The hearing in the fourth-degree criminal sexual conduct case of Cook County Attorney Timothy Scannell that was postponed in January 2014 will be held next week, on Thursday, March 27 at 1:15 p.m. at the St. Louis County courthouse in Duluth.
At the hearing, a contested omnibus hearing, Judge Shaun Floerke will consider if the matter will continue to trial and if so, what evidence can be used at trial.
Reached at his office on March 18, Thomas Heffelfinger, Special Prosecutor for Cook County said the attorneys in the case—Heffelfinger for the county, Joseph Tamburino of Caplan & Tamburino for Scannell—submit motions to the judge in advance of the hearing.
“Whether Judge Floerke is prepared to rule immediately from the bench or whether he will take it under advisement and issue a written decision, I don’t know,” said Heffelfinger. “However, I wouldn’t be surprised if he made a ruling at the hearing.”
Asked what the judge could rule on, Heffelfinger explained that the judge could make a ruling dismissing the charges or to proceed to trial.
Heffelfinger said he didn’t anticipate any witnesses being called to speak at the hearing. He said it would likely just be “lawyers arguing.”
Scannell’s defense attorney, Joseph Tamburino did not answer a call requesting comments. However, Tamburino filed a motion on Scannell’s behalf on February 28, 2014, arguing that the grand jury empaneled in October 22, 2013 based its indictment “upon inadmissible evidence and inaccurate law.”
Although supporting documents for the motion are not public because they pertain to a juvenile, Tamburino said in his motion, “No probable cause exists to indict the defendant, and therefore the indictment should be dismissed.”
Heffelfinger said. “Our motion is the opposite of that.”
County Attorney Scannell has been free on his own recognizance since his October 2013 indictment with the condition that he has no contact with the alleged victim or with any of the witnesses in the case.
If the matter goes to trial and Scannell is found guilty of the charges, he could be sentenced to up to 10 years of incarceration and/or $20,000 on each count.
Scannell came under public scrutiny after a Cook County family concerned about the safety and wellbeing of their then-17-year-old daughter issued a harassment restraining order against him on December 4, 2012. An investigation and the grand jury indictment followed.
Scannell first became the center of media attention on December 15, 2011 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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