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, was scheduled to appear before Judge Shaun Floerke in St. Louis County on Friday, January 24, 2014. However, with consent of attorneys on both sides, the omnibus hearing was postponed until 1 p.m. on Thursday, March 27.
The purpose of the omnibus hearing is to allow the judge time to consider what evidence can be used at trial. If there is no disagreement on what evidence will be admitted and if probable cause is not contested, the case is set for a jury trial. Plea petitions are sometimes entered at the omnibus hearing and sometimes settlements in the case are reached. However, if there is a disagreement on evidence, a contested omnibus hearing is scheduled.
According to Special Prosecutor Thomas Heffelfinger, that is the case. Reached at his office on January 28, Heffelfinger said the hearing that was cancelled was primarily a “status conference.” He said no motions had been filed, so it was not a contested hearing.
“It is now scheduled as a contested hearing, so I anticipate motions will be filed. At that hearing, we will argue those motions,” said Heffelfinger, adding that he did not expect witnesses to be called.
“It will probably be just lawyers arguing. We’re scheduled for a couple of hours, if needed,” said Heffelfinger.
Heffelfinger said such delays are not unusual. “There are some things that are unique about this case—the use of the grand jury and the change of venue to St. Louis County—but it’s not unusual for a hearing to be four months out from the grand jury.”
The defense attorney for County Attorney Scannell, Joseph Tamburino of Caplan & Tamburino, was out of his office and unavailable for comment because of family emergency.
If found guilty, Scannell could be sentenced to up to 10 years of incarceration and/or $20,000 on each count. Scannell has been free on his own recognizance since his indictment with the condition that he have no contact with the alleged victim or with any of the witnesses in the case.
County Attorney Scannell came under public scrutiny after a December 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. After learning about the restraining order, Cook County Sheriff Mark Falk sought an investigation into the matter. 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 Minnesota Bureau of Criminal Apprehension’s assistance. Heffelfinger was assigned to review the BCA investigation and ultimately to serve as prosecutor for Cook County in the case.
In response to the news of the restraining order, some citizens doggedly campaigned for his removal from the county attorney position. 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 became the center of media attention when he was shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl.
On October 15, 2013, Scannell gave notice that he was leaving the county attorney’s office indefinitely on medical leave. He has obtained the services of worker’s compensation attorneys Roger and Garbow of Bemidji.
As an elected official, Scannell will continue to be paid his full salary while he is on leave.
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