STATEMENT FROM STATE’S ATTORNEY JOE BIRKETT REGARDING THE APPELLATE COURT’S DECISION TO REVERSE THE CONVICTION OF MICHAEL CARDAMONE                                                            

WHEATON– DuPage County State’s Attorney Joseph Birkett announced today that the Second District Appellate Court has reversed the conviction of former gymnastics coach Michael Cardamone.  Cardamone was convicted of nine counts of Aggravated Criminal Sexual abuse against seven girls and sentenced to 20 years in the Illinois Department of Corrections.

             The Appellate Court found that the Trial Court erred in allowing too much evidence of uncharged sexual conduct against the girls and may have erred in refusing to allow testimony of expert witnesses regarding the reliability of child victim testimony.  Additionally, the Court found that the Trial Court should have given the jury an additional instruction regarding the need for a “unanimous” verdict regarding the charged acts.

             State’s Attorney Birkett expressed profound disappointment with Appellate Court’s decision.  His office will seek a reversal of the Appellate Court’s decision. 

             “Judge Michael Burke, the trial judge in this case, gave both sides a very fair trial,” remarked Birkett.  “His rulings were all well reasoned and legally sound.  I am hopeful that the Illinois Supreme Court will take this case and re-instate these convictions so that these children will not have to be put through another trial.  In its ruling, the Appellate Court was clearly troubled by the ‘magnitude of other-crimes evidence that is present here’ but then goes on to say it is not sure ‘precisely where to draw the line.’  The fact is that the magnitude of the defendant’s sexual molestation against these children is troubling, but it is not a valid reason to reverse these convictions.”

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