Perjury suspect wants state's attorney off the case

A former Round Lake man accused of giving false testimony during a co-defendant's murder trial is asking a judge to disqualify the McHenry County State's Attorney's office from prosecuting him.

In court papers filed Wednesday, lawyers for convicted murderer Justin Houghtaling say at least two members of State's Attorney Louis Bianchi's staff will be key witnesses in the perjury case against him, requiring the appointment of a special prosecutor to the case.

"The McHenry County State's Attorney's office is operating under an appearance of impropriety in its involvement in this case and should be discharged," the request states.

Bianchi said his office would object to the request.

"We don't believe there is any conflict," he said.

Houghtaling, 27, faces five counts of perjury alleging he repeatedly lied on the witness stand in August while testifying during the murder trial of Kenneth Smith.

Houghtaling, who is serving a 20-year sentence for his role in the same 2001 murder, claimed during his testimony that prosecutors were forcing him to testify against Smith and that a judge offered him $3,000 to implicate his friend.

Despite those claims, a jury convicted Smith, 32, of Park City, of the murder of Lakemoor businessman Raul Briseno. He now is serving a 67-year prison term.

The request for a special prosecutor cites two Bianchi assistants whom the defense believes have conflicts:

• Thomas Carroll, who now heads Bianchi's civil division, represented Houghtaling in 2001 when he pleaded guilty to his role in the murder.

• Assistant McHenry County State's Attorney Michael Combs, who is leading the perjury prosecution, was the prosecutor who questioned Houghtaling at Smith's trial.

Both will be called to testify at Houghtaling's perjury trial, defense attorney Michael Froelich said.

A hearing on the defense request is scheduled for Feb. 5.

Houghtaling currently is being held in federal custody while awaiting trial on allegations he mailed a threatening letter to a U.S. District Court judge.