McHenry County Blog

Today McHenry County blog looks at March, 2011, billings from Quest International.

Quest is the company selected by McHenry County Special Prosecutor Henry Tonigan in his unsuccessful quest to convict McHenry County State’s Attorney Lou Bianchi of felony criminal offenses.

Robert Seigalski, Lee Flosi, Patrick Hanretty, Gerald Theis, James P. Reilly and Dan Jerger bill the Special Prosecutors $135 per hour, except for some travel, which Scigalski notes he bills at $70 an hour. The others do not bill $70 for travel time.

Here are the billings for March of this year:

3-1-11 2 hours – Jerger: Prepared discovery materials. Verify and label copies of evidence for production.

3-2-11 3.5 hours – Jerger: Prepared discovery materials. Prepared, traveled to and returned from 901 Warrenville road, Suite 176, Lisle, IL 60532. Dropped off evidence CD’s to Mary Nash, assistant to Terry A. Ekl of Ekl Williams PLLC. Updated McQueen telephonically.

3-3-11 3.75 hours – Scigalski: Call to Nichole Owens / call to McQueen / work on subpoena requiring internal communications

3-5-11 4 hours – Scigalski: Work on subpoena compliance making sure all McHenry relevant emails & notes are gathered, copied and notebooked.

3-6-11 4 hours – Scigalski: Meeting at Tonigan’s office / review with T. Carroll

3-6-11 3 hours – Jerger: Prepared materials for discovery.

3-7-11 6 hours – Jerger: Prepared materials for discovery. Reviewed case details.

3-8-11 9 hours – Jerger: Prepared materials for discovery production. Prepared, traveled to, and returned from 102 South Wynstone Park Dr. Suite 100, North Barrington, Il 60010. Met with Judge Henry “Skip” Tonigan and Tom McQueen to discuss case updates and strategy.

3-9-11 10 hours – Jerger: Prepared materials for discovery. Reviewed case details

3-10-11 1.5 hours – Flosi – Served subpoena on Keith Chval, Clarendon Hills, IL

3-10-11 9 hours – Jerger: Prepared materials for discovery. Reviewed case details

3-11-11 1.5 hours – Flosi – Served subpoena on Ronald Weiss, Arlington Heights, IL.

3-11-11 4 hours – Jerger: Prepared discovery materials. Prepared, traveled to and returned from…Lisle…Dropped off T2 evidence tape and T4CD to Tracy Kreczmer with Ekl williams PLLC. Updated McQueen telephonically and email.

3-12-11 1 hour – Jerger: Reviewed case details.

3-13-11 4 hours – Scigalski: At Tonigan’s Office, Participate in interview/ trial prep of A. Dalby. Again, later meeting at Tonigan’s office with McQueen for interview of Ron Weiss/ email Ownes/ call to Rein.

3-13-11 – Jerger: Prepared, traveled to, and returned from…North Barrington. Met with Judge Henry “Skip” Tonigan and Tom McQueen to discuss case. Reviewed case materials.

3-14-11 2 hours – Scigalski: Prep for and conference call with Tonigan and Nicole Owens and with McQueen

3-14-11 8 hours – Jerger: Reviewed details in preparation for meeting with Tom McQueen.

3-15-11 8 hours – Jerger: Prepared, traveled to, and returned from…North Barrington. Met with Tom McQueen to discuss case. Reviewed case materials.

3-16-11 1 hour – Flosi – Attempted to locate Sgt. Harris for subpoena service.

3-16-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-17-11 8 hours – Scigalski: Continue work on trial materials. Continue review for confirmation of production of all reports and notes beyond original order.

3-17-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-18-11 7.5 hours – Scigalski: Review ints – Weiss, Sullivan & Rein / prep PDF’s & email/ contact and email McQueen/ Call to Mist. Sgt. J. Jarris/ Call Chval w email/ confirm Subpoena – Harris

3-18-11 1 hour – Flosi – Served subpoena on Sgt. Harris, c/o Dispatch Desk, Illinois State Police H.Q., 9511 W. Harrison, Des Plaines, IL.

3-18-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-19-11 2.5 hours – Scigalski: At HT’s [Henry Tonigan's] office- Meeting to debrief Carroll

3-19-11 8 hours – Jerger: Prepared, traveled to, and returned…from North Barrington. Met with Tom McQueen to discuss case. Reviewed case materials.

3-20-11 2.5 hours – Scigalski: At HT’s office – Meeting with McQueen to debrief Dalby

3-20-11 5 hours – Jerger: Reviewed case details in preparation for trial.

3-23-11 Bianchi, Synek Acquitted of All Charges

The grand total for the February and March, 2011, bill from Quest International was $46,875.04.

April tomorrow.

With today’s billings from Quest International, we move into the second month of 2011.

Quest is the company selected by McHenry County Special Prosecutor Henry Tonigan in his unsuccessful quest to convict McHenry County State’s Attorney Lou Bianchi of felony criminal offenses.

Robert Seigalski, Lee Flosi, Patrick Hanretty, Gerald Theis, James P. Reilly and Dan Jerger bill the Special Prosecutors $135 per hour, except for some travel, which Scigalski notes he bills at $70 an hour. The others do not bill $70 for travel time.

Here are the billings for February of this year:

2-3-11 0.25 hours – Jerger: Prepared and responded to email.

2-4-11 2 hours – Flosi: McHenry Co. Matter: To Aurora with R. Scigalski to serve Kiawana Guyton…, Kiawana not home: Mileage 46

2-5-11 1 hour – Flosi: McHenry Co. Matter: To Aurora, & attempt to serve Kiawana Guyton…, Kiawana not home: Mileage 46

2-7-11 3.5 hours – Seigalski: Meet with Quest Agents O’Connell and Hanretty/ provide subpoenas and info for interveiw/ Conf calls with Agents and McQueen / review – Met with again ASA Chrzanowski in Palatine

2-7-11 7 hours – Hanretty: Conference with Seigalski and O’Connell in Palatine. Serve subpoenas in McHenry County on Morzos and three Reids.

2-8-11 2.25 hours – Flosi: McHenry Co. Matter: To Aurora, & attempt to serve Kiawana Guyton…Kiwania not home, serve occupant in her apt. at 2:55 PM. Prepare report of service. Mileaage 46

2-10-11 4.5 hours – Seigalski: Prep for & travel to Woodstock for GJ [Grand Jury]

2/10/11 1.5 hours – Seigalski: Prep for & travel to Woodstock for 80M ($70 x2)

2-10-11 4 hours – Jerger: Prepared digital photographs for discovery and printed.

2-15-11 4 hours – Seigalski: Compile photos and CDs for discovery and meet with Pros[ecution] Team at Tonigan’s office for conference

2-15-11 4 hours – Hanretty: Administration processing of affidavits of service of subpoenas from 2/7. Database research for a “Jackie” Jacques.

2-16-11 2 hours – Hanretty: Database research for a “Jackie” Jacques.

2-17-11 1.5 hours – Flosi: McHenry Co. W/ Scigalski to…Aurora & attempt to Interview Kiawana Guyton. Mileage 46.

2-18-11 7.5 hours – Hanretty: Subpoena service at McHenry Co. Administrative Offices, 2200 N. Seminary Rd. then attempt to locate Tiffany Albrect. Steven Albrecht at {number redacted] Sycamore, Crystal Lake, IL.

2-19-11 1.25 hours – Flosi: McHenry Co. To…Aurora & attempt to interview & serve Kiawana Guyton. No answer to repeated knocks on the Apt. Door. Mileage 46

2-21-11 1.25 hours – Flosi: McHenry Co. To…Aurora & attempt to Interview & serve Kiawana Guyton, No one responded to repeated raps on the front door. Observation at the rear revealed that no lights were on in the house. Milegate 46.

2-21-11 1 hour – Jerger: Teleconferenced and transferred sample audio tracks for recording presentation to Grand Jury.

2-22-11 2.5 hours – Seigalski: Conduct investigation re Morzos matter/ contact McQueen & Hanretty

2-22-11 3.5 hours – Jerger: Teleconferenced with Tom McQueen regarding case details. Emailed Tom McQueen. researched tape restoration options. Audio conversion for Grand Jury.

2-23-11 5 hours – Seigalski: Contact with Jacques for additional questions / prepare, send & prep & send Bates / work w Dan on tapes

2-23-11 1.25 hours – Flosi: McHenry Co: To home of Kiawana Guyton Aurora, IL and attempt to serve & interview. No Answer No one home. Mileage 46

2-23-11 4 hours – Jerger: began initial process of T4 and T5 evidence. Prepared converted audio recordings and methods for Grand Jury.

2-24-11 4.5 hours – Seigalski: Grand Jury appearance & testimony / assist witnesses (6)

2-24-11 1.5 Hours – Seigalski: Prep for & travel to Woodstock for 80 M ($70 x2)

2-24-11 5 hours – Jerger: Prepared, traveled to and returned from 2200 N. Seminary Ave., Woodstock, Il 60098. Grand Jury potential testimony and audio recording support.

2-24-11 Bianchi Indicted a Second Time

2-28-114 hours – Jerger: Forensically processed and duplicated T4 and T5 evidence in preparation for discover. Teleconferenced with Tom McQueen.

McHenry County Blog continues looking at what Special Prosecutor Henry Tonigan’s investigating firm Quest International billed for in its criminal investigation of McHenry County State’s Attorney Lou Bianchi and his staff.

Yesterday, we looked at September, October and November, 2010, bills. Today we cover December’s and those of January, 2011.

Robert Scigalski, Lee Flose, Patrick Hanretty, Gerald Theis, James P. Reilly and Dan Jerger bill the Special Prosecutors $135 per hour, except for some travel, which Scigalski notes he bills at $70 an hour. The others do not bill $70 for travel time.

12-1-10 9 hours – Scigalski: Call to Zinke re Reid and Wonder Lake Officer K. O’Connor. To CL interview Chief, Dep. Chief Lowery & Det. Majzner at Crystal Lk PD & meet with ASA DT [Demetri Tsilimigras] & PREP reports / Report to McQueen

12-1-10 1 hour – Scigalski: Travel to and from Crystal Lake, IL 44 miles ($70 x2)

12-1-10 3 hours – Hanretty: Serve subpoena to Detective Kurt, Crystal Lake P.D. and prepare affidavits.

12-2-10 3 hours – Hanretty: Obtain subpoenaed materials from American Banks & Trust & deliver to Judge Tonigan’s office. Prepare affidavits.

12-3-11 3 hours – Scigalski: To Woodstock at GJ [Grand Jury] with witnesses Review Documents for leads

12-3-10 1.5 hours – Scigalski: Travel to and from Woodstock, IL 80 M )$70 x2)

12-3-10 0.5 hours – Jerger: Prepared and teleconferenced with Tom Sullivan, updated and emailed Tom McQueen.

12-6-11 4 hours – Jerger: Prepared, traveled to and returned from 2200 N. Seminary Ave., Woodstock, IL 60098. Department data collection. Collected Qo90838-T15. Teleconferenced with Tom McQueen to update.

12-7-10 2 hours – Scigalski: Review DT’s additional Docs he provided and send PDF inventory. Work on photos for discovery.

12-9-10 4 hours – Scigalski: Meeting with McQueen re materials for Morzoz & Reid leads. Review Salvi remaining leads

12-10-10 1 hour – Scigalski: Work on discovery request / review email request of McQueen

12-20-10 5 hours – Scigalski: Prepare for and meeting at Tonigan’s office to discuss evidence & determine interview assignments/ review prior interviews for details and organize schedule and strategies.

12-17-10 1.75 hours – Scigalski: Review prison tapes of Reid and Morzos and discuss transcription strategy

12-17-10 2 hours – Jerger: Prepared evidence for searching indexing. Begin searches.

12-20-0 2.5 hours – Jerger: Continued indexing and searching of T-15 emails. Prepared and teleconferenced with Judge Tonigan Tom McQueen and Bob Scigalski regarding findings. Emailed search results.

12-27-10 1 hour – Hanretty: Meet Seigalski to obtain case materials.

12-28-10 2.5 hours – Scigalski: Meeting at Skip Tonigan’s Office

12-28-10 1 hour – Hanretty: Research contact information for Sue Serdar and interview.

12-29-10 3 hours – Scigalski: Prepare for and attend meeting at Judge Tonigan’s office with attorney McQueen to discuss strategy. Return and review leads for assignments.

12-29-11 2.25 hours – Reilly: Review of McHenry County Jail recorded phone calls for info of value.

12-30-10 3.5 hours – Scigalski: Prepare for an attend meeting at Judge Tonigan’s office with attorney McQueen to discuss strategy. Return and review leads for assignments.

12-30-10 4 hours – Reilly:Tel cal to ICSolutions for tech support. Tell cal to D. Jerger; Review McHenry County Jail recorded phone calls for info of value.

12-31-10 3.5 hours – Scigalski: Conference call w/ Lowery/then w McQueen/with ASA Carroll/Review contact made w treas./rev contribution docs

12-31-10 1 hour – Hanretty: Research contact information begin attempts to contact to arrange interview

12-31-10 4.5 hours – Reilly: Review McHenry County Jail recorded phone calls for info of value.

January, 2011, bills tomorrow.

McHenry County State’s Attorney Lou Bianchi’s defense attorney Terry Ekl has filed papers in court referring to ex parte communication with Judge Gordon Graham.

Ex parte communication occurs when one side of a court case communicates with the judge without the knowledge of the other side.

Bianchi’s attorney wrote,

“Special Prosecutor Henry Tonigan has stated in an ex parte communication with Judge Gordon Graham dated November 18, 2009 (attached as Exhibit B) that as of that date he and Mr. McQueen ‘have talked to a number of witnesses and some witness’s attorneys the past number of weeks’. He goes on to claim that:

‘….witnesses have sought to provide us information and data about additional possible illegal acts by Mr. Bianchi regarding the misuse or theft of County funds by means of Mr. Bianchi’s reimbursement practice through at least June of 2007. In addition, witnesses have advised that Mr. Bianchi’s staff performed political services for Mr. Bianchi while being paid by the County from 2006 through 2008. One witness has indicated that Mr. Bianchi utilized County vehicles for his personal and political use’”.

In attorney Ekl’s reply, which you can read in full here, he argues that “the Special Prosecutors illegally sought to expand their lawful authority as Special Prosecutors by engaging in ex parte communication with Judge Graham and without the filing of a petition sought to expand their authority. The full scope of this improper behavior is set forth in the Motion Dismiss.”

The argument points to the taking of a hard drive from the State’s Attorney’s Office on five minutes notice the day after the Grand Jury indictment was returned.

Ekl points to a 1993 court case which says, “the purpose of the subpoena must be to produce evidence for use of the grand jury.” Ekl further says the case (People v. DeLaire) “may not use the subpoena as a ‘ruse to obtain information.’”

“The issuance of this subpoena duces tecum by the Special Prosecutor was a clear abuse of the Grand Jury.”

The argument tells of the Special Prosecutors continuing “to use the Grand Jury to investigate this case by calling at least one witness, Richard Stilling, before the Grand Jury to provide testimony directly related to the accusations in the present indictment…It is improper for the Special Prosecutor to continue to investigate the matter contained in this indictment through the Grand Jury after the return of the indictment.” (The same case it cited.)

“Any investigation that focuses on the facts already covered by the indictment is improper because the inquiry of the Grand Jury has ended,” Ekl writes.

Next Bianchi’s attorney talks of the Special Prosecutor’s using the Grand Jury “to investigate Mr. Bianchi’s handling of individual criminal prosecutions. (Copies of media stories attached as Exhibit G.)” The phrase “leak to the media” is included in the paragraph.

“The Special Prosecutors have no lawful authority to use the Grand Jury to allegedly investigate individual cases prosecuted by the McHenry County State’s Attorney’s Office. It is particularly alarming when this unauthorized investigation makes its way to the news media in an obvious attempt to further diminish the Defendant’s reputation in the community from which potential jurors will be selected,” the brief continues.

Ekl next covers the part of the indictment which said that “the defendants did conspire with each other and with others known and unknown to the Grand Jury” to commit official misconduct and obstruction of justice.

Disclosure was ordered and the names of Ronald Salgado, Karen Rhodes, Michael McCleary and Nancy Prioletti were named, the court filing continues.

“As to all four (4) individuals, absolutely no evidence was presented to the Grand Jury from which any reasonable, fair-minded prosecutor could contend these individuals participated in the conspiracy charged in Count 1 of the Indictment.”

Ekl selects Bianchi Nancy Prioletti as an example, pointing out that her name only was mentioned three times “in response to witnesses before the Grand Jury which returned this indictment.

Read them for yourself in the full version published here.

“In a blatant and reprehensible act, these Special Prosecutors have disclosed to the entire community that Nancy Prioletti conspired with the Defendants and others to commit criminal acts based upon testimony before the Grand Jury which established that she was Lou Bianchi’s neighbor and that she served on his campaign committee,” Ekl writes.

In addition to Ekl’s complaint about the ex parte communication and improper use of the Grand Jury after the indictment was filed, Bianchi’s attorney is seeking the full Grand Jury transcripts.

“It is not for the Special Attorney to determine what is and is not material to the defense,” he writes. “Only the defense can possibly make such a determination.”

Ekl argues that the Special Prosecutors have failed “to present any legitimate reason why the transcripts should not be disclosed to the defense. Simply arguing ‘we don’t want to disclose the transcripts’ is nor a legitimate argument for the prosecution to make during a criminal proceedings when his liberty and future are at stake.”

Ekl points out the transcripts have been typed and are available.

“If no such misconduct occurred then there has been no harm. If, however, misrepresentations of the law or other prejudicial acts were committed by the Special Prosecutors the Defendant will in a position to assert his due process.”

In addition to the full Grand Jury transcripts, Bianchi’s defense asks for “all memorandum containing substantially verbatim reports of oral statements of witnesses, including handwritten notes.

The text of the Motion to Compel Discovery can be found here.