Bianchi accuser fails to get prosecutor held in contempt
The special prosecutor who charged a former McHenry County State's Attorney secretary with illegally removing computer files from the office will not be held in criminal contempt.
The motion seeking a contempt finding against David O'Connor was filed by Wes Pribla, the attorney representing Amy Dalby, the former secretary.
Pribla argued that O'Connor violated Illinois Supreme Court rules when he released secret grand jury minutes to the Illinois Attorney Registration and Disciplinary Commission, an agency that investigates attorney misconduct.
McHenry County Judge Joseph Condon disagreed.
"He's a judge; I'm not," Pribla said. "I disagree, but I respect him. That's that."
Pribla said he had not decided whether to appeal the ruling. "He's ruled, and I'll think about it," Pribla said.
O'Connor, who provided the minutes in a complaint against two lawyers during the course of his investigation, said he did nothing wrong.
"In my estimation, it should have never been brought," O'Connor said. "The fact that it was summarily denied speaks volumes as to how much merit it actually lacked."
At dispute was whether the ARDC qualifies as a "prosecutorial agency." O'Connor argued it is, which would mean a June 1 order from Condon authorized O'Connor to release the grand jury minutes to the commission.
Both lawyers have declined to say who was named O'Connor's complaint, but Pribla said they do not work in the state's attorney's office.
Pribla's move to have O'Connor found in criminal contempt was the latest volley in an ongoing court battle over Dalby's claims that Bianchi had her conduct campaign work while she was Bianchi's personal secretary in 2004 and 2005.
Dalby was charged with unlawfully removing computer files and providing them to Bianchi's political opponents. Dalby, who said she took the documents to support her claims against her former boss, was sentenced to court supervision after pleading guilty to a misdemeanor computer tampering charge.
Another special prosecutor was appointed last month to investigate Dalby's claims, which Bianchi denies.