Bianchi seeking independent counsel for county on Dalby matter

McHenry County State's Attorney Louis Bianchi hopes to appoint an independent counsel to determine whether the county should oppose his former personal secretary's bid for a special prosecutor to investigate him.

In court documents filed this morning, Bianchi asks a court for permission to intervene in Amy Dalby's petition and have an outside attorney appointed to represent the county's interests.

"The ruling made in Ms. Dalby's petition can have an adverse effect on the county in that the appointment of a special prosecutor would be paid for by county funds," Assistant State's Attorney Cynthia Schaupp wrote in the filing. "The county should have representation to independently determine, on behalf of the county, whether or not the petition should be objected to, and what, if any basis, to do so."

Bianchi cannot make an objection himself because of conflict of interest, Schaupp states, but the Illinois Appellate Prosecutor's Office has agreed to represent the county free of charge.

In April, Dalby filed a petition for a special prosecutor to look into her claims Bianchi illegally required her to perform campaign-related duties during county time while she worked as his personal secretary in 2005 and 2006.

That work, she said, included typing letters to political supporters, typing and copying campaign fund checks and setting up chairs and tables for a fundraising event.

Bianchi, a Republican from Crystal Lake, repeatedly has denied the claims through written press statements.

Dalby, a 24-year-old college student from Woodstock, last week was sentenced to court supervision after pleading guilty to a misdemeanor computer tampering charge alleging she unlawfully copied and removed thousands of computer files from Bianchi's office.

She was accused of taking the files and turning them over to Bianchi's political rivals. Dalby, however, claimed she took the files to prove allegations of politicking in the state's attorney's office.

Her attorney said this morning that Bianchi could be treading on dangerous ground by asking to intervene in Dalby's special prosecutor request.

"They better be real careful here," Wesley Pribla said. "Because when they start making the process burdensome and arduous, there's a question of obstructing justice."

Dalby's petition is, for now, on hold after Pribla filed a motion for a new judge to hear the case.