St. Charles man’s bond lowered
A judge reduced bail Friday to $200,000 for a 31-year-old St. Charles man accused of raping a woman who occasionally baby-sat his infant son.
The attorney for Michael L. Listy, of the 100 block of South Second Street, suggested the 911 operator who took a call from the woman may have thought that part of the encounter was consensual.
“Obviously, it’s left up to interpretation by an individual,” attorney Liz Lovig said.
The 14-minute tape was not played in court. Authorities say the victim called police after Listy went to the bathroom after the assault, left the line open, and authorities used the cell phone signal to locate her at Listy’s apartment.
At a hearing in November, a judge read a police report that explained the tape’s contents. On it, a woman is heard telling someone named “Mike” to stop while a male voice is heard yelling in the background.
Listy has been held at the Kane County jail since his Nov. 16 arrest.
He is charged with six counts of aggravated criminal sexual assault and six counts of criminal sexual assault.
Lovig said both Listy and the baby sitter were drinking alcohol and smoked marijuana that night.
Lovig said the pair were playing a drinking game, and they had had consensual sex on previous occasions, including earlier that night. She also said medical reports indicate no physical injuries to the baby sitter.
Lovig pushed for a $100,000 bail, saying Listy was not a flight risk.
Kane County Assistant State’s Attorney Kelly Orland argued to Judge Allen Anderson that Listy’s bail should remain $500,000. Orland said Listy had two DUI arrests in 2004 and 2007, and missed court appearances on the cases several times, plus missed a court appearance from a 1997 burglary charge.
If Listy posts $20,000 to be released, he will be on electronic monitoring.
Anderson warned Listy not to stray from the home monitoring boundaries. “You get it right or perhaps you’re back here wearing orange,” he said.
Listy, who has pleaded not guilty, is due back in court April 15.