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14-year sentence for man guilty of assaulting babysitter

Michael L. Listy

Michael L. Listy

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Updated: October 3, 2012 6:21AM

ST. CHARLES TOWNSHIP — A St. Charles man reportedly heard on tape sexually assaulting his son’s babysitter has been sentenced to 14 years in prison.

Michael Listy this week pleaded guilty in Kane County Court to one count of aggravated criminal sexual abuse in connection to the 2010 incident at his home. The babysitter dialed 911 during the early morning hours of Nov. 16, 2010, as Listy began to assault her, according to authorities. The 17-minute recording captures the attack and the woman’s pleas for Listy to stop. The call led St. Charles police to Listy.

Prosecutors dropped the original aggravated criminal sexual assault charges against Listy as part of the agreement for Listy’s guilty plea. He will be required to register as a sex offender, according to prosecutors.

Listy was scheduled to go on trial Sept. 17, and attorneys in the case had filed what appeared to be the last round of pretrial motions. While prosecutors wanted to bring the tape into the trial, Listy’s attorney, Elizabeth Lovig, had sought to introduce details of a prior encounter between Listy and the woman. Lovig’s motion suggested the pair had previous sexual contact, but prosecutors objected to those details being presented at trial because a victim’s sexual history is typically barred as evidence in sex assault cases. Prosecutors also contended the incident described in Lovig’s motion did not constitute sexual contact as described by state law.

The 911 recording nearly became public in 2011 when Lovig, a former prosecutor, sought a bond reduction to have Listy released from jail. Prosecutors intended to play the tape at that hearing to support the allegations against Listy, but Lovig backed off from seeking the reduction. A judge later lowered Listy’s bail without the tape’s introduction. Listy, who has a previous conviction for robbery in the 1990s, is now back in jail awaiting to be transported to prison.

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