Grand jury investigates critic of McHenry County State's Attorney

A special prosecutor and grand jury are at work in McHenry County, investigating the actions of a former assistant state's attorney in the civil division and outspoken critic of State's Attorney Louis Bianchi.

The focus of the secret probe appears to be Kristen Foley, who resigned from Bianchi's office in 2005 and two years later filed an ethics complaint against him with the Illinois Attorney General amid a heated primary campaign.

"Based on what I'm seeing it appears she is the target, wrongfully so," said Foley's attorney, Mark Gummerson. "It would seem that she is a target because she went to the Illinois Attorney General to report violations."

Bianchi said he could not confirm or deny any ongoing grand jury proceedings.

But David O'Connor, a former Cook County prosecutor now in private practice, confirmed he is working as a special prosecutor in McHenry County. He declined to comment on the nature of his probe, who is under investigation or whether indictments are imminent.

"I am very limited in what I am allowed to say," O'Connor said. "It would be detrimental to others if I were comment on this."

Although sources would not go on the record about the nature of the investigation, a special prosecutor is appointed typically only in cases in which the normal prosecutor, in this instance the McHenry County State's Attorney, is found to have a conflict of interest.

Foley, now an attorney for the city of Naperville, has been subpoenaed to testify before the grand jury today, Gummerson said.

Documents related to the case, including the petition seeking the appointment of a special prosecutor, are under seal by court order.

It was Foley who filed a complaint with the Illinois Attorney General's office in October 2007 seeking an investigation into claims Bianchi had misappropriated county funds.

The complaint alleged Bianchi had unlawfully spent thousands of taxpayer dollars on parade candy, staff meals, office snacks, flowers and other expenses. Bianchi did not deny the expenses, but steadfastly maintained they were legitimate business costs. He has said he's since spent his own money on such expenses.

The Attorney General ultimately determined that Bianchi's spending did not violate any laws. In an unusual move, the attorney general's office also publicly disclosed that it was Foley who made the complaint.