Ex-secretary sues Bianchi, demanding he defend her case

The former secretary to McHenry County State's Attorney Louis Bianchi sued her former boss this morning in an effort to force him to defend her against claims she stole hundreds of computer files from his office.

Amy L. Dalby is not seeking any monetary compensation through the civil complaint filed today, but instead wants a judge to order Bianchi to represent her either on his own, or through an appointed lawyer.

"(The law) imposes a duty on the state's attorney to defend an employee charged with a criminal act in the course of public employment," Dalby attorney Wesley Pribla said. "In our opinion, he has an affirmative duty to defend her."

Bianchi was not immediately available to comment on the suit.

It's another twist in a case that's had no shortage of them since a special grand jury first indicted Dalby, 24, five weeks ago on six felony and one misdemeanor charge stemming from actions she took while serving as Bianchi's personal secretary.

The indictment alleges Dalby, now a student at Northern Illinois University, removed hundreds of computer files from the office in the summer of 2006 and later turned them over to unnamed individuals for use against Bianchi in his 2008 re-election campaign.

Dalby has pleaded not guilty and plans to assert a necessity defense that will argue she had to remove the files to prevent a worse public harm. That harm, Pribla has said, was Dalby being required to perform campaign-related work for Bianchi while on county time and using county resources.

Bianchi has denied doing campaign work out of the state's attorney's office.

Pribla said he does not expect that, given the circumstances of the case, Bianchi would ever serve as Dalby's defense lawyer.

"It would take schizophrenia to new heights," he said.

But the suit, he said, is a procedural matter to ensure she receives representation as state law requires.

The litigation comes five days after a judge heard similar arguments asking him to appoint a special assistant state's attorney to represent Dalby. The judge is scheduled to rule April 15.

On that same day, Pribla sent Bianchi a letter demanding he take on Dalby's defense. Bianchi did not reply, Pribla said.

If the judge agrees to appoint a special assistant state's attorney, or Dalby's new suit succeeds, it would mean county taxpayers would fund both her prosecution and her defense.

The suit is scheduled to be in court April 13 before Judge Michael Caldwell.

<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=283278">Ex-Bianchi aide pleads not guilty; judge ponders who pays for defense<span class="date">[4/1/09]</span></a></li> <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>