Judge Kenneth Sandvik has issued his response to a November 3, 2009 contested joint omnibus hearing and related challenges by the defense involving a Cook County husband and wife accused of committing crimes against an acquaintance last spring. The crimes allegedly took place in the defendants’ home over an 8½-hour period from the evening of May 15 to the morning of May 16, 2009.
Accused are Kevin Robert Thompson, 52, and Susan Ann Thompson, 40.
The judge’s January 28, 2010 response will allow charges of 1) kidnapping, 2) assault in the second degree, 3) terroristic threats, and 4) false imprisonment to go forward against Mr. Thompson. Thejudge dismissed a charge of second-degree criminal sexual conduct.
Against Mrs. Thompson, charges of 1) criminal sexual conduct in the second degree, 2) kidnapping, and 3) false imprisonment will go forward.
In his January 28, 2010 memorandum regarding Mr. Thompson, Judge Sandvik wrote: “The alleged victim…provided statements to law enforcement that the defendant, Kevin Robert Thompson, a person with whom he was well acquainted, restrained him with cable ties and duct tape for approximately eight hours while the defendant threatened him with verbal, emotional, physical and sexual abuse.
“During the May 17, 2009 interview at his residence, the defendant stated to law enforcement that he kept and threatened [the alleged victim] so that [the alleged victim] would think that defendant was crazy and so that [the alleged victim] would end his relationship with defendant’s wife. According to Cook County deputies who interviewed the defendant, defendant also admitted that he crossed the line into illegal activity by detaining [the alleged victim].”
In his findings of fact regarding Mrs. Thompson, Judge Sandvik wrote, “During the interview, defendant’s husband gave a statement corroborating the timeline and some of the events claimed by [the alleged victim]. The defendant was informed of what her husband told law enforcement and she stated she agreed with the details that he had given. Apparently, defendant told law enforcement she was not threatened at any time during the incident, that she felt safe with her husband and that her husband would never hurt her.”
The judge denied requests by the defense attorneys, Richard P. Holmstrom of Duluth for Mr. Thompson and Christopher Stocke of Duluth for Mrs. Thompson, to dismiss the charges, remove the Cook County Attorney’s office as prosecutor, and not allow evidence from electronic media seized from the defendants’ home to be used.
Judge Sandvik ordered Mr. Thompson to stand trial for the charges brought against him in Counts 1, 2, 3, and 4 of the criminal complaint. He ordered Mrs. Thompson to stand trail for the charges brought against her in Counts 1, 2, and 3 of the criminal complaint, adding that requiring her to stand trial is “fair and reasonable.”
On February 8, 2010, County Attorney Tim Scannell filed a notice of appeal and a motion for reconsideration asking the court to reconsider dismissal of the second degree sexual assault charge against Mr. Thompson.
If the sexual assault charge is not allowed against Mr. Thompson, Mrs. Thompson could face significantly more time in prison than her husband.
In Judge Sandvik’s conclusions of law, he stated that the sexual assault charge against Mr. Thompson was dropped because there was no evidence that Mr. Thompson himself engaged in sexual contact with the victim, although the judge’s statements of fact say that Mr. Thompson ordered the victim and Mrs. Thompson to engage in sexual contact. Mr. Thompson could also be charged with aiding and abetting.
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