McHenry Co. may defend ex-worker in theft case

A judge Thursday refused to throw out a lawsuit filed by a former McHenry County State's Attorney secretary demanding that the county prosecutor provide her with legal representation against charges she stole computer files from the office.

In the suit, college student Amy L. Dalby argues that her former boss, State's Attorney Louis Bianchi, is legally bound to either represent her against the charges or appoint someone to do it in his place.

If successful, the suit would leave county taxpayers on the hook both for Dalby's prosecution and defense.

Bianchi's office asked to have the suit dismissed Thursday, arguing that since a similar request was denied last month in Dalby's criminal case, the issues in the civil suit are "res judicata," or already settled.

Dalby's attorney, however, argued that the criminal matter was a separate issue, and the court's ruling in the criminal case was not an outright denial, but rather a finding that the request was made prematurely.

McHenry County Judge Joseph Condon agreed, setting the suit over for further action May 27.

Dalby, a 24-year-old Northern Illinois University student who served as Bianchi's personal secretary in 2005 and 2006, faces charges of theft, computer fraud, computer tampering and official misconduct, alleging she downloaded and removed hundreds of computer files from the state's attorney's office before leaving the job.

A special prosecutor investigating the case since late 2007 claims Dalby later turned the files over to unnamed individuals for use against Bianchi in his successful 2008 re-election campaign.

Dalby is asserting a necessity defense, arguing that she was compelled to take the files in order to prove that she had been required by Bianchi to perform political work on county time. Bianchi has denied campaigning on county time or with county resources.