Tim Scannell
After nine hours of deliberation, a St. Louis County jury convicted Cook County Attorney Tim Scannell, 48, of two counts of 4th degree criminal sexual conduct on July 25, 2014. Sentencing is scheduled before Judge Shaun Floerke on Friday, September 26. Reached by the Cook County News- Herald on Tuesday, July 29, Scannell said an appeal of the conviction was “not likely.”
An investigation of Scannell’s relationship with a then 17-yearold Cook County girl was launched after her family requested, and received, a restraining order against him on December 4, 2013. The girl’s parents were concerned about her safety and wellbeing. The investigation led to grand jury indictment on the two felony counts in October 2013. Scannell has been free on his own recognizance since the indictment with the condition that he has no contact with the alleged victim or with any of the witnesses in the case.
During the trial, the woman, now 19, testified that she and Scannell saw each other on numerous occasions during the summer of 2012 and that on two dates in August, they kissed and he touched her breasts, stomach and legs. She also said he suggested they have sex and she declined.
Because the age of consent in Minnesota is 16, the jury was asked to decide whether or not Scannell was in a position of authority over the girl at the time of the physical acts. Thomas Heffelfinger, the special prosecutor for Cook County, said that Scannell abused a position of authority when he kissed and inappropriately touched the girl, who he had known since third grade and who he had coached in tennis and soccer, taught guitar and helped research colleges.
Scannell and his attorney Joseph Tamburino asserted that his role as coach, mentor and advisor to the 17-year-old was exaggerated. Scannell said he had little involvement in the girl’s life after he was critically injured in a courthouse shooting in December 2011.
According to Briggs LeSavage of WDIO Channel 10, Tamburino argued that Scannell was never directly given any parental responsibilities over the girl. Tamburino shared emails and messages from the girl to Scannell that he said indicated that these letters were a “two-way street.” Tamburino stated that made Scannell’s actions distasteful and immoral, but not illegal.
The jury did not agree and after the verdict was issued, Prosecutor Heffelfinger told WDIO, “I believe the victim, her family and the people of Cook County can move on with their affairs and put this chapter of their lives behind them.”
The young woman’s family spoke to the News-Herald. Her parents wrote, “Thank you to the Cook County community, our family and friends, Jodi Yuhasey at the Violence Prevention Center, special prosecutor Tom Heffelfinger, and BCA Agent John Nordberg for their amazing efforts to right a wrongdoing. The overwhelming support from family, friends, acquaintances, and even strangers has helped our family deal with a painful situation. We are so appreciative of Jodi, Tom, and John and their professional wisdom and compassion.
“While we are grateful that justice was served and the truth finally prevailed, it is frustrating that the process took nearly two years leaving both a financial and emotional burden to our family and to the county.
“It is vital that Mr. Scannell and his family seek help from professionals and begin the long process of healing. We sincerely hope this happens,” they stated on July 30.
Scannell issues an apology
A day after the conviction, Scannell sent an email to the Cook County News- Herald apologizing to the young woman involved, his family and the community for the mistakes he made and the pain that resulted.
In a follow up conversation with the News-Herald on July 29, Scannell answered questions about a possible appeal. He said, “We haven’t made a decision about an appeal. On the one hand, addressing problems with the grand jury process and the vagueness of the statute in this case would be appropriate; on the other hand, for the young woman and her family and for me and my family, an appeal would prolong a painful situation that should have ended long ago.
“For that last reason, and for the fact that I would abhor causing [Special Prosecutor] Thomas Heffelfinger to be able to bill even a minute more to this matter, I think an appeal is unlikely,” said Scannell.
Cook County Auditor Braidy Powers told the News-Herald that the county has been billed $35,909.75 for Heffelfinger’s services to date.
Asked if he had any idea why the jury returned a guilty verdict—and if he was surprised at the outcome—Scannell said, “I did not expect this jury decision. I don’t know, and can’t speculate on, what factor or factors most influenced their decision, but I believe they took their responsibilities seriously.
“As both the special prosecutor and the defense attorney have noted, this case makes crystal clear the need for the legislature to revisit the statute in question. I don’t agree with the verdict, based on the law and the facts in this case. I do respect the process. I do accept the result. And I want nothing more than for everyone to move forward, taking full responsibility for my mistakes and the harm I have caused people about whom I care deeply,” said Scannell.
Asked about his future as county attorney—Scannell gave notice that he was leaving the county attorney’s office indefinitely on medical leave on October 15, 2013—Scannell replied, “I am on medical leave based on the written advice of my psychiatrist and therapist, due to persistent issues from PTSD.”
Scannell has been in the public eye for several years, first gaining national attention when he was critically injured in the December 15, 2011 shooting in Cook County courthouse. Scannell was shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl.
Scannell wrote in an email to the News-Herald, “Lynn Margolies, Ph.D., writes that, ‘[T]he essential psychological effect of trauma is a shattering of innocence. Trauma creates a loss of faith that there is any safety, predictability, or meaning in the world, or any safe place in which to retreat. It involves utter disillusionment. Post-traumatic stress disorder (PTSD) is a condition created by exposure to a psychologically distressing event outside the range of usual human experience, one which would be markedly distressing to almost anyone, and which causes intense fear, terror, and helplessness. The trauma is an assault to the person’s biology and psyche. There are 3 categories of PTSD symptoms: 1) hyperarousal, 2) re-experiencing, and 3) avoidance/numbing’
“I experience all of those symptoms daily, making it impossible to lead a healthy and normal life, let alone handle work as an attorney at this time,” said Scannell.
County votes unanimously for removal
As an elected official, Scannell continued to be paid his full salary while he is on leave. In March 2014, Scannell told the News-Herald that he had obtained the services of worker’s compensation attorneys Roger and Garbow of Bemidji. Scannell declined to comment on the status of his worker’s compensation claim.
At press time on Thursday, July 31, Cook County commissioners met to discuss Scannell’s position as county attorney in light of the conviction. Asked before hand if he would be attending that meeting or if he had any comments about that meeting, Scannell replied, “I cannot speak for the county board or the decision to hold a special meeting, but I suspect they do not realize that criminal convictions don’t become final until sentencing. I will not be at the meeting.”
In the special 8:30 a.m. meeting, Minnesota Counties Insurance Trust Attorney Dyan Ebert advised board members that case law supports Scannell’s removal from office. Commissioner Garry Gamble made the motion based on “…the incumbent’s conviction of any infamous crime, or of any offense involving a violation of the official’s oath.” The vote was unanimous to remove Scannell from office and to appoint Assistant County Attorney Molly Hicken as his successor.
Noting that the Scannells’ house in Grand Marais is listed for sale, the News- Herald asked Scannell if he planned to leave Grand Marais. Scannell said yes, “My family and I intend to move away from Cook County as soon as possible.”
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