Special Prosecutors' Bills Likely Headed For State Supreme Court

McHenry County Board Chairman Ken Koehler said this weekend the County will probably go to the Illinois Supreme Court to overturn an Appellate Court ruling it should pay full price for the failed Special Prosecutions of States Attorney Lou Bianchi last year.

In a decision announced Friday but not yet posted, a Second Appellate District judges' panel ruled McHenry County should pay Special Prosecutors Henry "Skip" Tonigan and Thomas McQueen another $200,000 atop the $290,000 it's already given them for two dozen Bianchi indictments that ended in acquittal without a defense.

Koehler said he hadn't seen the ruling yet but reported, "It's the advice of our counsel that there are questions in it that we should take to the Supreme Court."  Illinois State's Attorney's Appellate Prosecutor Charles Colburn represents McHenry County's financial interest in the Bianchi Special Prosecutions.  He's argued that Tonigan and McQueen billed more than Illinois statues allow.  "(A final appeal) won't cost us anything," said Koehler, since the County pays ILSAAP a yearly fee for what amounts to a pre-paid legal services plan.

Koehler said Friday's opinion upheld not paying all the bills for Tonigan and McQueen's investigator firm.  "At least there was a minimum win on that," he said.

Tonigan's already given McHenry County back $100,000 to settle claims in a complicated arrangement to pay Bianchi's defense attorney's bills.