Tim Scannell
Cook County Attorney Tim Scannell, indicted on two counts of fourth-degree criminal sexual conduct by a Duluth area grand jury on October 22, 2013, made his first—and last— appearance in the Cook County courthouse Tuesday. All future hearings and the potential trial will be held in St. Louis County with Judge Shaun Floerke presiding. The decision to change venue met with no argument from Special Prosecutor Thomas Heffelfinger or Scannell’s defense attorney Joseph Tamburino at the November 12, 2013 hearing.
Also not argued, was the decision to wait until the transcript of the grand jury proceeding is ready before holding another hearing. Under the laws of the State of Minnesota, a defendant has the right to an omnibus hearing within 28 days, however, since the transcript is not expected to be ready for a few weeks, Attorney Tamburino waived that right. After the transcript is completed and delivered to the lawyers, motions will likely be filed in the case. It is anticipated that the next hearing will not be until sometime in January 2014.
After the hearing, Tamburino said he feels Duluth is an appropriate place for a trial, despite all the regional media coverage. Tamburino said, “When you consider the size of the jury pool, you are far less likely to have someone biased on the jury.”
Heffelfinger concurred. “This wasn’t for the convenience of the parties. It is a combination of strong opinions and small population. I want a process that is fair.”
Asked if the county, which is paying for Heffelfinger’s services, is also funding his travel expenses, Heffelfinger said yes, adding that is another reason why Duluth is a better location. When asked what has been spent on his legal service to date, Heffelfinger said, “I’m doing this at half my normal rate. I’m using a less expensive associate in my office. And doing this in Duluth will make it a little less expensive,” he said.
Request for retired judge denied
Judge Floerke addressed Scannell’s October 31, 2013 request to remove all judges in the Sixth Judicial District, based on the “politically and emotionally charged status of the matter.”
County Attorney Scannell came underpublicscrutinyafteraDecember 4, 2012 harassment restraining order was issued against him by a Cook County family concerned about the safety and wellbeing of their 17-year-old daughter. In response to the news, some citizens doggedly campaigned for his removal from the county attorney position. There have been facebook pages dedicated to requesting his resignation and every Friday and most Wednesdays leading up to his indictment, there were picketers outside the Cook County courthouse requesting his resignation. The protest began with a solitary protestor and varied in number from two to a dozen people.
Scannell and his family made appeals to the public for understanding, stating that Scannell’s actions had been caused by post-traumatic stress disorder after he was critically injured in a shooting in the county attorney’s office on December 15, 2011. Scannell was the center of media attention when he was shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl.
Scannell requested that a retired judge, not subject to election, be assigned to the case. Floerke wrote, “Defendant’s argument is unpersuasive,” noting that this is not the first criminal case in the Sixth Judicial District in which community members have strong feelings about the outcome or which involves elected officials.
Denying the request, Floerke concluded, “The Minnesota Constitution requires that judges in this state are elected. Appointing a retired judge to hear a case simply because there are strong community opinions about it could be seen as unconstitutional.”
Language changes, indictment stands
There was no discussion of Judge Floerke’s written ruling on Tamburino’s request that the case against Scannell be dismissed because it was unclear whether the St. Louis County grand jury found that there was probable cause to believe that Scannell was in a “position of authority” over the 17-year-old because the language of the indictment alleged that Scannell and the girl had a “significant relationship.”
Special Prosecutor Heffelfinger sought an amendment asking the court to amend the charge, correcting the language from “significant relationship” to “position of authority.” In an interview after the hearing,
Heffelfinger said a clerical error included incorrect language.
Judge Floerke ruled that changing the language did not prejudice the defendant’s “substantial rights,” because the instructions to the grand jury included language alleging that Scannell was in a “position of authority,” not whether or not he allegedly had a “significant relationship” with the young girl.
Also Floerke noted, the proposed amendment does not charge Scannell with an additional or different offense. The statutory identification of the charges in the amended indictment remain the same and the offense is the same—fourth-degree criminal sexual conduct.
Scannell on medical leave
Scannell once again left court on his own recognizance with the condition that he have no contact with the alleged victim or with any of the witnesses in the case. Heffelfinger presented a list of witnesses but asked that the names remain “under seal” to protect the identity of the young woman involved.
Scannell was directed to report to the Cook County Law Enforcement Center for booking, which includes fingerprinting and photographs.
On October 15, 2013, Scannell gave notice that he was leaving the county attorney’s office indefinitely on medical leave. As an elected official, Scannell will continue to be paid his full salary while he is on leave.
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