St. Charles teaching aide acquitted of abuse again

A teaching aide for a St. Charles elementary school was found not guilty of child sex abuse charges Wednesday for the second time.

Kane County Judge Thomas Mueller acquitted 57-year-old Robert Swanson of charges he molested a 9-year-old special needs student at Lincoln Elementary School in the 2006-07 school year. The verdict came 15 months after Swanson was acquitted of similar charges in a separate case involving a girl who slept over at his house.

"For Mr. Swanson, this three-year nightmare is finally over," said defense attorney Todd Cohen, who represented Swanson in both cases. "He feels vindicated."

In the latest case, Swanson was accused of following an autistic student into the boys' bathroom at Lincoln, 211 S. Sixth Ave., and inappropriately touching the 9-year-old as he used the restroom. Prosecutors said the accuser was a special needs student whom Swanson assisted one-on-one.

In delivering a not-guilty verdict, Mueller cited the boy's inconsistent statements regarding how he was touched and whether there was a janitor in the bathroom. There also was no physical or corroborating evidence, Cohen said, and the accusations didn't come to light until Swanson had been charged in the other case.

"The story changed significantly from the first moment to the time (the accuser gave) a video statement," he said.

In January 2009, Swanson was acquitted of molesting a 10-year-old girl who, as a family friend, went to a sleepover at his home in St. Charles about two years earlier. In that case, Judge Timothy Q. Sheldon also cited conflicting statements, saying he could not convict Swanson on a "hunch or a guess."

Swanson, a married father of three, had been a special education aide at Lincoln for five years at the time of his arrest. He was put on paid administrative leave in April 2007.

"Mr. Swanson remains on administrative leave, and we will follow our human resources procedures regarding Mr. Swanson's employment," School District 303 spokesman Jim Blaney said in a statement. "A matter such as this may require further investigation and careful consideration."

Swanson declined to comment Wednesday as he left court flanked by supporters.