Homicide trial preparations underway

Nearly two years after a mother, toddler and unborn child were murdered in Cloquet, the trial of her then-boyfriend is slowly comng into focus.

Sheldon James Thompson, 34, is accused of killing Jackie Defoe, her unborn child, and her 20-month-old son in March 2020. Thompson faces two charges of murder in the first degree each for the deaths of Jackie Ann Defoe and her son Kevin Lee Shabaiash Jr., and one charge of murder in the first degree of an unborn child, premeditated. He also faces two charges of murder in the second degree-intent and murder in the second degree of an unborn child-intent, not premeditated.

Attorneys for both sides met in a virtual pretrial hearing Monday with judge Jill Eichenwald, where discussions largely centered around the 46 different exhibits the state intends to submit as evidence of other offenses and domestic violence in the trial, along with how those would be categorized: as past pattern evidence, relationship evidence or Spreigl evidence, or evidence of other crimes or bad acts. The list includes a range of items, including grand jury transcripts and recorded interviews, past arrest records, Facebook posts, police reports and more.

“There are different rules, different standards of proof [for all three],” said defense attorney Steve Bergeson. “For example during trial, if it’s Spreigl or relationship, there’s a cautionary instruction the court has to give the jury. I don’t believe that if it’s past pattern, that there would be any cautionary instruction.”

He suggested the court should examine the evidence to decide “which bucket” it would fall under and each side could argue its case.

Prosecutor Erin Eldridge from the Minnesota attorney general’s office is leading the prosecution along with Carlton County attorney Lauri Ketola and assistant county attorney Jeff Boucher.

Eldridge suggested and the court agreed that both sides would submit post-hearing briefs to the judge on how these should be categorized.

Eichenwald agreed to the briefs and that the exhibits will be sealed as they contain grand jury testimony and other evidence.

According to the criminal complaint, Fond du Lac police officers responded to a call for service on March 7, 2020, from someone who said they had spoken with Thompson the previous day, and said Thompson allegedly told them he had killed Jackie DeFoe and her son. When Fond du Lac officers went to DeFoe’s residence on Locke Lane and knocked on the door, they did not get a response, but noted damage to the door.

After police received a search warrant to enter the home later that day, they found DeFoe dead, with stab wounds, in a closet. She had been 13 weeks pregnant. They found her son’s body in another bedroom, with observable bruising around the head. Both bodies were concealed under blankets and clothing and the doors had been screwed shut. According to the criminal complaint, Thompson allegedly told numerous people that he had killed DeFoe and her child.

Police attempts to locate Thompson, who had lived at the home intermittently, were initially unsuccessful. With the assistance of a Minnesota State Patrol helicopter and a K-9 from the Carlton County Sheriff’s Office, he was located in a wooded area off Mission Road in Perch Lake Township and taken into custody March 8, 2020. He has been in the Carlton County jail since that time, with bail set at $1 million, with no 10-percent cash option.

Eichenwald extended a final discovery deadline for the defense until Feb. 28 and a final deadline for all discoveries until April 11. Proposed juror questions, instructions, exhibit and witness lists shall be filed no later than April 25 and another pretrial hearing held April 26.

The trial itself is expected to begin May 16 and is expected to last three weeks.