PEORIA, Ill. (AP) - An Illinois appeals court has thrown out a South Peoria man’s 2012 conviction on charges he sexually assaulted a 20-month-old girl.
The Journal Star (https://bit.ly/1R3D8cm ) reports Judge Mary K. O’Brien says there was a lack of sufficient evidence against 61-year-old Steven Cole. The ruling throws out Cole’s conviction and 25-year prison sentence.
“Other than the fact that (the child) was undisputedly at the Coles’ house, the State did not present evidence linking Steven to the offense any more than the other adults who had access to (the child) in the injury time frame,” O’Brien wrote in the opinion.
The toddler had showed signs of sexual abuse in 2009, after spending time at the Coles’ home. The child’s mother noticed blood in the infant’s diaper the next day and took her to the hospital. Doctors discovered evidence of sexual assault and semen in the diaper.
In her opinion, O’Brien argued the state never countered Cole’s defense. At trial, a medical expert argued the sperm cell found in the diaper couldn’t have been Cole’s because he’d previously had a vasectomy more than a decade prior to the event.
Peoria County State’s Attorney Jerry Brady argued that transcripts did show that the medical expert did admit that it was possible the sperm cell came from Cole.
Brady maintains the police work behind Cole’s case was sound and that the charges came as a result of what police thought at the time - that Cole was behind the assault and his wife was withholding information. Janet Cole later pleaded guilty to misdemeanor attempted obstruction of justice.
“The trial court doesn’t have access to the total breadth of the investigation,” Brady said on Tuesday, referring to police reports, which often are not admitted as evidence at trial.
Brady said his office wasn’t considering, at the time, an appeal to the Illinois Supreme Court.
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Information from: Journal Star, https://pjstar.com
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