Surrounded by regional media and about 50 citizens, Special Prosecutor Thomas B. Heffelfinger and Senior Special Agent Sue Burggraf of the Minnesota Bureau of Criminal Apprehension take questions on the indictment of County Attorney Tim Scannell on Thursday, October 31.
Thomas B. Heffelfinger, the special prosecutor assigned to review the Minnesota Bureau of Criminal Apprehension investigation of County Attorney Tim Scannell, appeared at a press conference on the Cook County courthouse steps on Thursday, October 31. Joining Heffelfinger was Senior Special Agent Sue Burggraf of the Minnesota Bureau of Criminal Apprehension, a crowd of journalists from regional media outlets and about 50 citizens, anxious to hear whether or not Scannell would face charges related to his alleged romantic relationship with a 17-year-old girl.
Heffelfinger announced that a special grand jury had been convened in St. Louis County with Judge Shaun Floerke presiding on October 21, 2013. On October 22, the grand jury issued an indictment and Scannell was notified of the grand jury’s decision on October 23.
Heffelfinger said that shortly before Thursday’s press conference, Scannell was charged with two felony counts of criminal sexual conduct in the 4th degree for events that allegedly took place August 1 and August 15, 2012. Heffelfinger said the charges were in regard to sexual contact with a person between the ages of 16 and 18 where the other person is more than 48 months older than the victim and in a position of authority.
Scannell, who has not been at work for more than a week and whose office voicemail states that he is on indefinite medical leave, was present at the Cook County courtroom for the indictment. Scannell’s father-in-law, Attorney Richard Swanson, is representing Scannell at this time, but Heffelfinger said Scannell’s representation after this point is unknown.
Scannell left court on his own recognizance with two conditions, Heffelfinger said: that he have no contact with the alleged victim and that he notify the court if he wanted to leave the state. His next appearance will be 8:15 a.m. November 12 at the Cook County Courthouse. That proceeding will be open to the public. A plea could be made at that time.
Further court hearings will take place in Cook County unless Heffelfinger or Scannell’s attorney request, and are granted, a change in venue. If the case goes to trial, it would be a jury trial. Prosecutor Heffelfinger said that Scannell requested that all judges in the Sixth District, from Hibbing to Grand Portage, be disqualified from the proceedings and that a retired judge be appointed.
Questions about Scannell’s job as county attorney were outside his purview, Heffelfinger said in response to questions. Any questions about Scannell’s continued licensure as an attorney would be in the hands of the Lawyers Professional Responsibility Board. Heffelfinger said he was appointed by the court to investigate the charges. He will be the prosecutor in this case and Cook County will cover the cost. When asked, he said he has not prosecuted a fellow prosecutor before, but said, “I’ve prosecuted a bunch of city counselors.”
The Cook County Board of Commissioners issued a statement immediately after the press conference noting that the Board of Commissioners was not involved in the investigation by Special Prosecutor Heffelfinger and has no control over it.
The statement cites the Minnesota statutes regarding a recall election: “By law, the Cook County Board of Commissioners has very limited authority over elected officials like the county attorney. The board does not have the authority to unilaterally reprimand, suspend, or remove an elected official…
“…The Cook County Board of Commissioners will continue to proactively monitor the situation with the goal, to the fullest extent allowed by the law, of ensuring that the interests of all parties involved and the citizens of Cook County are protected. We encourage the community to remain patient and allow the legal process to work.”
The county attorney came under scrutiny after a December 4, 2012 harassment retraining order issued against him by a Cook County family became public. According to the petition for restraining order, Scannell, 47, a longtime family friend, told the girl’s mother that he was in love with their daughter. According to the supporting information for the restraining order, Scannell told the girl’s mother that their relationship had become physical over the summer with “kissing and touching but nothing illegal.” Scannell was the girl’s tennis coach and was teaching her to play guitar. In court documents, the family stated that they had believed Scannell was “an adult asset” in their daughter’s life.
After learning about the restraining order, Sheriff Mark Falk sought an investigation into the matter, telling the Cook County News-Herald that it was needed because County Attorney Scannell prosecutes people who are involved with minors and he had been accused of having an inappropriate relationship with a 17-year-old. Falk said there were questions about when the relationship began. Since it would be a conflict of interest for the Cook County Sheriff ’s Office to investigate the prosecutor with whom it works so closely, Falk requested the BCA’s assistance.
Scannell issued a press release in December 2011 apologizing “…for the personal situation in which I am currently involved.” He stressed that the issues relating to the harassment restraining order never involved his position as county attorney. “…However, I recognize that I have breached your trust, and I hope to repair that trust over time,” he wrote.
Scannell’s family also issued statements, asking for understanding as Scannell worked through post-traumatic stress disorder after being critically injured in a shooting in the county attorney’s office on December 15, 2011. Scannell was shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl.
A family member wrote, “Obviously, this behavior is not something he would ever have engaged in before the shooting. That isn’t an excuse for the bad judgment, but it does put the lack of foresight in context.”
The family, through Attorney Richard Swanson, issued a statement after the October 31, 2013 press conference, stating: “Tim Scannell and his family have been under extreme stress ever since the attempt on his life in December 2011, when he was shot multiple times and nearly died in the Cook County Courthouse.
“We are very sorry and disappointed that the special prosecutor appointed in this case has chosen now—after all this time, more than one year after the initial allegations arose—to bring criminal indictment against Tim, who still works every day to deal with the PTSD, anxiety, and depression caused by the shooting.
“Tim knows he acted inappropriately and continues to apologize and make amends for his poor decision and the pain he has caused the family involved, his own family, the community, and all of their friends. He did not, however, act criminally. And all of the alleged events in this case occurred while he was suffering in the darkest hours of his severe depression.”
Swanson added, “We cannot discuss or further comment on the facts of this matter now or going forward. Unfortunately, a matter that should have been handled privately will now be decided publicly in the state’s criminal justice system. We believe that the charges that have been brought cannot be supported in a court of law.”
If found guilty, Scannell could be sentenced to up to 10 years of incarceration and/or $20,000 on each count.
Also up in the air is the litigation initiated by Scannell in April 2013 against Cook County related to the courthouse shooting.
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