Ex-Bianchi aide pleads not guilty; judge ponders who pays for defense

The former personal secretary to McHenry County State's Attorney Louis Bianchi formally pleaded not guilty this morning to allegations she stole hundreds of computer files from his office and gave them to others who wanted them for political purposes.

Amy L. Dalby, 24, also asked for a jury trial on charges including official misconduct, computer tampering, computer fraud and theft, stemming from actions authorities say she took in 2006 while working for Bianchi.

Among the key witnesses that jury might hear, said the attorney for the Northern Illinois University student, is Bianchi himself.

"I intend to put Mr. Bianchi on the witness stand," defense lawyer Wesley Pribla said.

Pribla indicated Bianchi's testimony would be part of Dalby's effort to pursue a necessity defense, arguing that she believed she had to take the files to prevent a greater wrongdoing.

That wrongdoing, according to Pribla, was Dalby performing campaign-related and political work at Bianchi's request while on county time. Dalby said her work in the office included typing letters to political supporters, copying campaign documents and, in one instance, setting up chairs and tables for a campaign fundraiser during business hours.

Bianchi has denied campaigning out of his office.

In related court action today, McHenry County Judge Joseph Condon heard arguments from Dalby's defense and Special Prosecutor David O'Connor on whether he should appoint Pribla as a special assistant state's attorney.

Doing so would mean that county taxpayers would fund not only the special prosecutor investigation that led to her indictment and prosecution, but also her defense.

Pribla argued that state law dictates that a county employee charged with official misconduct must either be prosecuted or defended by the state's attorney. Because circumstances dictate that Bianchi's office can do neither, he said, the court should instead appoint him for that role.

O'Connor is objecting, arguing in court documents filed this week that it would be "incongruous" to make county taxpayers fund the defense for someone accused of stealing county property.

Condon said he will rule on the request April 15.

Dalby's indictment was the result of a 16-month investigation into claims she took computer files from the office and handed them over to unnamed third parties who hoped to use them against Bianchi during his 2008 re-election campaign.

Six of the charges she faces are felonies, the most serious punishable by up to five years in prison.

The investigation is ongoing, O'Connor said today. Among its apparent targets is Kristen Foley, a former assistant McHenry County State's Attorney who, according to Dalby, advised her to save copies of political work she may have done for Bianchi. Dalby said she later gave the files to Foley.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Related documents</h2> <ul class="morePdf"> <li><a href="/pdf/bianchi0309.pdf">Statement from McHenry Co. State's Attorney Louis Bianchi</a></li> <li><a href="/pdf/dalby07.pdf">Full text of Amy Dalby indictment</a></li> </ul> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=281421">Special prosecutor on hold for McHenry Co. election work flap<span class="date">[03/24/09]</span></a></li> <li><a href="/story/?id=279878">Ex-secretary's defense: I had to take files to expose crimes <span class="date">[03/18/09]</span></a></li> <li><a href="/story/?id=279767">I took files to expose crimes, says McHenry Co. official's ex-secretary<span class="date">[03/18/09]</span></a></li> <li><a href="/story/?id=279878">Official's ex-secretary details defense <span class="date">[03/18/09]</span></a></li> <li><a href="/story/?id=277522">Bianchi ends silence on probe <span class="date">[03/07/09]</span></a></li> <li><a href="/story/?id=277364">Bianchi secretary stole files as part of scheme, indictment claims <span class="date">[03/06/09]</span></a></li> <li><a href="/story/?id=277057">McHenry County state's attorney's ex-secretary indicted <span class="date">[03/05/09]</span></a></li> <li><a href="/story/?id=276328">Special prosecutor on hold after Bianchi rival seeks new judge <span class="date">[03/03/09]</span></a></li> <li><a href="/story/?id=275804">McHenry Co. State's Attorney wants say in rival's request <span class="date">[02/28/09]</span></a></li> <li><a href="/story/?id=274231">Ex-rival: McHenry Co. state's attorney used staff for political work <span class="date">[02/23/09]</span></a></li> </ul> </div> </div> </div>