Kane judge says man must stay indoors while being monitored

A Kane County judge recently shot down a request from a St. Charles man to have access to his parents’ backyard while on electronic home monitoring, awaiting trial on rape charges.

Michael Listy, 31 of the 1000 block of South Second Street, asked Judge Allen Anderson to change the condition of the electronic home monitoring to allow him to go in the backyard of his parents’ home in the 200 block of Euclid Avenue in Geneva.

Listy’s attorney Liz Lovig argued that backyard access will allow him to do yardwork for his parents, help maintain their pool and go outside when his young son comes to visit.

Listy, who was arrested in late 2010 on charges that he sexually assaulted his child’s baby-sitter after they got drunk and she passed out, has been on home monitoring since late April.

Prosecutors pointed to incidents June 13 and 14 where Listy was supposedly out of range of monitoring device.

Listy’s mom, Linda Jarvis, noted one time Listy was in the garage and the other time he was sleeping. She also noted that on June 19 Listy had to leave the house and go into the backyard to help tend to the family dog, which had an emergency and was later put down. The monitoring device did not signal an alarm then.

Anderson suggested a range test for the equipment, but did not budge on keeping Listy indoors.

“This is premised on the four corners of the house,” Anderson said. “This is electronic home monitoring, it’s not electronic yard monitoring.”

Listy is due in court again Aug. 18. No trial date has been set.

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