Just When You Thought the Lou Bianchi Prosecution Could Get No Weirder, Thomas McQueen Asks to be Relieved of his Role as Special Prosecutor

Special Prosecutor Thomas McQueen has filed a motion before Circuit Court Judge Gordon Graham, apparently Tuesday, to withdraw as the main man going after McHenry County State’s Attorney Lou Bianchi.

Previously, the Special Prosecutor first appointed by then-Associate Judge Gordon Graham, former Circuit Court Judge Henry Tonigan, asked to withdraw from the case to care for his ailing father.

Special Prosecutor Henry Tonigan (on the right) and his assistant Thomas McQueen (on the right) have both petitioned the man who appointed them, Judge Gordon Graham, to be relieved of their responsibilities. Photo by First Electric Newspaper.

Tonigan, however, has taken on internal investigative duties at Grayslake School District 46. Use of school resources in the last school board election has been documented by Tea Party members.

Graham refused to let Tonigan go on the grounds that the McHenry County Board had appealed his ruling to the 2nd Appellate Court, thus relieving him of decision-making power in the case.

McQueen points out that on June 20, 2011, (dated July 17, 2011) he received a letter from Bianchi defense attorney Terry Ekl threatening to sue him.

“Under the circumstances as they present themselves now, with the prosecution under threat of suit by the defendant, any further participation in this prosecution by the undersigned will give rise to questions about his judgment in tactical decisions and whether, in response to these threats against him personally and financially, has properly exercised his responsibility as a public prosecutor.”

Tonigan says that the threat will inhibit his “exercisi(ng) independent professional judgment” and “render(ing) candid advice.”

McQueen writes he has to withdraw in order “not to put prosecution in this case in any fashion whatsoever in an ethically improper perspective.”

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