State's Attorney Karen Donnelly wants to appeal Brian Towne's case dismissal

La Salle County State's Attorney Karen Donnelly filed a motion Tuesday to remove the special prosecutor from the appeals process in the previously dismissed criminal case against former state's attorney Brian Towne.

A judge ruled Friday that Towne's speedy-trial rights were violated and all 17 felony counts of official misconduct and misuse of funds were dismissed.

Donnelly wants to appeal Judge Clark Erickson's ruling. Her motion is expected to be heard Friday, she said.

Donnelly said during a press conference Tuesday she had conversations with special prosecutor Gregory McClintock, of Monmouth, and he has indicated to her he is not well versed in appellate law. Donnelly said McClintock has not declined filing an appeal, just that he was not versed to do one. The Times left a phone message with McClintock on Tuesday morning to ask if he's made a decision to pursue an appeal.

If the special prosecutor is removed, the case would revert back to the state's attorney, or Erickson could choose to appoint another special prosecutor. Donnelly said she wants to compose the appeal.

Donnelly said in her filing "the La Salle County State's Attorney's Office is sufficiently capable of writing the appeal on behalf of the People of the State of Illinois, and any issues this court has with Attorney Donnelly and her perceived 'conflict' would have nothing to do with an appeal on whether the defendant's speedy trial rights were violated."

The state's attorney said it would save the county money to allow her to file the appeal. She said the special prosecutor's services cost about $20,000 in the Towne case.

Donnelly said Tuesday she disagreed with the judge's ruling.

A La Salle County grand jury previously indicted Towne on 17 felony counts of official misconduct and misapplication of funds. In 2016, Towne was defeated by Karen Donnelly for state’s attorney. Less than a year after the election loss, he was indicted.

The clock for this trial began on Dec. 10 when Towne requested a speedy trial, which means proceedings should start 160 days from the point a defendant asks for trial. Under those parameters, a trial should have started by May 24.

Donnelly appealed to remain as prosecutor on the case. A special prosecutor, McClintock, was appointed to replace Donnelly after the defense made its own motion to do so.

The Appellate Court ruled it did not have authority to hear Donnelly's appeal, then the Illinois Supreme Court denied consideration of her appeal May 22.

Judge Erickson said at a March hearing he was waiting for a mandate from the Supreme Court from the appellate court ruling before he put the case into motion.

Towne's defense attorneys said July 19 since the appeal was unauthorized it does not stop the days from counting on a defendant's right to a speedy trial.

"In the judge's own opinion, he states that he assumed he lost jurisdiction," Donnelly said Tuesday. "For me, that's very dangerous for a judge to make an assumption, whereas in the court minutes, he ruled he didn't have jurisdiction and that nothing further would happen in the case."

Donnelly said McClintock should have asked for a speedy trial on the record when the case came to a halt, so that it could be on the court record.

"He did not do that, and I don't know the reasons why," she said.

She also believes a case that was used as a precedent to dismiss Towne's case can be distinguished as a different situation.

After the ruling Friday, Towne said Donnelly's motivation was vindictive.

Donnelly said she is not worried about the perception of pursuing the appeal, noting she would continue the same path with any other defendant.

"I am fully aware the Appellate Court may very well disagree with my interpretation of the law, but my job demands I seek justice that La Salle County citizens deserve," Donnelly said.

She said it depends on the ruling of her motion Friday, on whether she will continue to pursue matters further.

Donnelly said in a statement she believed the case against Towne was dismissed on a technicality. She explained Tuesday the technicality she was referring to wasn't the right to a speedy trial, but instead when the clock begins to tick on it.