Ex-teacher not guilty of sex abuse

A Kane County judge Tuesday acquitted a former West Aurora High School teacher of fondling a 53-year-old woman in his home in September 2006.

"There's absolutely no evidence of force," Judge Timothy Sheldon said.

After the verdict, Curtis Shaw, a 56-year-old Aurora man, slowly removed his black wire-rimmed glasses but showed little emotion. If convicted of criminal sexual abuse, he faced up to three years in prison.

Shaw, who has since retired from District 129, declined to comment afterward.

During the two-day bench trial, Shaw sought to portray himself as a Good Samaritan who offered to help a stranded woman get to the Aurora train station.

Shaw was being "set up" by the Hillside woman -- who was convicted in 1999 and 2000 of writing bogus checks and attempted obstruction of justice, respectively -- because he refused to let her sleep off the affects of a night of heavy drinking, defense attorney Charles Petersen argued.

Petersen noted more than 20 inconsistencies and large gaps in the woman's testimony.

"I didn't count how many times she said, 'I can't recall' or 'I don't remember,' " Petersen said. "It was countless."

Prosecutor Elizabeth Lovig argued Shaw lied to police and dismissed Shaw testifying he had a "contract" to drive the woman to the station.

"What type of contract did he have -- 'If I give you a ride, you'll give me sex?' " Lovig said, adding, "He may be a nice guy, but he wasn't a nice guy that night."

On Sept. 10, 2006, the woman took the train to see her boyfriend at the DuPage County jail. She went out drinking afterward in Winfield, missed her train and started working her way toward another station. Along the way, she got out of a cab with another man and eventually was picked up by Shaw, who said he would take her to the Aurora train station.

But the pair headed back to Shaw's Aurora home and drank. She felt ill, asked to lay down, so the two went to his second-floor bedroom. The woman testified she woke up naked and face down in Shaw's bed. He was naked too, fondling her, the woman testified.

Shaw testified the woman removed her clothes, passed out and the only time he touched her was to wake her up to catch the late train. She eventually went to a neighbor's house and called police.

Sheldon said neither Shaw nor the woman were credible witnesses.

"I don't dislike either of the parties. I don't believe either of their versions," he said.

Sheldon noted the woman testified she was resisting by trying to stay on her stomach, but didn't bridge the gap between that position and when Shaw allegedly fondled her. Sheldon also noted there was no signs of force, such as blood, bruises or scratches on either person.

Sheldon also noted Shaw's 27-year-old son was watching TV in the basement at the time, and testified he did not hear any shouting or fighting.