Special prosecutor on hold for McHenry Co. election work flap

A decision whether to appoint a special prosecutor to investigate allegations of politicking within the office of McHenry County State's Attorney Louis Bianchi is on hold again after a judge asked him to better explain why he wants to intervene in the proceedings.

Judge Maureen McIntyre on Tuesday gave Bianchi 14 days to file a written brief supporting his request to get involved in political rival Daniel Regna's request for an investigation.

A hearing on the issue is set for May 7.

McIntyre specifically asked Bianchi to explain whether he wants to object to Regna's petition or simply monitor spending if she appoints a special prosecutor.

Regna, who unsuccessfully challenged Bianchi in last year's Republican party primary, filed court papers last month asking for a special prosecutor investigation.

The investigation, Regna said, should look into whether Bianchi had his former secretary perform campaign work on county time.

The former secretary, Northern Illinois University student Amy Dalby, told the Daily Herald this month she did political work while working for Bianchi in 2005 and 2006. Bianchi has denied campaigning out of his county office.

Dalby, 24, is facing six felony charges alleging she unlawfully removed computer files from the office in 2006. Some of those files, she claims, proves her allegations.

Bianchi is asking McIntyre to appoint the Illinois Appellate Prosecutor's office to represent him on Regna's request, and possibly object to it.

Nichole Owens, chief of the criminal division for the state's attorney's office, said that if Regna's petition is granted, county taxpayers will have to pay for it. Because of that, she said, the state's attorney's office has a duty to ensure that their money will not be wasted on a frivolous investigation.

"The taxpayers have an interest in the outcome of the motion for a special prosecutor since it could result in the expenditure of public funds," she said.

Regna, however, believes Bianchi is using the financial issue as an excuse to block an investigation.

"It's clear-cut to me that they're trying to get into it to stop it," he said. "It's not an issue of money."