Judge won’t drop charges against Bianchi

A judge has denied a push from embattled McHenry County State’s Attorney Louis Bianchi to have the misconduct and conspiracy charges against him and his secretary thrown out.

The pair were indicted last September on charges they used county resources for Bianchi’s campaign.

Bianchi’s defense attorney Terry Ekl had argued that special prosecutors exceeded their authority in investigating anything other than initial claims by Bianchi’s former employee, Amy Dalby.

Ekl contended the special prosecutors misled the grand jury and that the charges should be dismissed.

But Winnebago County Judge Joseph McGraw disagreed in a 4-page ruling Friday.

“The order of January 7, 2010 allowed the prosecutor to investigate actions and persons involved in the alleged misconduct occurring subsequent to Dalby’s employment in the State’s Attorney’s Office,” McGraw wrote. “This investigation allegedly disclosed additional acts of misconduct by Bianchi and included alleged illegal actions by Synek.”

Special Prosecutors Henry Tonigan and Thomas McQueen said they had no comment on the ruling.

Ekl disagreed. “I have a great deal of respect for Judge McGraw, but I think he’s wrong,” said Ekl, who said he and his client are headed for a trial in March. “I am extremely confident we will prevail at trial.”

Both sides are due in court again on Feb. 2 and a trial is tentatively scheduled for March 21. If convicted, Bianchi faces up to five years in prison.