against McCleary.

122. Bianchi’s second bench trial began on August 1, 2011.

At trial, Defendant McQueen was assisted by Leone Flosi, an employee of Quest.

McQueen falsely represented to Judge McGraw that Flosi was an attorney who was licensed to practice law in the State of Illinois.

123. On August 1 , 2011, immediately prior to the commencement of trial and without any
prior notification to Bianchi, Defendant McQueen dismissed the charge against Bianchi which related to the prosecution of Michael Morzos.

On August 2, 2011, after a bench trial, Judge McGraw granted Bianchi’s Motion for Directed Finding and acquitted Bianchi of the two remaining charges.

Judge McGraw ruled that Defendant McQueen presented no evidence to suggest that Bianchi improperly handled any criminal prosecution or that he committed an offense of official misconduct.

Tomorrow:  “The Conspiracy Between The Special Prosecutors, Quest Investigators, and Other Unnamed Individuals Was Driven By Political and Financial Motivations.”


Comments

Lou Bianchi’s Case against Those Who Persecuted Him – Part 3 — 3 Comments

  1. It galls me to see the picture of McQueen, Tonigan, and Siegelski issuing their “press release”, from the hallway of the McHenry County Government Center, when, on the other hand, Terry Ekl, Lou Bianchi’s defense counsel, was told he’d have to “go outside” to respond to the public, make any statements.

    This favoritism continues to exist and support the conspiracy, or conspiracies, that pervade McHenry County government.

    This is not fiction, it’s a fact.

    Vote the thugs out of office, one at a time.

  2. There appears to be a double standard as to the legal protections afforded to state’s attorneys versus special prosecutors.

    Why is it that SA are protected from civil action and SP aren’t, as in the case of Henry Tonigan?

    SA aren’t held accountable for their actions, but SP are?

    If this is true, I believe that there would be less innocent defendants prosecuted if this protective law was stripped away from SA.

    All the Bianchi case proves is yes there was a conspiracy: it included Judge Joseph McGraw and the Illinois Appellate Prosecutor’s Office.

    Our legal system has been watered down by the stranglehold politics has on it.

    How many normal defendants have their cases dismissed by a judge without having to put up a defense? Zilch, this is very, very rare indeed.

    Something stinks in McHenry County, and Illinois criminal justice has sunk to its lowest level, losing credibility.

  3. Actually I have had a couple of cases dismissed by a McHenry County judge without having to put up a defense, in the last year.

    So I guess Spinner is wrong?

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