County narrows scope of Bianchi probe, asks for expense reports

McHenry County Board members, unhappy with the pace at which legal bills are piling up in the investigation of State’s Attorney Lou Bianchi, are asking a judge to limit the scope of that probe.

After an hourlong closed meeting, board members voted Tuesday night to tweak the language and send a resolution to Judge Gordon Graham asking him how much longer the investigation will take and, more importantly, how much more expensive it will get for the county.

Henry Tonigan III, the special prosecutor, is investigating claims made by former state’s attorney employee Amy Dalby, who alleges that while working as State’s Attorney Lou Bianchi’s personal secretary, she performed numerous political tasks at his direction — on company time. They included setting up a campaign fundraiser, tracking a donor list and typing letters to campaign supporters.

Bianchi has pleaded not guilty to the grand jury’s 21-count felony indictment.

Tuesday’s action asks that authorities narrow the focus of the probe to prevent it from becoming an “open-ended investigation” that could “create financial hardships for the county and its residents and potentially expose it to civil liability.”

The cost of the investigation so far has swelled to more than $220,000, and that’s through the end of August, County Administrator Peter Austin said.

There was concern a court order authorizing the investigation into misuse of funds in Bianchi’s office was too broad and that Tonigan and his associates could, for example, investigate the roughly 2,500 cases the county prosecuted under Bianchi from 2005 onward, board member Nick Provenzano said.

“There’s a need for clarification; it makes a big difference in what’s going on,” said Provenzano, also chairman of the law and justice committee, the group that recommended the changes.

But board member John Hammerand said the body was doing a disservice by attempting to limit the scope of the investigation. Narrowing its focus, Hammerand said, is like looking at “that little point of light out there, instead of seeing the moon.” He also questioned whether the county has the authority to define the probe.

“I think this thing has to run,” Hammerand said. “I agree it’s expensive and we all know that I’m cheap ... but I also think there’s certain costs in government that you’ve got to do.”

Bianchi is still serving as state’s attorney while the case is pending. He is due in court March 21 and if found guilty, he faces up to five years in prison.