Aurora Assault Suspect Says Rights Were Violated

ST. CHARLES, Ill. (STMW) -- Almost two months after Eric Stallworth allegedly assaulted a woman inside a west suburban Aurora home, he sat in a police car wanting to know why he had been arrested.

Stallworth, 22, claims police offered no explanation, but questioned him even after Stallworth said he wanted to talk to his attorney, according to a recently filed motion seeking to throw out evidence against Stallworth. A grand jury indicted Stallworth last year on multiple counts of criminal sexual assault in connection to the August 2012 incident involving a woman from Joliet. Stallworth and a second man, Corderro Pollard, are accused of having sex with the woman while she was too drunk to consent after a night of drinking.

Stallworth's attorney, Kathleen Colton, wants to have statements and other unspecified evidence quashed because it was gathered after Stallworth's request for a lawyer.

"That although (Stallworth) had requested an attorney multiple times and had requested a telephone call to his attorney numerous times, the officers continued to question him, eventually obtaining both an oral and videotaped statement from him," the motion states.

Colton also contends Stallworth's arrest, which came in October as he headed to class at Aurora University, was "warrantless" and led police to obtain "alleged incriminating evidence" that will be used against Stallworth, a second motion states.

Prosecutors said they will respond to the motions in court. A July 2 hearing has been scheduled for those motions to be heard. Pollard is due back in court in June. A third man, Shammrie Brown, originally faced a sex assault charge on allegations he failed to intervene on the woman's behalf, but prosecutors dismissed the count in late 2012. Instead, Brown is now charged with misdemeanor battery, and he's listed as a witness for prosecutors, court documents show.