Key ruling in Bianchi case coming

A judge will rule next month on whether to throw out conspiracy and misconduct charges against McHenry County State's Attorney Louis Bianchi.

A grand jury in September indicted Bianchi and his executive secretary, Joyce Synek. They have pleaded not guilty to the 26 charges, which also include perjury and obstructing justice.

Bianchi is accused of trying to cover up evidence that he used county resources and personnel to further his political career. Both Bianchi and Synek are free on bond. Terry Ekl, defense attorney for Bianchi, wants the September indictment thrown out, arguing that prosecutors exceeded the scope of their authority in the investigation and the charges were filed after the statute of limitations had expired anyway.

“They are litigating any issue they can raise. We'll respond appropriately and get ready for trial,” said Henry Tonigan, a special prosecutor assigned to the case.

Tonigan and Thomas McQueen were retained to investigate allegations by Bianchi's former secretary, Amy Dalby, who said she was required to do political work while on the clock in the state's attorney's office.

Winnebago County Judge Joseph McGraw. who is assigned to the case, is expected to rule on this issue at the next court hearing on Jan. 7.

If convicted, Bianchi faces up to five years in prison.