McHenry Co. Grand jury probe continues

A former assistant McHenry County State's Attorney testified before a special grand jury Thursday, but not the one reportedly the focus of a special prosecutor's probe.

James Kelly, who worked in the office's civil division under previous State's Attorney Gary Pack, appeared briefly before the panel Thursday as it continued a heavily shrouded investigation into criminal allegations.

Kelly, who now is in private practice, and his attorneys declined to comment after his testimony.

His former state's attorney colleague, Kristen Foley, also appeared at the McHenry County courthouse Thursday under a subpoena to testify, but ultimately did go before the grand jury as her lawyer and the special prosecutor, David O'Connor, were unable to resolve legal issues surrounding her possible testimony.

She is scheduled to return next week.

Foley attorney Mark Gummerson said this week he believes she is the target of the special prosecutor's investigation.

Foley left the office in 2005 and now works a lawyer for the city of Naperville.

Both Gummerson and O'Connor declined to comment on the day's events.

It was Foley who in October 2007 filed a complaint against State's Attorney Louis Bianchi with the Illinois Attorney General, alleging he misappropriated county funds to buy parade candy, meals for his staff, snacks and other personal items. The attorney general ultimately ruled that the spending did not violate any laws.

Her complaint came amid a heated Republican Party primary battle between Bianchi, who was seeking a second term, and Woodstock attorney Daniel Regna, who counted Foley among his supporters.