Attorney: McCleary Use of County Vehicle Violated No Laws

The attorney for McHenry County State’s Attorney Investigator Michael McCleary motioned Winnebago County Judge Joseph McGraw to dismiss the official misconduct charge during a Rockford court hearing, June 24. 

McCleary was indicted in February regarding his use of a county vehicle for personal use. 

To avoid any conflict in the McHenry State’s Attorney’s Office, McGraw is presiding over the case. Special Prosecutors Thomas McQueen and Henry Tonigan brought the charge against McCleary along with misconduct charges against McHenry County State's Attorney Lou Bianchi . 

McCleary’s attorney, Chris DeRango, brought two motions for dismissal before McGraw. 

The first argued that the criminal statutory reference contained in the indictment does not exist. 

“At a minimum, if the State depends on a statute, there is no demonstration in the indictment of such,” he said. 

Special Prosecutor Thomas McQueen countered the reference contained a scriveners’ error – a legal term referring to what amounts to possibly a typo or other mistake by the person transcribing the information. 

On another point, the Illinois State Constitutional provision cited by the prosecution prohibiting private use of public assets was not specific enough to allege misconduct, DeRango said. 

Finally, DeRango said the McHenry County Personnel Policy, under which McCleary was employed and which prosecutors claimed he had violated in their indictment, had never been adopted by a legislative body. As such, it is ineffectual as a reference for the prosecution. 

McQueen told the court he understood the policy had been ratified by the McHenry County Board, but provided no documentation to support that. 

The prosecutor said McCleary had not obtained written permission from State’s Attorney Lou Bianchi, as required in the policy, to use the county’s 2006 Chevrolet Impala as his only vehicle for business and personal use for five years. 

McQueen said the county allows for emergency use of public vehicles, but “does not cover use 24-hours, seven days a week at county expense.” 

DeRango’s second motion for dismissal concerned misconduct by prosecutors during the Grand Jury proceedings. McQueen offered evidence himself rather than from a sworn witness, he alleged. 

“Mr. McQueen answered questions to the Grand Jury that should have been given to sworn witnesses,” he said. 

In doing so, DeRango charged that the Grand Jury was misled into thinking personal use of county property was explicitly prohibited, which is not the case. 

“Non-public use of public funds does not apply to the automobile policy,” DeRango said. 

McGraw said he would provide his decision at the next court hearing on July 22. 

Also in court was Ron Salgado, McHenry County chief investigator, whose criminal case was dismissed earlier this month by McGraw. 

McGraw ordered Salgado be refunded the $5,000 he paid in bail to be released from McHenry County Jail. 

Salgado was to have been released on his own recognizance, according to court documents, but for reasons that are unclear ended up paying 10 percent of the $50,000 bond instead.