St. Charles hotel beating suspect wants his police statements disallowed
A man accused of beating his girlfriend’s toddler in a St. Charles hotel room 15 months ago wants his statements to police disallowed in court.
James Cooper, 28, of Elburn, contends he didn’t understand his Miranda Rights and was suffering from heroin withdrawal when police questioned him.
Meanwhile, the girl’s mother, Cathleen Koch, 29, of Plano, is set to stand trial in March.
Cooper made a brief appearance in Kane County court Friday and is next due before Judge Timothy Sheldon Feb. 9. Attorneys then might set a date to argue whether Cooper’s statements to police should be allowed in court.
Cooper is charged with aggravated battery to a child, a felony that carries a 6- to 30-year prison sentence. Authorities have charged Cooper with severely beating Molly Koch, who was almost 2 at the time, on Oct. 27, 2010.
Assistant Public Defender Brenda Willett has argued in court filings that statements by Cooper, who was arrested Oct. 29, 2010, were involuntary and the result of “psychological and mental coercion.”
Willett argues that Cooper has a sixth-grade education, never got his GED, and therefore didn’t understand his rights. Cooper also was experiencing heroin withdrawal when he was being questioned by at least four St. Charles police officers, Willett argued in court filings.
“Other than asking the defendant if he understood his rights, the officers asked no further questions to determine his comprehension of his rights,” read the court motion.
Koch, who police say did not inflict physical harm upon her daughter, is charged with aggravated battery to a child and obstructing justice. Authorities contend she covered for Cooper and is responsible for him beating Molly, now 3 and in the care of the Illinois Department of Children and Family Services.
In initial police interviews, Koch told police that Molly fell down and suffered injuries, but then changed her story numerous times before finally saying weeks later that Cooper beat Molly at the Super 8 Motel, 1520 E. Main St., where the trio was living.
Koch is scheduled for a jury trial March 5. She faces up to 30 years in prison if convicted.