The mother of a toddler who was severely beaten in a St. Charles hotel in October 2010 wants the most serious charge against her thrown out of court.
The defense attorney for Cathleen Koch, whose nearly 2-year-old daughter, Molly, was beaten on Oct. 29, 2010, by Koch's then boyfriend, James Cooper, wants a judge to throw out a felony charge of aggravated battery of a child. The charge carries a prison term of six to 30 years with no possibility of probation if convicted.
Koch, 30, who is free on bond and recently moved to Elgin, also is charged with endangering the life of a child and obstructing justice. Prosecutors say she refused to give police Cooper's last name and information about his vehicle, and also initially told police her daughter simply fell down and got hurt.
Prosecutors argue that Koch was responsible for the safety of her child. Koch's attorney, Liz Lovig, argues in court papers that her client had no knowledge that Cooper beat the toddler in the past and that the grand jury indictment should be thrown out.
"There is no evidence which indicates that the defendant, Cathleen Koch, promoted, facilitated, solicited, aided, abided or agreed to the actions of James Cooper on October 27, 2010, to (the victim) and no evidence was presented to the grand jury," read Lovig's motion.
Cooper, 29, of Elburn, pleaded guilty to the attack and was sentenced to 15 years in prison.
Lovig argues it was Koch who called police right after the attack by Cooper at the Super 8 Motel, 1520 E. Main St., and that she had been abused by him in the past and feared for her life.
"In fact, the grand jury was presented with evidence that the defendant was making efforts to get away from the co-defendant in that she was reaching out to her husband for assistance," part of the motion argues.
Molly, who turns 4 in November, is in the custody of the Department of Children and Family Services.
Judge Timothy Sheldon on June 1 will consider Koch's latest attempt to have charges dropped. In a previous appearance, Koch unsuccessfully tried to have her recorded statement to police banned from court.
Koch's trial is tentatively set for July 16.