Judge asked to OK special prosecutor

Citing potential conflicts of interest, the McHenry County state's attorney's office asked a judge Wednesday to appoint an independent attorney to prosecute one of its former investigators for sexual assault.

County prosecutors said the request comes in part because the woman accusing ex-investigator Leslie Lunsmann is no longer willing to cooperate with the state's attorney's office, fearing they will not vigorously prosecute a former law enforcement officer.

"She's reluctant to speak with the office," said Nichole Owens, criminal chief for the McHenry County state's attorney. "We've had to speak with her through her mother, which makes it very difficult to prepare for a trial."

Lunsmann, 51, of McHenry, faces charges of criminal sexual assault, unlawful restraint, criminal sexual abuse and intimidation stemming from allegations made last year by an employee of his McHenry tavern.

The 24-year-old woman told investigators that on July 18, 2006, Lunsmann blocked her from leaving a bathroom in the tavern, fondled her and then threatened to kill her if she reported the incident.

Lunsmann has denied the charges.

An award-winning narcotics agent and anti-gang crusader, Lunsmann worked as an investigator in the state's attorney's office in the 1990s under former State's Attorney Gary Pack. He did not work for the current administration of Louis Bianchi.

Besides the accuser's reluctance, prosecutors said a second conflict exists because Lunsmann also was accused of misdemeanor battery by an employee of the state's attorney's office.

The charge alleges that, on the same night as the alleged sexual assault, Lunsmann forcibly hugged a female state's attorney worker in an effort to feel her breasts.

Lunsmann's attorney, Mark Gummerson, said Wednesday he would oppose a special prosecutor.

"If they believed they had a conflict, they should have withdrawn months ago," Gummerson said, blaming the state's attorney's office for creating a conflict by merging the sex assault and battery cases. "I don't think you can create your own conflict and then ask for a special prosecutor."

McHenry County Judge Sharon Prather could rule on the request when Lunsmann appears in court on Jan. 22.