ST. CHARLES, Ill. (STMW) – A Kane County judge Friday lowered the bail for a St. Charles man accused of raping his infant son’s babysitter, rejecting prosecutors’ request that he first listen to a tape of the woman’s frantic call to 911.
Judge Allen Anderson reduced Michael L. Listy’s bail from $500,000 to $200,000, meaning the 31-year-old St. Charles man would have to post $20,000 bond to be released from jail. If he does post bond, Listy, who is charged with aggravated criminal sexual assault, would be placed on electronic monitoring, Anderson ordered.
Prosecutors had wanted Anderson to listen to the 14-minute call for help placed by the 24-year-old woman early Nov. 16, but the judge said prosecutors’ account of the crime was enough for him.
St. Charles police said dispatchers received a cell phone call reporting a rape about 3:20 a.m. Nov. 16. They were able to trace the call back to Listy’s house, and the dispatchers could hear through the phone as Listy assaulted the woman, authorities said.
Prosecutor Kelly Orland had asked Anderson to keep Listy’s bail at $500,000, arguing he had failed to appear court in previous robbery and drug paraphernalia cases and his supervision had been revoked in a drunken driving case.
Listy’s attorney, Liz Lovig, had asked that his bail be lowered to $100,000, saying that on the night of the incident, Listy and the woman were both consuming alcohol and marijuana and were playing a drinking game. Lovig said Listy and the woman had some sort of prior sexual contact.
The dispatcher who handled the 911 call at one point commented that the activity heard over the phone line sounded consensual, Lovig said.
Listy and the child’s mother are not married and live separately, Lovig said.
He has been in jail since his arrest, and his next court appearance is scheduled for April 15.