Jim Dey: Next up for Shannon -- different court, different state, different rules

Jan. 25—Suspended University of Illinois basketball star Terrence Shannon Jr. cleared a big legal hurdle last week when a federal judge ordered his reinstatement.

Shannon was suspended in late December after UI officials learned he faced rape charges in Lawrence, Kan. Those charges stem from a Sept. 7-8 trip Shannon and a teammate made to see the Fighting Illini football team play Kansas.

The ruling was a huge relief to Shannon, who argued the suspension jeopardized his prospects for playing professional basketball.

Despite its significance, the civil case isn't the most important challenge he faces.

If convicted of the criminal charges against him, Shannon faces a mandatory prison sentence. But defense lawyers' hopes are buoyed by the unusual nature of the case.

The facts alleged are a far cry from more common sexual-assault scenarios — something akin to a home invasion or a female pedestrian attacked and dragged into the bushes.

The charge against Shannon alleges the incident took place in a noisy, crowded campus bar — Lawrence's Jayhawk Cafe — that was filled with drinkers.

The victim told police she saw Shannon waving to her in the bar. She then said that, after she approached him, Shannon, with one arm draped around another woman, put his hands inside her underwear and assaulted her.

The woman told police she left the bar and reported the matter to police. She identified Shannon by using her smartphone to look up pictures of University of Illinois and University of Kansas athletes.

Police reports made public in the federal civil case indicate authorities have no witnesses to confirm the victim's account and that bar camera footage reveals no unusual interactions between Shannon and the woman.

Appearances can be deceiving. Absent new information, it looks like it will be a challenge for prosecutors to prove their allegations beyond a reasonable doubt to jurors. Perhaps inadvertently acknowledging the weakness of the felony charge, prosecutors also charged Shannon with a lesser misdemeanor offense.

Filing the misdemeanor upfront is at odds with the local practice of prosecutors waiting until their case has been presented and then asking the trial judge to allow jurors to consider a lesser offense.

Shannon faces a preliminary hearing that this week was moved back from Feb. 23 to May 10 — another odd twist in an odd case.

Preliminary hearings in Kansas operate under different rules than those in Illinois.

Both are held to determine if there is sufficient "probable cause" for a judge to order a trial.

In Illinois, they are generally brief and perfunctory, mostly because "hearsay" testimony is admitted. "Hearsay" is defined as "an out-of-court statement ... being offered in court for the truth of the matter."

In Illinois, a police officer can provide hearsay testimony by taking the witness stand and reporting what the victim allegedly told him.

If Kansas, according to Lawrence criminal defense lawyer John Frydman, "the victim probably would testify because you can't use hearsay." Further, the Kansas preliminary hearings can be measured in hours, not minutes.

The bottom line, however, is usually the same — the case is set for trial, not dismissed.

Illinois judges almost always find probable cause because the standard of proof is so low. Further, the judge is required to consider the evidence "in the light most favorable" to the prosecution.

In Kansas, Frydman said that, despite different rules, the results are the same.

"I've had two cases out of hundreds dismissed at preliminary hearings," he said.

It's a different story when a case goes to trial because prosecutors bear the burden of proving the charges beyond a reasonable doubt. The defense doesn't have to prove anything.