La Salle County State's Attorney Karen Donnelly filed a petition on Tuesday seeking to remove the special prosecutor so that her office can appeal the dismissal of charges against former State's Attorney Brian Towne.
On Friday, Judge Clark Erickson dismissed the 17 count indictment of Official Misconduct and Misapplication of Funds against Towne, the judge ruling that speedy trial rights were violated in the case.
In 2016, Republican Donnelly defeated incumbent Democrat Towne for the State's Attorney's office.
Donnelly wants Special Prosecutor Greg McClintock of Monmouth off the case, Donnelly saying on Tuesday that McClintock is not versed the appeal process to a higher court.
In a press release, Donnelly said that McClintock missing the technicality that prompted Judge Erickson to dismiss the case is "inexplicable."
Donnelly wants to compose the appeal brief herself, writing in her press release: "An appeal is not only warranted, but is necessary to ensure fairness in our criminal justice system--to assure that the rich are not treated differently, that the politically connected do not receive favorable treatment, and to assure that Lady Liberty doesn't peek beneath her blindfold to see who stands before her."
Towne requested a speedy trial on December 10 of last year. According to the law, the trial proceedings should have started in 160 days.
Under those parameters, Towne's trial should have begun on May 24.