Cook County News Herald

Testimonies heard in Scannell criminal sexual conduct case




At press time the jury trial of Cook County Attorney Timothy Scannell on two felony charges of fourth-degree criminal sexual conduct was under way in St. Louis County District Court in Duluth. The trial convened on Monday, July 21, 2014.

The trial’s first day consisted of jury selection. More than 40 potential jurors were interviewed before 14 people were impaneled—10 men and four women. Two jurors are alternates.

On Tuesday, July 22, the alleged victim testified that Scannell had touched her inappropriately and tried to convince her to have sex with him when she was 17 years old.

MPR’s Dan Kraker reported that the woman, now 19, told jurors that Scannell was a “mentor” and “father figure.” She said they rarely went more than a few days without seeing each other in the summer of 2012. They kissed on several occasions, but on two dates in August, she testified, he inappropriately touched her breasts, stomach and legs. She said she told him, “No, that can’t happen.”

Scannell suggested later they have sex, she said, but she declined. “I was confused,” she said in court during nearly three hours of testimony. “I didn’t want to lose him in my life. I knew what we were doing wasn’t OK.”

Scannell waived his right to remain silent and testified for almost two hours on Wednesday, July 23, becoming emotional as he described what he said led to the relationship, starting with the horrific details of the courthouse shooting on December 15, 2011. Scannell was shot by a defendant he had successfully convicted of criminal sexual conduct with a teenaged girl. Scannell said he was diagnosed with post-traumatic stress disorder after the shooting. He said he contemplated suicide and at one point spent three days in a psychiatric unit.

Scannell asserted that the county’s special prosecutor Thomas Heffelfinger’s portrayal of him as coach, mentor and advisor to the 17-year-old girl was exaggerated. He said he had little involvement in the girl’s life after the courthouse shooting.

Questioned by his defense attorney Joseph Tamburino, Scannell shared details of the first time he noticed that he had feelings for the teen. He was sitting next to her, helping her with college planning when he first noticed an attraction in the spring of 2012. Scannell said he didn’t know what to do and he said he kept his feelings to himself for as long as he could. However, he said, their relationship grew and eventually they held hands and went on walks together. He testified that on a few occasions, they drove and parked on a rural road and kissed. He said touching was limited to her arms, but said that he once inadvertently touched her breasts.

Cross-examination by special prosecutor Heffelfinger was scheduled for Thursday, July 24, after the News-Herald deadline. Judge Shaun Floerke said he hopes to have all testimonies completed by the end of the day.

Because the age of consent in Minnesota is 16, the jury must then decide whether or not Scannell was in a position of authority over the girl at the time of the physical acts.

If 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 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.

The investigation into the matter began after the Cook County family concerned about the safety and wellbeing of their then-17-yearold daughter issued a harassment restraining order against him on December 4, 2012.

On October 15, 2013, Scannell gave notice that he was leaving the county attorney’s office indefinitely on medical leave. As an elected official, Scannell will continue to be paid his full salary while he is on medical leave and on trial.



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