Tim Scannell
Throughout his career there have been times when Cook County Attorney Tim Scannell has assisted families seeking harassment restraining orders. On December 4, 2012, Scannell himself was the subject of an order in effect for two years, filed by a Cook County family concerned for the safety and wellbeing of their 17-year-old daughter.
Harassment restraining order issued against Scannell
According to the signed petition for restraining order, Scannell, 47, a longtime family friend, approached the girl’s mother at her workplace on September 25, 2012 to tell her 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.”
The petition details how close the two families had been up until this point. The two families had socialized and spent time at sporting events together. In the court documents, the family stated that they had believed Scannell was “an adult asset” in their daughter’s life.
It appeared that the county commissioners expected citizens to come before them during the public comment period of the Tuesday, December 11 board meeting. Board Chair Jan Hall read a prepared statement at the start of the meeting, noting that they were aware of a complaint against the county attorney.
In the petition, the family provided a series of text messages sent to them with promises from Scannell to stay away from the teen. They decided not to pursue a restraining order in September because they wanted to protect their daughter’s privacy. However, after they learned that Scannell had continued to communicate with their daughter, they sought the restraining order, which was granted.
Public outcry, county response
Once the restraining order was filed, it became public and WDIO television in Duluth broadcasted the story, noting the county attorney had first gained national attention as the victim of the December 15, 2011 courthouse shooting in Grand Marais. Media sources around the country shared the story, some noting the irony of the new development. Scannell had been shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl.
Some community members expressed the desire to have Scannell resign from his position as county attorney. A facebook page, since removed from the Internet, titled “Let’s get Tim Scannell out of office,” gained 162 supporters and its creator encouraged citizens to contact their county commissioners, asking them to initiate the process to remove the attorney from office. A call also went out for citizens to attend the December 11 county board meeting to press the county board to take some action toward Scannell’s removal from office.
At the beginning of the meeting, Board Chair Jan Hall read a statement prepared with assistance from the Minnesota Counties Insurance Trust. Hall said, “The county board is very aware of a complaint that has been made against the Cook County attorney. This complaint is being investigated by the proper authorities in an appropriate manner and no decisions or findings have yet been made. Pursuant to Minnesota statutes, county commissioners have very limited authority over the other elected positions of county attorney, auditor, recorder, and sheriff, but will continue to monitor the situation. We would like to express our deep concern for all of the parties involved as well as for our community during this difficult time.”
Although about 20 people were in attendance, only two spoke during the public comment period that followed. Jason Zimmer of Grand Marais expressed his concerns about the situation and urged the board to call a special meeting to ask County Attorney Scannell for his resignation.
Commissioner Bruce Martinson said, “A lot of us have the same concerns that you do,” and said the board would be consulting with the Association of Minnesota Counties.
Also during the public comment period, District 2 (East Grand Marais) Commissioner- Elect Garry Gamble reviewed some elements of Minnesota statute regarding the process for removing an elected official. He said they would need to be clear about the process that would need to be followed if people wanted to remove Scannell from office.
“We do have a process, and that’s in place right now,” said Commissioner Hall, however she did not elaborate.
Sheriff initiates investigation
Part of the process is likely monitoring the investigation that is underway by the Minnesota Bureau of Criminal Apprehension. Sheriff Mark Falk has requested the BCA’s assistance because, he said, County Attorney Scannell prosecutes people who are involved with minors and he has been accused of having an inappropriate relationship with a 17-year-old. Falk said 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 said investigators will attempt to determine when the relationship began.
Scannell and family speak out
Scannell maintains that the circumstances leading to the restraining order in no way impacted his work. On December 11, he issued a press release through his attorney, Joseph Tamburino of Caplan & Tamburino, regarding what he described as a “temporary harassment order.”
Scannell wrote, “I wish to express my sincere apology and make amends to the people of Cook County for the personal situation in which I am currently involved…The issues relating to the temporary harassment order never involved my position as the Cook County Attorney or any part of the County Attorney’s Office. It was, and is, absolutely and completely a personal matter. However, I recognize that I have breached your trust, and I hope to repair that trust over time,” he wrote.
Scannell alleged that the matter has received “an inappropriate and unfortunate amount of inaccurate media attention.” He said that attention would “inevitably affect how you perceive me personally and as an elected official,” but he said he wanted to reassure the public that he would fulfill his duties as county attorney as he always had “with fairness to all and with the high quality of advocacy that my office has provided to all of you in all respects over the time since I first became Assistant County Attorney eight years ago.”
Scannell said, “It has always been my privilege and honor to serve you as your County Attorney. The people of this community are fully aware of the hard work I have done on your behalf, and of the extreme personal sacrifices that I have made in being the County Attorney, especially since the attempt on my life last year.
“Still I know all too well that I have disappointed you, and I want to apologize for that as sincerely as I possibly can. Please know that I deeply regret the negative attention that this situation has focused on our shared community. “
Scannell closed his statement with another apology and no further mention of last December’s shooting. His family however, has. In a note to friends, shared with the Cook County News-Herald, Scannell’s wife wrote, “I thought I should send a brief message to you, our friends, regarding the situation that is being over dramatized currently by the media. I am furious and hurt by how they have portrayed this but have sympathy for everyone involved in this situation.
“As you probably know, Tim has been suffering from terrible PTSD, depression, and anxiety since he was shot and nearly killed last December. He did not exercise good judgment in relying on and becoming too close to [the girl involved]. All of this conduct is an unfortunate result of those emotional issues.
“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.
“All of this has obviously been very hurtful to our family and the [other family] and all of you. We have been trying to work through the situation as best we can. Tim just completed a five-week intensive inpatient program to help address and deal with his physical and emotional trauma.
“His relationship with her was not sexual or criminal, and he never harassed any members of the family in question in any way. He is trying to work through this horrible situation in a way that is fair to everyone involved. It’s unfortunate for everyone that this has become a media issue simply because Tim is a public official and was shot and nearly died last fall. He and I want to assure you all that he will not contact the affected family at any time going forward.”
Parents seek privacy— and resignation
The parents of the young woman have also, reluctantly, given a statement to the Cook County News-Herald. The girl’s parents wrote, “As we have already sacrificed our family’s privacy by providing many details in our request for a restraining order, we hesitate to comment on this situation other than to state the obvious: on so many levels, this is devastating for our 17-year-old daughter to endure. We will continue to do whatever is necessary to protect our daughter and her future.
“We trusted Tim for many years; in fact, we were at his bedside within days of the shooting incident last December. Although we may never know exactly when his predatory behavior began, in hindsight we are saddened to think that it likely began years ago and manifested itself right under the umbrella of our friendship. Had we known in June, as other members of Tim’s family did, we could have begun the difficult process of healing several months ago.
“We are grateful for the outpouring of support, and we trust that our community will not tolerate this kind of behavior from an elected public official— or anyone else, for that matter. It is inconceivable to us that Tim could continue to serve this county in any capacity, whether coaching and volunteering with kids, or ‘protecting and providing for the public safety’ as he asserts in the mission statement on his web page. How could his constituents trust such a hypocrite to ‘employ the highest ethical standards?’
“In closing, we hope that Tim sees the wisdom in resigning from his job, leaving our community, and sparing our daughter further anguish,” the family wrote.
Calls for resignation or removal
If Scannell, who was re-elected in 2010, chooses not to resign, removing him would be a complicated process because he is an elected official, as Commissioner Hall stated. His current term expires in January 2014. It is, however, a process that Jason Zimmer is researching.
In a phone conversation, Zimmer confirmed that he had obtained the official form from the Minnesota Secretary of State’s office to file a petition for a removal election. Any registered voter may petition for a removal election.
According to Minnesota Statute 351.14 – 351.23, any public official who is elected to countywide office, including the county attorney, may be subject to recall.
Grounds for recall are malfeasance or nonfeasance in the performance of official duties during the current or previous term. The petitioner must attach to the petition documents which contain the signatures of supporters who are registered voters totaling at least 25 percent of the number of voters in the preceding election for office.
According to County Auditor-Treasurer Braidy Powers, 2,391 votes were cast in the 2010 election, meaning Zimmer would need approximately 600 names to move ahead.
If the number of signatures is reached, the petition goes to the county auditor for verification of signatures. The matter would then go on to the clerk of appellate courts for review and then to the chief justice/special master to determine whether it properly represents the alleged facts and proves malfeasance or nonfeasance. Finally a public hearing would be held. If the hearing supports the facts of the petition, the county auditor is directed to set a removal election within 30 days.
Zimmer said he was doing the research on the recall because “I somehow felt connected.” Zimmer said, “A lot of things get swept under the carpet. A child is involved and I don’t want to see that happen. If I don’t do it, who will?” said Zimmer.
In related business, at the December 11 county board meeting, a motion passed authorizing hiring additional legal help for the county attorney’s office as needed. The board approved this request with three ayes, with Commissioner Jim Johnson and Jan Hall having to leave early for another commitment.
Leave a Reply