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Community Corner

Bianchi's Case Dismissed a Second Time

A Winnebago County judge threw out misconduct charges against McHenry County state's attorney for the second time.

A crowd of supporters cheered Aug. 2 as he exited the courtroom where he was acquitted of two counts of official misconduct. 

Winnebago County Judge Joseph McGraw dismissed the two felony counts, stating the prosecution failed to prove Bianchi abused his position with cases involving a campaign contributor and a relative of one of his investigators.

This is the second time this year McGraw has tossed out misconduct charges brought by special prosecutors Thomas McQueen and Henry Tonigan against the county’s top prosecutor.

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Bianchi, surrounded by family, friends and supporters, announced that he was always just doing his job and that he will continue to do his job.

 “We can work to keep our community safe and a peaceful place to raise a family,” he said, “which is the goal of all state’s attorneys.” 

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Bianchi attributed his stamina during the many months of investigations and court hearings to his wife, Joan, who never wavered in her support of him and was a constant source of comfort. 

He thanked his attorneys, friends and supporters but had no kind words for the special prosecutors who relentlessly pursued him first in 2010 with 19 counts of misconduct, and when those were dismissed by McGraw in March, three other charges filed in February. 

“These two special prosecutors overlooked the real role of a prosecutor — and that is to do justice,” he said.

“Today, in this courtroom, these wrongful allegations of mishandling cases have been exposed as false and untrue.” 

The bench trial began Aug. 1 with special prosecutor McQueen dropping one of the misconduct charges and pushing for a conviction on the remaining two. Tonigan never appeared in court for the trial. 

He provided witness testimony and legal references to support the charges—one involving a political contributor’s misdemeanor disorderly conduct case and the other a reduced prison sentence for a relative of one of his investigators. 

By not informing assistant state’s attorneys involved in the cases how he was connected to the defendants, McQueen said Bianchi was manipulating the cases. By not recusing himself from them, he was violating the code of ethical standards. 

“Justice cannot be administered properly if there is not transparency,” he said. 

Bianchi’s attorney, Terry Ekl, told the judge McQueen was just “grasping at straws.” 

Ultimately, McGraw found no fault with Bianchi’s conduct during the investigations, plea negotiations, dismissal and/or sentencing of the cases.   

“Mr. Bianchi’s duty is to the people of McHenry County,” he said. “His responsibility — whether charges be brought, what charges will be brought, dismissed or degree of dispensation — is up for public scrutiny for the electorate to decide if they have confidence or to discharge of his duties.” 

Bianchi said that the verdict should provide hope for others who may be accused falsely. 

“Our system of justice does work,” he said. 

He added the dismissal was also a victory for the other 101 state’s attorneys in Illinois who handle the same kinds of cases daily for which he was indicted. 

“With due diligence, we make decisions wisely using the power of our office,” he said. 

Ekl said he would meet with Bianchi to discuss legal options and payment of the defense’s legal bills — which mount into the hundreds of thousands of dollars. 

When asked if he was considering running for office again in 2012, Bianchi smiled. 

“Right now I just want to savor the day.”

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