City

Published on Thursday, April 23, 2009

NIU student pleads not guilty, enters affirmative defense in copying McHenry County State's Attorney's computer files


By SHAUN ZINCK
Last updated on 04/22/2009 at 9:45 p.m.

An NIU student has been charged with copying hundreds of computer files from the office of McHenry County State’s Attorney Louis Bianchi, according to a Northwest Herald article dated March 19.

Amy Dalby, Bianchi’s former secretary, said she copied the files onto a portable hard drive intending to bring them to proper authorities, according to the Northwest Herald.

In the article, Dalby said the copied files contained documents that prove Bianchi had her campaign during her time as his secretary.

Dalby pleaded not guilty Wednesday, April 2, the article said.

Dalby’s attorney Wes Pribla said she is holding up “remarkably well for the circumstances.”

She is officially charged with six felony counts and one misdemeanor count, Pribla said in a phone interview.

Dalby has entered an affirmative defense, he said.

“What this essentially means is [Dalby] admits to doing what she is being accused of doing, but she did it to prove a greater wrong,” Pribla said.

Pribla said the copied files included a mailing list, on which were addresses of people who contributed to Bianchi’s campaign, a “fiesta menu” for a fundraiser used on a county computer and several checks written from the political fund.

“To me, it’s splitting hairs when it comes to politicking and campaigning,” Pribla said.

Bianchi released a letter March 19 refusing to comment on this issue because the case is pending.

The letter stated that Dalby never took the documents to law enforcement but “rather transferred some of it to members of the public for political purposes.”

Bianchi wrote that Special Prosecutor David O’Connor said hundreds of pieces of sensitive material were illegally removed from the State’s Attorney’s Office.

McHenry County law says when an employee of the county is charged with official misconduct, the State’s Attorney is the one to represent them, Pribla said.

“[This] is a clearly conflict of interest,” Pribla said. “The alleged victim would be representing the alleged accused.”

As a result, Pribla has filed a motion to ask the court to appoint him as a “special state’s attorney.”

He said a ruling on the motion is scheduled for today.

Attempts to contact Amy Dalby had not been successful as of press time.

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