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McCaleb: Settlement raises questions about Bianchi case

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The United States might have the best legal system in the world, but that doesn’t mean it isn’t without its flaws.

Case in point: How can a defendant in a lawsuit agree to pay more than $150,000 in damages to settle a case against him but not acknowledge any wrongdoing?

That’s what happened last week when Henry Tonigan coughed up $157,500 to State’s Attorney Lou Bianchi.

You remember Tonigan. He and his partner in crime, Thomas McQueen, were paid hundreds of thousands of McHenry County taxpayers’ dollars to, well ... I’m still trying to figure that out.

Remember the Wall Street bailout? This case was akin to the incompetent attorney bailout.

Tonigan and McQueen were appointed as special prosecutors to investigate allegations that Bianchi had State’s Attorney’s Office staff do campaign work on public time. They managed to get a grand jury to indict Bianchi on 21 corruption-related counts and Bianchi’s secretary on four perjury counts.

After somehow persuading a judge to allow them to expand the scope of their investigation, they secured indictments against Bianchi on three additional counts and two of his investigators on separate counts.

We know the rest of this part of the story. Tonigan and McQueen went 0-for-the-indictments after all of the charges were laughed out of court.

Unfortunately, their compensation wasn’t tied to their competency. The county already has paid them $242,399. And unless something changes, taxpayers still are on the hook for an additional $288,201.

Given last week’s settlement, something should change.

In the wake of his acquittal, Bianchi sued Tonigan, McQueen and a computer forensics firm they hired, claiming they manufactured false evidence against him in what he alleged was a politically motivated, malicious prosecution.

Rather than fight Bianchi’s claims in court, Tonigan paid up.

If Tonigan wasn’t willing to defend himself, if he wasn’t willing to fight the allegations that he manufactured evidence, then why should county taxpayers pay him and McQueen an additional $288,201. In fact, why shouldn’t taxpayers be reimbursed for all of the money already paid out.

It’s too early to say how this story is going to play out. McQueen and the computer firm have not settled, and Bianchi’s lawsuit against them is pending.

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