Mar 28, 2008 11:56 pm US/Central
Conviction Reversed For Coach Accused Of Abuse
Michael Cardamone Could Be Out Of Prison Within A Few Weeks
AURORA, Ill. (CBS) ―
An appellate court has reversed the conviction of former gymnastics coach Michael Cardamone and ordered a new trial, his attorney said Friday.
Cardamone was sentenced to 20 years in prison in 2005 for fondling seven girls, ages 7 to 12, at his mother's Aurora gymnasium, the American Institute of Gymnastics. He was convicted of nine counts of aggravated criminal sexual abuse.
Cardamone's attorney Kathleen Zellner said the conviction was reversed by the Appellate Court for the Second District of Illinois on Friday morning.
Prosecutors accused Cardamone of inappropriately touching the girls during stretching exercises and in a private room at the institute, where he coached for nine years.
"He was extremely happy, but like most of the innocent people I've represented, I think he believed that this would happen," Zellner said.
He has long maintained his innocence, and Friday with the announcement of the appellate court's decision, his family and friends believe his name will soon be cleared.
For his wife, who was joined by her two boys, that felt like vindication
"Every day my 3- and 4-year-old boys ask when daddy can come home," Elizabeth Cardamone said. "Today I embraced them and said 'Daddy will be home soon.'"
Cardamone's mother said the ruling is an answer to her prayers.
"I talked to him today, and he has thanked God," Linda Lynch said. "If I could get on my knees and thank God before all of you here, I would do that."
"I have always known the truth will eventually come out," Lynch added as she fought back tears.
While Cardamone's family was celebrating the decision, DuPage County State's Attorney Joe Birkett lamented it, calling it profoundly disappointing.
When Cardamone was sentenced in late 2005 Birkett called the punishment appropriate for a then-29-year-old-man who he described as a despicable monster.
Birkett said he is disappointed with the court's decision and will appeal to the Illinois Supreme Court.
"Judge Michael Burke, the trial judge in this case, gave both sides a very fair trial," Birkett said in a statement. "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."
But, Zellner said, "The court said that evidence that never should've come into the trial came into the trial; experts that should've been allowed to testify were not allowed to testify for Michael. Jury instructions were incorrect."
Birkett says his office will seek a reversal of the appellate court's decision, but CBS 2 legal analyst Irv Miller says that doesn't necessarily mean there will be a new trial.
"Typically what happens when a case is reversed, all of a sudden there's plea discussions and I wouldn't be surprised if there was some kind of plea agreement worked out so there would not be a second trial," Miller said. "It's to nobody's advantage to try this case a second time."
According to Zellner Cardamone could be out of prison within a few weeks if the State's Attorney does not appeal the case to the Illinois Supreme Court.
If the case is appealed, it could take the court months to decide if and when it will hear it.
In the meantime, Cardamone could be released on bond.
CBS 2 West Suburban Bureau Chief Mike Puccinelli and Mai Martinez contributed to this report.
(CBS 2, the Naperville Sun and the Aurora Beacon-News are news partners covering stories in the western suburbs. Send story tips to tips@cbs2chicago.com. (© MMIX, CBS Broadcasting, Inc. All Rights Reserved.)
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