Special prosecutor in sex claims against McHenry County jail guard

Amid concerns over a potential conflict of interest within the McHenry County State's Attorney's office, a judge appointed a special prosecutor Friday to pursue allegations that a suspended county jail guard had inappropriate sexual contact with several female inmates.

Judge Sharon Prather assigned the Illinois Appellate Prosecutor's office to take over the case of Elias D. Fortoso after the accused's attorney and county prosecutors agreed that leaving the state's attorney in charge could give an appearance of impropriety.

"Whenever there is a potential conflict, we like to bring in outside counsel," said Philip Hiscock, criminal division chief for the McHenry County State's Attorney.

Fortoso, 30, of South Elgin, faces four counts of custodial sexual misconduct and two counts of official misconduct stemming from claims he engaged in inappropriate sexual activities with four jail inmates in 2009.

The charges, all felonies, are punishable by a maximum two to five years in prison. He has pleaded not guilty.

The state's attorney's conflict arose in April when one of the women accusing Fortoso sued him and the county in a federal case seeking at least $200,000 in damages. As the county's lawyer, the state's attorney's civil division is defending the lawsuit, while at the same time its criminal division was prosecuting the jail guard.

"Clearly you can't represent both interests at the same time without the appearance of one interest being served over the other," Fortoso attorney David Camic said.

The case now will be prosecuted by a federally funded section of the Illinois Appellate Prosecutors's office that specializes in sex offenses, Hiscock said.

Fortoso, who is free on $2,000 bond, is scheduled to return to court Aug. 20.