Ex-chief judge to lead probe of McHenry Co. state's attorney

Henry Tonigan III, the former chief judge for Lake and McHenry counties, will lead the investigation into allegations of potential criminal wrongdoing by McHenry County State's Attorney Louis Bianchi.

Tonigan, who spent more than 23 years on the bench before his 2007 retirement, signed an oath this morning as special prosecutor and pledged a thorough probe into claims Bianchi required a state's attorney secretary to perform campaign-related and political tasks on county time.

"I will do a full and fair investigation," Tonigan said. "My first task obviously is to assemble and review all the information and evidence that is already out there."

Joining him in the investigation will be Chicago attorney Thomas K. McQueen, a former federal prosecutor now in private practice. McQueen specializes in cases involving white-collar crimes, Tonigan said.

The appointment ends two weeks of speculation over who McHenry County Judge Gordon Graham would choose to run the investigation that he authorized earlier this month. Graham, who said an inquiry was necessary to maintain the integrity of the judicial system, today declined to comment on his reasons for appointing Tonigan.

Bianchi said he knows Tonigan as having "a fine reputation" and he is glad to see the investigation moving forward. He repeatedly has denied the allegations and said he welcomes a full inquiry.

Wesley Pribla, the attorney for Bianchi accuser Amy Dalby, said he is pleased with the appointment.

"I've known of him professionally, I think he was a good jurist and I think he will be fair," Pribla said. "Whatever happens now happens."

Dalby filed a petition for a special prosecutor earlier this year, stating that while working as Bianchi's secretary in 2004 and 2005 she was required to perform numerous political tasks during normal business hours. She said they included typing letters for political supporters, setting up tables for a political fundraiser and creating mailing lists of donors.

Now a student at Northern Illinois University, Dalby, 24, went public with the claims in March, after a special prosecutor sought by Bianchi indicted her on charges she unlawfully copied and removed thousands of computer documents from the office when she left her job in 2005. Dalby claimed she took the documents to support her accusations but later pleaded guilty to a misdemeanor computer tampering charge and was placed on court supervision.

Tonigan said today he has no knowledge of the case beyond reading a few headlines, Dalby's petition and a brief review of her case file. He said he would take Pribla up on his offer to review all of Dalby's documents.

"I'll certainly work with you and others that have information pertinent to this investigation," he told Pribla in court.

Tonigan retired from the bench after a 23-year career that saw him preside over both criminal and civil courtrooms. He served six years as the chief felony judge in Lake County and from 1998 to 2000 was chief judge for the 19th Judicial Circuit, which at the time encompassed both Lake and McHenry counties. Today he works in private practice with a Barrington law firm.