Mom faces two to 10 in death of 10-month-old son

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By Dustin Lemmon | Tuesday, March 4, 2008 4:57 PM CST | () comments

UPDATED: The Illinois Appellate Court has reversed the decision of a local judge and will now bring Cassandra Bacon back for sentencing in the death of her 10-month-old son.

Bacon, 38, of Milan, Ill., was convicted in just 30 minutes by a Rock Island County jury at her trial in January 2007. She was found guilty of leaving her son, George Bernauer III, in her vehicle with his two siblings, ages 5 and 3, while she went inside the Rock Island Kmart to shop on Feb. 9, 2006.

While she was gone, one of the children allegedly caused a fire inside the vehicle. The two siblings were rescued, but Bernauer died in the fire.

Two months after the conviction, Judge Walter Braud agreed with a defense motion that argued the prosecution did not spell out exactly what Bacon did wrong in the original charge. The motion was filed just before the trial began. The conviction was thrown out and Bacon set free while Assistant Rock Island County State’s Attorney Margaret Osborn appealed Bacon’s ruling.

Osborn said the appellate court issued its decision Friday. She hopes to set a sentencing date soon. Bacon faces two to 10 years in prison, and Osborn plans to ask for the maximum.

“I’m very pleased that the court agreed with me and I can get back to sentencing,” she said.

Bacon’s attorney, Steve Hanna of Moline, plans to ask the court for a delay so he can appeal the ruling to the Illinois Supreme Court. Hanna still argues that Illinois child endangerment statutes are too vague and allow prosecutors to charge people without detailing their crime.

In Bacon’s case, he argued it was not enough to say she committed a crime by leaving the children alone in the vehicle. He thinks the charges should be more specific and claims people face risks every day that could be punishable under such statutes.

“We worked hard to get the trial judge to buy our decision,” Hanna said. “These endangerment statutes are very vague.”

Hanna said the state took eight of Bacon’s children from her after she was charged but has since returned them. She has nine children, not counting the son she lost.

“She’s done everything the agencies have asked of her,” he said. “She’s done a really good job.”

Hanna thinks the loss of her son is punishment enough for his client.

“She feels terrible having lost a child,” he said. “I don’t know what punishment could be worse.”

Bacon made a similar statement after the judge’s ruling to throw out her conviction.

“I’m still going to suffer the rest of my life,” she said at the time. “My son is gone. I have to hug a picture tonight. I am held accountable whether the judge says I’m guilty or not guilty.”

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com. Comment on this story at qctimes.com.

EARLIER STORY: The Illinois Appellate Court has reversed the decision of a local judge and will now bring Cassandra Bacon back for sentencing in the death of her 10-month-old son.

Bacon, 38, of Milan, Ill., was convicted in just 30 minutes by a Rock Island County jury at her trial in January 2007. She was found guilty of leaving her son, George Bernauer III, in her vehicle with his two siblings, ages 5 and 3, while she went inside the Rock Island Kmart to shop on Feb. 9, 2006.

While she was gone, one of the children allegedly caused a fire inside the vehicle. The two siblings were rescued, but Bernauer died in the fire.

Two months after the conviction, Judge Walter Braud agreed with a defense motion that argued the prosecution did not spell out what Bacon did wrong in the original charge. The motion was filed just before the trial began. The conviction was thrown out and Bacon set free while Assistant Rock Island County State’s Attorney Margaret Osborn appealed the conviction.

Osborn said the appellate court issued its ruling Friday. She hopes to set a sentencing date soon. Bacon faces two to 10 years in prison, and Osborn plans to ask for the maximum.

“I’m very pleased that the court agreed with me and I can get back to sentencing,” she said.

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com. Comment on this story at qctimes.com.