Opposing candidates explain court case
October 9, 1988
The two candidates running for DeKalb County state’s attorney have faced each other only once in a court of law defending opposite sides—in a sexual abuse case last summer.
Republican nominee Mike Coghlan, first assistant state’s attorney, opposed Democratic nominee and defense attorney Jerry Shapiro in an aggravated criminal sexual abuse case which involved a child, Coghlan said.
The prosecution won the trial after the defendant, Donald Nicholl, was found guilty and sentenced Aug. 11. to three years of probation.
“I haven’t lost a child offense case, (which) are very difficult to prove,” Coghlan said. “Personally, I have over an 85 percent conviction rate for felony charges.”
Shapiro said that, as a defense attorney, he was doing his job. He said, “The Constitution of the United States gives every person charged with a crime the right to a defense and to counsel; and, that’s what happened here.
“There is absolutely no question, child abusers should be prosecuted to the full extent of the law,” Shapiro said.
Shapiro said transferring from a defense attorney to a prosecuting attorney (as state’s attorney) would pose no problems for him. “I think attorneys are sworn to represent and protect their clients,” he said.
The prosecution proved Nicholl guilty beyond a reasonable doubt, Shapiro said. “In this case, the court did its job,” he said.
The victim’s mother Julie Colloton, Rockford, said that on Wednesday, Shapiro tried to have Nicholl’s sentence lightened.
However, Shapiro said, “I didn’t try to reduce the sentence.” He said he opposed Nicholl’s sentence and “filed a request that the circuit clerk file a notice of appeal to the appellate court.”
The circuit clerk’s records state that Nicholl cannot be in presence of children under 14 years of age without another adult present.
Nicholl must undergo psychological examination and comply with and receive counseling as recommended by a psychiatrist, the records state.
Nicholl also must pay the victim’s psychiatrist fines, the records state. Colloton said her son is receiving psychotherapy in Rockford.
DeKalb county court records state Nicholl committed an act of sexual conduct with a boy who was under the age of 13 when the act was committed, in that the defendant intentionally touched the victim for the purpose of sexual gratification.
Colloton said her son is four years old. She said, “This summer I found out my son had been sexually molested during his visitation weekend with his father.
“He was sexually abused by my ex-husband’s roommate,” Colloton said.
The boy’s parents are divorced and his father, Edward Cyrier, resides in DeKalb, Colloton said. Nicholl was living at Edward Cyrier’s home at the time of the incident, she said.