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Case Dismissed, Kane County Chronicle


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Sexual abuse charges dropped after 10 months
By Dan Campana
Kane County Chronicle, October 22, 2005

ST. CHARLES — Twelve days before a scheduled trial date on sex abuse charges, ***** walked out of Kane County Jail this week a free man.

On Wednesday, prosecutors dropped charges against the 25-year-old Aurora man who was accused of aggravated criminal sexual abuse and predatory sexual assault for incidents in North Aurora that occurred between Sept. 23 and Oct. 22, 2004, against two boys and a girl.

****** was arrested on the charges in December, and had been in custody through several months of hearings where his attorney, Kathleen Colton, attacked the state's evidence.

"We were fighting it tooth and nail," Colton said Friday, adding that "thrilled" would
understate ***** reaction to being released.

Colton was prepared this week to have the charges thrown out on the basis that prosecutors had violated ***** right to a speedy trial. However, before a hearing date could be set this week on that motion, prosecutors dropped the case, Colton said.

Assistant State's Attorney Justin Fitzsimmons said prosecutors withdrew the case because of concerns their evidence would fall short of a conviction, as well as the impact of putting the three minors through a trial.