Prosecution of Special Prosecutor Thomas McQueen Withstands Directed Verdict Motion for Dismissal

Arising out of the two criminal prosecutions of McHenry County State’s Attorney Lou Bianchi for official misconduct, among other charges, was a motion by Bianchi to hold Special Prosecutor Thomas McQueen in indirect criminal contempt of court.

Terry Ekl

Terry Ekl

Prosecuted by Bianchi defense attorney Terry Ekl, the case went to trial in Winnebago County Chief Judge Joseph McGraw’s Rockford courtroom.

Ekl put on his case, pointing to numerous instances in which McQueen and his colleague Henry “Skip” Tonigan did not provide all documents requested during the discovery phase of the trial.

One was an email memo concerning allegations raised by then-First Assistant State’s Attorney Tom Carroll.

It started with an opinion of Carroll saying that when one asked Carroll for the time, he build a clock.

McQueen’s defense attorney Matt Henderson argued that memo was “work product” of the investigator, which was exempt from the discovery process under a Illinois Supreme Court rule.

Ekl countered that the one sentence could have been redacted (blanked out) and the rest of the email provided to Bianchi’s defense team.

Henderson said it was a strategic decision to withhold the email.

Further argued was that emails were not included in Judge McGraw’s production order.

Most of the evidence Ekl said was improperly withheld concerned emails found during discovery in a related Federal Court civil case.

15,000 pages were turned over in the Federal case.

McQueen’s defense included the lack of proof that McQueen even got the emails.

Robert Scigalski, a witness for the prosecution, repeated said that he did not know if McQueen got information he emailed or delivered in person to Tonigan’s Barrington-area office, where documents were kept.

The defense also argued that the lack of the turnover of the documents did not affect Bianchi’s acquittal.

The case continues Thursday with McQueen scheduled to be on the witness stand in his own defense.

= = = = =
The Northwest Herald had a reporter in the courtroom. Her article will undoubtedly add other details.


Prosecution of Special Prosecutor Thomas McQueen Withstands Directed Verdict Motion for Dismissal — 34 Comments

  1. Let this trial send a messages to all Prosecutors who chose to falsely convict people…

    Prosecutors should never be above the law and there should always be accountability.

  2. Does this include Lou Bianchi’s efforts within the States Attorney’s office which are not only unsuccessful but unwarranted?

    Should Lou be held personally liable to the detriment of the McHenry County taxpayers who would have to pay for his irresponsible behavior in office?

    Should all those he not only falsely accused but then tried to strong arm lay down the forgiveness for which he asked, and was given, to avoid personal and professional embarrassment along with financial harm to the county take back this forgiveness and expose Lou Bianchi to the same revenge? T

    his pursuit of meaningless revenge on two men who were appointed to look into the wrongdoing of the McHenry County States Attorney’s office, with Lou Bianchi as its head, is offensive to the very sensibilities which saved Lou from the same treatment.

    The (mis)behavior of the McHenry States Attorney’s office was widely known in many northern Illinois counties.

    This crowing from the hill about what a fine man he is creates a feeling of desire to visit the same behavior Lou displays back upon him.

    Lou is far from perfect.

    Lou is not seen favorably at all among many in the community.

    Lou has worked very hard to overcome his personal and professional deficiencies and those efforts have been appreciated.

    However, this legal revenge he is attempting is against his own stated new found beliefs and offends his own efforts to reform.

    We urge him to turn from a path which will only invite upon him what he invites upon others.

    Particularly if he is successful his current path will lend perfect precedent.

  3. Hopefully in the future the choice of Prosecutor is not an incompetent buffoon or accepts payoffs from the Taylor Street Boys.

    This was a no brainier and Mr. Corruption himself, Louis Bianchi should have been convicted.

  4. Is “Taylor Street Boys” an Italian epithet?

    I’m confused as to what that means, Don.

  5. “Fukoku” = Kim Zinke. Your husband Andy Zinke has been called a buffoon.

    You sound like a parrot Kim and you have no mind of your own….

  6. Back in the day, in the Old Italian neighborhoods were controlled by one leader and his thugs were referred to as the Taylor Street Boys.

    The reason they were called the Taylor Street Boys is because the neighborhood leaders would meet their Lieutenants at the Italian-American restaurants of Taylor Street in Little Italy in Chicago’s Near West Side.

  7. Duncan Mchenry = Zane Seipler, if you put just half of the energy that you put in this blog looking for a job, you wouldn’t have to live off your Mamasita.

    Living for this blog is not healthy.

  8. Everybody keeps claiming that Fukoku = Kim Zinke.

    But she’s not nearly bright enough to make most of the references that Fukoku makes.

    Considering that maybe two people in the MCSD have college degrees that required sitting for the SAT/ACT, my money is on them.

    Who wants to send out the FOIA request?

  9. Priest nailed this case on the head.

    Dangerous prescient if he wins.

    Requests for directed findings after “state ‘s” case is usually denied.

    When defense starts or rests, burden shifts.

    Directed verdict may, or may not be granted then .

    Not real clear about federal courts.

    Never seen a trial in federal court only misdemeanor court.

  10. I applaud you markmcguire as I am giving you a standing ovation.

    I have never been a member of the MCSD and I have obtained my Master from the University of Chicago as I retired in 1999 from the City of Chicago Police Department after 28 years and severed as a detective for 18 of those years.

    I am not Asia, but I was born in Japan and lived there until I was 13 years old until my Father, a Major in the United States Air Force, transfer back to the states.

    Fukoku Kyohei was my nickname given to me by my classmates because Americans are much larger than the Japanese people are.

  11. Well, Fukoku, your U of Chicago masters degree doesn’t impress me.

    Your comments against Bianchi and supportive of the MCSO are frought with irrational politically biased agenda.

    The fact that you spent “28 years in the Chicago Police Department” also doesn’t impress me.

    That means you retired ~53 years old and since then you’ve been soaking the taxpayer with your bloated pension.

    Such pensions are bankrupting our state.

    I find that aspect of your resume offensive, not impressive.

    The fact that you think it’s impressive is a reflection of how disasterous the relationship between the state and our public unions have been to our economy.

  12. Hmmm… lots of clues there, I now have a very good guess who Fukoku is.

    Not only is Zane and the Prim crowd way off on their accusations, but if I am right there may be a big surprise left in this race.

  13. Well CLM there are huge holes in your assumptions and math.

    ut hey it wouldn’t be the Prim crowd if it wasn’t for massive assumptions stated as facts.

    However for the Bianchi/Prim crowd to talk about comments “frought with irrational politically biased agenda”…lol…

    I don’t care who you are that there is funny.

    You guys still celebrating letting Amati get away with pursuing that little girl and targeting her mother?

    Off course you aren’t going to find a lot of coverage of that on this site as it doesn’t fit the desired narrative here.

  14. Fuko, come one..You even Fu%(_# up that story.

    See, I too came from the sit tay. (city). East of Ashland was not controlled by one leader.

    Taylor Street was called the farm club, of you know …

    The dividing “wall” was the housing project that was 95% black and no one ever fought with each other, we just accepted one another.

    There were several other groups of guys in the neighborhood, Polk & Aberdeen (The Shack), Taylor St. & Halsted, Taylor St. & Ashland, Polk & Loomis, none of the groups in the neighborhood fought with each other.

    Fuko I’m sure you spent time in the 1100 blk south State St…Think address was 1121 south ? .

    So with this being said my brother, you have to realize why no one wants Zinke, and instead want Mr.Bill Prim to be the next Sheriff of McHenry County.

    You work 20 dist ?…2020 or 2024 ?….

  15. Once again facts of crap you have proven yourself to be an idiot.

    There is 25 City of Chicago Police Districts and Community Areas and there are NO 2020 or 2024 Districts.

    Again you are confused, the farm club was a term used by the Chicago Stone Greasers gangs that hung out at the Main Street Metro Station at Taylor Street.

    As for the dividing “wall” as you called it, it was known as the Chicago Wall, a physical and psychological barrier that divides the city that contained low-income Negro’s in public housing (Cabrini-Green and Robert Taylor Homes) that stretched for more than four miles on the South Side between Cullerton Street and 54th Street just east of the Dan Ryan Expressway.

  16. Well CLM, the last place on this plant I would try to impress anyone is on this blog.

    As for my well earned pension, I paid into my pension and deserve it as I protected the people of Chicago.

    Our State pensions are bankrupting our state because of poor management by our state government.

    I have a question for you CLM, are you at liberty to collect Social Security that you paid into that is bankrupting our Federal Government?

  17. Jeez, this has must be like when a plane crashes in the Andes. If help doesn’t come soon everyone starts eating one another.

    CLM launches an attack on Fukoku (whose posts I often find bizarre) but rather than pick the low hanging fruit and attacking on some factual basis, CLM takes issue with the alleged pension that Fukoku EARNED as a police officer.

    CLM, pay attention, the state of Illinois neither funds nor is responsible for Chicago police pensions.

    Like just about every other public pension, the police contribute a hefty amount to the fund and the city of Chicago pledged to do the same.

    Surprise, surprise, neither the city nor the state did what they were supposed to do so now we attack the people who were victimized by the lies and omissions of the politicians.

    That makes a huge amount of sense.

    What’s next CLM?

    Are you going to have some choice words for rape victims?

    Will you blame them for being born female?

    It would make about as much sense as your position on the pension.

    I could go on, but I won’t.

    I do thank you, Duncan, Fukoku and a hosr of others for providing much needed comic relief to those fortunate enough to find this blog.

    Baseless accusations, hyperbole, and irrationality can be entertaining if one is in the right frame of mind.

  18. It has been awhile since you have post ButSeriously, welcome back.

    You are so correct ButSeriously, Duncan Mchenry = Zane Seipler and the Prim Misfit Club is way off on their accusations.

    I have stated in this blog several times when you discover my true identity you all will be surprised.

  19. Hey Fukoku Kyohei:

    You say that they called you that because “because Americans are much larger than the Japanese people are…” so what does it actually mean?

  20. “Fukoku”= Kim Zinke.. Currently, there is a book titled “Political Campaigning for Dummies”

    Lesson one: Tell lies so often even you will believe them.

    Apparently, Andy and Kim Zinke are the co authors..

    Surely, the two of you could put out the next addition, seeing how you have both run this campaign…

    Andy Zinke Gives Cal the finger at a public parade.

    Kim Zinke drops the f bomb at the same public parade in front of families and the elderly.

    Andy Zinke has Cal’s blog shut down with false accusations of stalking.

  21. Back to the book again, Murder in McHenry, and game shows .

    More “one trick pony ” posts

  22. I have been watching these comments, all I can say is bait and switch from the Nygren/Zinke regime . . . what a dog and pony show they are putting on for all of us.

    Stupid is as stupid does!

  23. Accurate Reader, what I mean is Asians are typically smaller (physique) than European Americans.

  24. Butserious, oh boy, tell us who Fuky nut job is.

    What’s the big surprise?

    Andy really was a clown at one time?

    Andy and Don are actually married ?

    The FBI is going to arrest Keith and Andy?

    The NWH is going to print a story about how Andy made a big arrest?

    Don’t keep us waiting.

  25. You are not kidding AZsupporter, back to that book again and again.

    This was not a mob-related mafia hit, but simply a killing by an angry jealous ex-husband.

    Paul Scharff is nothing more than a Mafia groupie trying to sell a fictional book by twisting the facts.

    I could shoot holes in this book in my sleep.

  26. Let’s do a fact check on Fuko (aka Vibrator because the Fukoku 9000 apparently is a Japanese made vibrator).

    1.) In Vibrator’s original posts “she” was an Japanese grandmother. This was “her” statements relatively early on in the Zinke for Sheriff saga. Go back and check the articles where Andy flips off the parade crowd.

    2.) Vibrator’s Facebook page says “he” graduated from International Christian University High School which is near Tokyo in 1993.

    3.) Vibrator states above that “it” retired from CPD in 1999 after 28 years.

    4.) In 1999 the retirement age at CPD was 60 years old, unlike today where it is 55.

    5.) Vibrator would have started with CPD in 1971 to retire after 28 years in 1999.

    6.) If he/she was 60 years old at time of retirement that would make her/him 74 years old which corresponds to the “grandmother” statements in earlier posts.

    7.) International Christian University High School in Japan where Vibrator says he/she went to school didn’t open till 1978. He/she was already working for CPD in 1978, forgetting that FB states graduation in 1993.

    8.)Vibrator doesn’t say what the Masters form Univ. of Chicago is in but as far as I know there is nothing police related being taught at U of C in Master’s program. (Awaiting Response Kim)

    9.)Vibrator writes that Cabrini-Green is/was on the south side. Not the last time I drove Division.

    10.) Is there a Metro Station on Taylor? There is no Main Street in Chicago.

    11.) 2020 and 2024 refer to areas, 20 and 24 10-20 is the radio code for location/area, short speak for CPD is 2020 or 2024 District 20, District 24. CPD would know this. Both 20 and 24 are on the Northside. Rogers Park and Foster. Again CPD would know this.

    I don’t have anymore time to continue to show Vibrator’s lies. I can’t post on this site every 2 hours round the clock as the former detective can.

    Hey when is Andy’s deposition?

    Did Fuki get her subpoena or is she trying to dodge it like she did when she went crazy in 2007.

  27. There has only been one person that claimed that I said I was a Japanese grandmother on this blog, Duncan Mchenry = Zane Seipler.

    Don’t we all find it to be very strange that we have not heard from Duncan Mchenry = Zane Seipler yet who lives on this blog?

    Could it be that Sandman Bring Me a Dream is Duncan Mchenry = Zane Seipler?

    This would not be the first time Duncan Mchenry = Zane Seipler changed his post name.

  28. I want to thank Fukoku Kyohei for inviting me to the conversation.

    I can appreciate your skepticism of Undersheriff Andrew Zinke claiming that my father’s murder was a mob hit, when he named Outfit associate and Hole in the Wall Gang member Larry Neumann as the killer of my father.

    I voice your opinion that Andrew Zinke should not be trusted based on his lack of integrity and professional decorum.

    We all have seen or have read about his adolescent tantrums and criminal conduct.

    I have written about them myself.

    I have dealt with him personally and found him at best to be unresponsive, to at the worse covering up evidence in a criminal investigation of a double homicide.

    However in this case Fukoku I think that we can believe Andrew Zinke when he named mobster Larry Neumann as the killer.

    I would never take Andy’s words alone, but we have other creditable witnesses in a government informant, FBI, and Las Vegas Metro Intelligence.

    Being the victim’s oldest son, this is good enough for me, and in return it should be good enough to the rest of us.

    I do read this blog and the comments often.

    Fukoku you seem to comment a lot.

    However, what I don’t see of yourself or other’s is the holding of you accountable for the comments that you make.

    You referenced my book as a fictional book that I have twisted the facts to.

    A book that you can shoot holes through in your sleep.

    In short, you called me a liar and you now have slandered me on this public website.

    That is not going to stand Fukoku, you have your creditability and mine on the line (uninvited by me, I might add).

    I am giving you an option to recant your slander against me or start poking holes!

    I will not stand by while you call me a liar nor will I allow myself or any other victim be slandered by you or anyone else for the sake of supporting the corrupt Regime of Nygren and Zinke.

    Let’s begin by your knowledge of the murderer to the double homicide of my father, Ron Scharff and his employee Patricia Freeman.

    You said that it was a jealous ex-husband, who are you talking about?

    Have you turned over this new information to the investigators of the McHenry County Sheriff’s Department?

    I am expecting one of two things from you and I will not settle with anything less.

    You will either recant your statement of knowing any real knowledge of this double murder and apologize for slandering me and calling me a liar; or you can start poking holes in the facts to my book.

    If you cannot or will not do one of those two things, I will remind you and others that your comments completely lack integrity and creditability.

    That your comments should be taken for what they are, unsympathetic, trash comments of murder victims in your hopes to help support the corrupt Regime of Nygren and Zinke, who are responsible for much of the same victimization.

    Where do you stand Fukoku?

    I will be directing those that interact with me to these comments, so we are all waiting for your reply.

    The stage is yours Fukoku and many are watching.

    Who is the liar here, you or me?

    One of us is, right?

  29. Is it just me or is Fuky completely f$%k&%g nuts.

    Everyone is Zane, because your so insane.

    Maybe Cal is actually Zane in disguise.

    Maybe Duncan is Kim and Fuky is Kim and she is arguing with herself.

  30. Fuko, now i know your full of sh$&)..

    If you worked for the CHi town pd, you would clear know 2020 ..and 2024..instead you went on some stupid theory about how many districts in chicago.

    I know how many.

    So, now with that being said.

    How come Stinky didn’t disclose to Kane County Sheriffs Office all the information he knew about by recommending his wife to them ?

    If Zinke can’t tell the truth about this, one can only imagine what else he deceives the citizens of McHenry County from..

    Like maybe July 1, 1997 incident to begin ?

    Was this the clowns coming out day ?

    What happened for the following years after this day ?

    Could someone get a k9 ?

    Could someone fail a basic Sgt. Exam and cry like a little baby to get overturned because he is Andy ?

    Oh, and lets not forget those threats of Andy quitting MCSO to go to Lake County either…lol, thats right, Lake County didn’t want anything to do with you either !

    So Fuko, Zinke will not be Sheriff..only one man has the experience, leadership skills, the knowledge, and the true care for the better life of Mchenry County Deputies and citizens and that is MR. BILL PRIM FOR NEXT MCHENRY COUNTY SHERIFF ..

  31. Hey Fuk,

    Are you sure it wasn’t your boyfriend who retired in 1999?

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