McHenry Co. State's Attorney wants say in rival's request

McHenry County State's Attorney Louis Bianchi is asking to intervene in court proceedings that could lead to a special prosecutor investigating whether he used county staff for campaign work.

In court documents filed late Friday, Bianchi asks Judge Michael Sullivan to allow his office to take part in the case and appoint a special assistant state's attorney to respond to the accusations leveled by political rival Daniel Regna.

Regna, an attorney from Woodstock, unsuccessfully challenged Bianchi in last year's Republican primary. Bianchi went on to win re-election over a Democratic challenger in November.

Bianchi said his office has standing to intervene because county funds would pay for the special prosecutor Regna is seeking.

"It is the State's Attorney Bianchi's duty to give his opinion as to the sufficiency of Mr. Regna's petition and, if necessary, defend against the petition and resulting expenditures," Bianchi writes.

Because he has a personal interest in the outcome, Bianchi adds, the court should appoint the Illinois Appellate Prosecutor's Office to represent his office.

Bianchi could not be reached for further comment Saturday.

Regna, however, disputed claims Bianchi's office has a say in the proceedings.

"Taxpayer dollars are spent (in the courts) all the time without the state's attorney's office having standing to intervene," he said.

As an example, Regna cited a judge's recent decision to award an attorney almost $25,000 in court funds to represent convicted murderer John Cumbee in post-trial proceedings.

"Courts often appoint attorneys or experts to cases, and the state's attorney office doesn't have the standing to object," he said.

Sullivan is scheduled to hear arguments Tuesday on Regna's request to launch an investigation into Bianchi's administration.

Regna filed a sworn affidavit last Monday detailing allegations that were made to his campaign in 2007 by Bianchi's former secretary, Amy Dalby.

Dalby, according to Regna's affidavit, said she maintained campaign donor lists, prepared correspondence to political supporters, set up for fundraising events and performed other political errands while on county time.

Dalby, now a student at Northern Illinois University, has declined to comment.

The Daily Herald met with a former state's attorney staff member in the fall of 2007 who, on condition of anonymity, made similar allegations. The newspaper chose not to publish the claims because they could not be verified independently.

Bianchi has denied the allegations, labeling Regna "a sore loser" and saying he never campaigned out of the state's attorney's office.

The allegations may be linked to another special prosecutor's investigation ongoing at the McHenry County courthouse.

The probe, conducted by former Cook County prosecutor David O'Connor, is targeting Kristen Foley, a onetime Bianchi assistant who in 2007 filed an ethics complaint against her former boss, her lawyer said.

O'Connor is examining whether someone unlawfully removed state's attorney's work product from the office.

Foley appeared before a grand jury on Thursday. Both she and her attorney declined to comment afterward.