Scannell Trial Goes to Jury
Thursday, July 24, 2014
By:
Julia Russell
Photojournalist:
Nathaniel LeCapitaine
FOX 21 News, KQDS-DT
Regions:
- Twin Ports
Topics:
- Community
- Court
http://www.fox21online.com/sites/default/files/scannell%20day3%20pkg.mp4
DULUTH - The sexual misconduct trial involving Cook County Attorney Tim Scannell and his alleged relationship with a 17-year-old girl is on hold until the jury can make a decision.
Thursday, the court heard a summary of the evidence they've seen throughout the week, and have the task of deciding who is telling the truth about what happened in the back of Tim Scannell's van in Grand Marais the summer of 2012.The decision of what to do with two counts of 4th degree criminal sexual conduct lies in the hands of the jury. In closing statements, both the state and the defense put a big emphasis on the wording of the law.
They specifically focused on position of authority and Scannell's intent when he was touching the 17-year-old girl.
The state says his position as county attorney along with being a mentor, father figure, family friend, college advisor, coach, academic advisor, job counselor, and social advisor to the girl shows he was in a position of authority.
The girl's testimony shows she trusted him, and Scannell admitted he felt he betrayed her trust when he exposed their relationship to her parents.
The state argues claiming position of authority is not something that happens overnight, but grows overtime and is constantly changing.
The defense agreed, but argued at the time of the incidents Scannell did not have authority over the 17-year-old.
The defense argued that a person must be charged with the responsibility of authority, and they said nobody ever asked Scannell to take care of the girl.
Scannell’s lawyer argued the alleged victim’s testimonies were inconsistent and there was too much time in between statements for them to be viewed as accurate.
As for intent, Scannell argues the touching of her breast happened one time and it was accidental.
Emails viewed during closing statements showed the relationship seemed to be mutual. The victim would consistently tell Scannell she loved him and cared about him.According to Minnesota state law, kissing is not a sexual act and will not be considered one in this case.
Closing statements didn't end until about 5:00 Thursday evening.
Lawyers say they should see a verdict sometime Friday.The jury will not be sequestered.