An appellate court says no to dismissing a five-year old involuntary manslaughter case from LaSalle County. Third District Appellate Court judges say 48-year old Mason T. Shannon can’t claim double jeopardy, because he asked for the retrial he later asked to avoid. The judges say the prosecutor misconduct Shannon alleges isn’t a factor, because he hasn’t shown that former State’s Attorney Karen Donnelly intended to goad him into asking for a mistrial declaration.
Shannon is accused of choking an Ottawa man to death during a fight at a plant nursery northeast of Ottawa in 2017. Prosecutors say he went too far to claim self-defense. Shannon’s lawyers raised several issues about how the case was handled, including a deal cut with a witness who was involved in the incident and a prosecutor beginning questioning and taking notes before a police investigator arrived. The defense says the prosecution handled the case so poorly it’s impossible for Shannon to have a fair trial.
Upholding the lower court rulings means the case can return to the circuit court for evidence hearings, plea negotiations, or trial. Shannon’s lawyers could also ask the Illinois Supreme Court to hear the issues.