Bianchi prosecutor to leave misconduct case

Henry Tonigan, one of two special prosecutors in the misconduct investigation of McHenry County State’s Attorney Louis Bianchi, will ask a judge this week to be removed from the case so he can care for his ailing 86-year-old father.

The petition, which will be considered by Judge Gordon Graham on Thursday, comes just a few days before Graham was to hear arguments to have Tonigan and Thomas McQueen removed from the case for incompetence and overbilling.

The suit was brought by supporters of Bianchi, who was acquitted in March of misconduct and conspiracy charges accusing him of using his office resources and personnel to further his re-election campaign.

Bianchi, however, still faces three separate misconduct charges that he lessened penalties or dismissed criminal charges for distant relatives and political donors. That case is set for trial in June.

In his motion, Tonigan recommends McQueen be retained to handle the next case against Bianchi, in which two of Bianchi’s investigators also are charged.

The McHenry County Board has been ordered to pay more than $312,000 for the special prosecutors, and some members have questioned the expenses.

Tonigan could not be reached for comment late Monday. Terry Ekl, Bianchi’s defense attorney who also is asking that Tonigan and McQueen be removed, also could not be reached.