Court prepares for May murder trial

Attorneys and Sixth District judge Jill Eichenwald hammered out the rules of engagement for the murder trial of Sheldon Thompson, on the Carlton County Court calendar from mid-May through June 3.

More than two years have passed since Thompson was arrested in March 2020 on suspicion of murdering his pregnant girlfriend and her toddler son.

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.

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. 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. Police attempts to locate Thompson, who had lived at the home intermittently, were initially unsuccessful. He was eventually located in a wooded area off Mission Road in Perch Lake Township and taken into custody March 8, 2020.

Thompson has been in the Carlton County jail since his arrest, with his case delayed by everything from grand jury proceedings that resulted in the first-degree murder charges to the pandemic, which slowed proceedings while the system adapted to more virtual hearings. Tuesday’s in-person hearing lasted close to three hours, as attorneys for the prosecution and defense discussed dozens of motions made by both sides to set parameters for the trial next month.

Judge Eichenwald, who normally works in St. Louis County, concurred with defense attorney Steve Bergeson that the recommended process for jury selection in a first-degree murder trial — of having the defense file any preemptive strikes to potential jurors after it questioned them but before the prosecution — could be harmful to the defense.

“Jurors do sometimes [offer different answers] given different questions or time to reflect,” she said.

She agreed with the prosecution that having both sides question each juror will slow things down. “I would never choose expediency over fairness in any respect,” Eichenwald said, adding later that she was going to review the case law before making a final decision.

A motion by the defense to limit the number and type of photos given the jury met with resistance.

“My concern is the number of photographs and what they would portray,” Bergeson said, adding that he hoped the prosecution would keep to a relevant number and “non-gruesome” type photo.

Assistant Minnesota attorney general Erin Eldridge said they will offer only 12 autopsy photos each of Defoe and her son. “Unfortunately, this is the type of case where there will be some disturbing photos,” she said.

As for a request that the photos be toned in black and white, Eldridge said she would consider that altering evidence.

Eichenwald ruled against the motion.

“We’re fortunate to be in a time with color and high-quality photos,” the judge said. “I think we would have very frustrated jurors if the photos were in black and white,” adding that color photos offer a better representation of whatever evidence is being presented.

Eldridge pointed out that the defense has yet to submit a witness list or any notifications of defense such as self defense, or another perpetrator. “Our position is that the defense should be prohibited from raising a defense or calling witnesses,” she said.

Defense attorney Jesse Dong said the defense is adopting the prosecution witness list. He also said they are still investigating but that they don’t intend to point a finger “at a certain person” as a defense.

Eichenwald deferred a number of motions until closer to the trial, when things such as the order of witnesses would be known. She mostly refused to forbid certain words or lines of questioning as requested, but noted in some cases that attorneys should consult with her prior to introducing those.

Eichenwald said she expects to rule on a previous motion — on the state’s motion to offer testimony regarding relationship evidence and past practice of domestic violence — by the end of the week.