Judge: Former doctor’s effort to dismiss sexual assault charges will move forward
A McLean County judge has agreed to hear a motion filed by a former Bloomington doctor who accuses a Bloomington police detective of lying to a grand jury about the physician’s response to questions related to an alleged sexual assault.
Shaun Kink, 39, faces criminal sexual assault charges. He contends the sexual acts were consensual and occurred in December 2019 during a visit to the alleged victim's home to discuss paperwork she needed for a disability claim.
In his recent motion, Kink alleged a Bloomington police detective violated his civil rights by giving false testimony about Kink to a McLean County grand jury. According to Kink, the detective misrepresented a conversation he had with the officer during a Jan. 1, 2020, interview about the woman’s accusations.
In his grand jury testimony, detective Jeff Engle said Kink denied having contact with the alleged victim outside a medical setting. Kink, an orthopedic surgeon at the time, maintains he did not respond to the question during the interview that concluded after he requested a lawyer.
Prosecutor Mary Koll argued the defense was barred from making its claim because the motion comes more than two years after the February 2020 indictment.
Defense lawyer Peter Wise disagreed, arguing the defense did not waive its right to contest the use of alleged false information by police to secure an indictment.
Before issuing his ruling to allow the defense to move forward with its motion, Judge Casey Costigan asked Koll when the defense could raise the due process issues, noting he has seen post-conviction cases where allegations of false testimony were still considered timely.
Koll responded that a trial is the proper place to raise those questions.
Costigan made clear that he was not ruling on the issue of the alleged false testimony. “Those issues are for another time,” he said.
An Aug. 26 hearing is scheduled to hear Kink’s motion and any other pending motions before a trial date is set.
Kink’s medical privileges have been revoked at both Twin City hospitals and the state has revoked his medical license.