Thursday, October 23, 2008 3:41 PM CDT
Eastern associate AD tells court: I handled the situation wrong
By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com
CHARLESTON — Mark Bonnstetter told a police officer he went into a neighbor woman’s house to check if she was all right, though he admitted it was “stupid” to go into the home instead of calling police about his concerns.
Confronted with the allegation that the woman claimed she felt someone touching her under her pajama pants shortly before finding Bonnstetter in her bedroom, the Eastern Illinois University associate athletic director responded, “I did not reach anywhere near (her).”
Jurors at Bonnstetter’s trial Wednesday heard a recording of his interview with Charleston police Officer Tony West. Other evidence Wednesday included testimony about Bonnstetter’s sleepwalking, which his attorneys contend was his condition at the time of the Nov. 25, 2006 incident.
Bonnstetter, 40, 20 Woodfield Lane, Charleston, is charged with the felony offenses of trespassing and residential burglary and the misdemeanor offense of attempted criminal sexual abuse. He’s accused of entering the 20-year-old woman’s home, knowing she was there at the time, intending to fondle her.
In the recording, Bonnstetter told West he couldn’t sleep, so he went outside where he saw lights on and the door open at the woman’s house. He entered, turned off some lights then went inside the bedroom where the woman and her boyfriend were sleeping, he said
“I handled it wrong,” said Bonnstetter, who repeatedly used the word “stupid” to describe what he did. “It was something like an instinct.”
Once he was discovered in the bedroom, he continued, he didn’t know what else to do but kneel to the floor and apologize. He said he “thought I was guilty for some stupid reason when I hadn’t done anything wrong.” When West told him the woman said she felt someone touching her, Bonnstetter said that “couldn’t be further from the truth.”
Also Wednesday, Circuit Judge Teresa Righter denied defense attorney Raipher Pellegrino’s motion for a mistrial, which he based on claims that the woman and her boyfriend discussed how he was going to testify. The man testified Wednesday that he and the woman talked in general terms about her testimony after it took place Tuesday.
Righter agreed with Assistant State’s Attorney Mick McAvoy’s position that the brief conversation didn’t go to the substance of the testimony. The judge did say she’ll tell the jurors before they deliberate that it isn’t proper for witnesses to discuss their testimony with one another.
The prosecution rested its case Wednesday but will have a chance to present a rebuttal after the defense’s evidence, which is expected to include testimony from a medical expert on sleepwalking. Pellegrino indicated Tuesday that the defense will focus on the contention that Bonnstetter was sleepwalking and couldn’t have had the legal intent to commit any of the crimes.
Among the defense witnesses who testified Wednesday was Earl Brammer, Bonnstetter’s father-in-law, who said he saw Bonnstetter sleepwalking three different times, including during a visit to his son-in-law’s home when Bonnstetter removed photographs from a wall. The morning after each time, Bonnstetter remembered nothing about what happened the night before, he said.
McAvoy’s cross examination centered on how Bonnstetter acted at the time, “like he didn’t know I was there,” as Brammer said. The prosecution indicated it will try to show the jury that Bonnstetter didn’t display symptoms of sleepwalking when he was in the woman’s house.
Pellegrino also called witnesses Wednesday to talk about what they said was Bonnstetter’s reputation for honesty and integrity.
Retired EIU President Lou Hencken called him “an exceptional human being who did an excellent job at the university.” Heidi Hawkins said her mother lives near Bonnstetter and he has a key to her home so he can care for things while she’s away, and does for some others in their neighborhood.
The trial will continue today and is expected to last until early next week.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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Texas T wrote on Oct 22, 2008 1:56 PM: