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updated: 7/17/2011 8:29 PM

Kane judge says man must stay indoors while being monitored

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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.

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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.

Aurora officers honored: Two Aurora Police officers were recognized as "Employees of the Month" for separate lifesaving efforts.

"The efforts displayed by these two officers are prime examples of the outstanding job Aurora Police officers do everyday whether on-duty or off," Police Chief Greg Thomas said.

Officer Michael Nilles was May's "Employee of the Month" for responding to a near east side home for an emergency call for an infant not breathing. A large dog was obstructing him from the baby, so the 23-year department veteran carried the child outside and performed CPR until paramedics arrived. The baby died after being transported to the hospital. Police later learned the child was born prematurely and suffered from a heart defect.

Officer Christopher Cox was named April's "Employee of the Month" after he saw a vehicle stopped in Oswego while off-duty, and found a man lying on the ground. The man was not breathing, so Cox, an Aurora officer since 2006, began CPR and continued even after paramedics arrived on the scene. The man was transported to the hospital but he died of a heart attack.

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