A Grand Marais woman is now facing a more serious criminal charge than her husband, who allegedly used a wrecking bar, knife and handgun to force another man to have sex with her.
Kevin Robert Thompson, 52, and Susan Ann Thompson, 40, each were charged in July with several crimes against a 41-year-old Cook County man with whom Susan Thompson had been having an affair. Judge Kenneth Sandvik denied motions Tuesday to dismiss the cases and ruled that sufficient evidence has been produced to present them to a jury.
However, the court dismissed two of six charges against Kevin Thompson, including the most serious -- second-degree criminal sexual conduct.
Susan Thompson remains charged with second-degree criminal sexual conduct, as well as kidnapping and false imprisonment. The former is punishable by a presumed prison sentence of 7½ years.
Kevin Thompson is charged with kidnapping, second-degree assault, terroristic threats and false imprisonment.
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Sandvik based his order on police reports, evidence presented at a Nov. 3 hearing and briefs filed by defense attorneys Richard Holmstrom, who represents Kevin Thompson, and Christopher Stocke, who represents Susan Thompson. Cook County Attorney Timothy Scannell is prosecuting the cases.
According to Sandvik's findings of fact:
Susan Thompson was a part-time substitute teacher and developed a friendly relationship with the alleged victim. It turned romantic. The two exchanged sexually themed e-mails. In May, the alleged victim and his girlfriend dined with the Thompsons, during which he claimed Susan grabbed his genitals and Kevin allegedly turned on a pornographic TV program. The next day, the alleged victim said he received a suggestive e-mail from Susan Thompson. He went to the Thompson house and Susan Thompson allegedly performed a sex act on him.
Over the next several days, Susan Thompson repeatedly invited the man to her home. On May 15, he was there with Susan and began to undress at her request, he said. Kevin came home, displaying a gun in his belt and holding a wrecking bar and hammer.
Susan then accused the alleged victim of threatening her and the couple's child. Kevin duct-taped his mouth and restrained him with tape and cable ties.
The man said he was not allowed to leave until 5:45 the next morning. He said he was assaulted and terrorized with the crowbar, a knife and a handgun. He said Kevin threatened to disembowel him and cut off his sex organ.
Kevin is accused of ordering his wife to undress and perform various sexual acts on the alleged victim, including intercourse, while he watched. The man then left and returned home, reporting the incident to Cook County sheriff's deputies several hours later. He said he thought it had been videotaped because of the bright lights in the basement and Susan's refusal to dim them.
The alleged victim has declined public comment. The News Tribune doesn't publish the names of sexual assault victims or alleged victims without their permission.
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Holmstrom was pleased to get two of the charges dismissed against Kevin Thompson. "To be guilty of criminal sexual conduct in the second-degree you must engage in sexual contact with another person and there is absolutely no evidence that Kevin Thompson engaged in sexual contact with [the alleged victim], or his wife. Therefore, there is no legal basis for a charge," Holmstrom said. "This case has had many twists and turns and I'm sure that there will be many more twists and turns before it's concluded."
He said Kevin and Susan Thompson continue to live together and "are attempting to work things out."
Stocke said that Susan Thompson is not guilty of any of the crimes she is charged with.
"I'm not happy with the decision, but the judge has made his ruling and that's the ruling," Stocke said. "We'll deal with it and we're looking forward to all the facts coming out at the time of trial."
Scannell didn't return a phone call seeking comment.
