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Sixth District Court judge Jill Eichenwald set a trial date of May 16 during a settlement conference Wednesday for a Cloquet man accused in the murder of a pregnant woman and her child.
Sheldon James Thompson 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.
At the hearing, Eichenwald noted that settlement was unlikely and that the case was headed for trial. Defense attorney Steve Bergeson had asked the court for a scheduling order, which would include deadlines for exchanges of information and evidence.
“A trial of this magnitude shouldn’t be a game of hide and seek” he said, referring to the amount of evidence he expects to see from the prosecution. “We already have 4,000 pages of discovery so far.”
Prosecutor Erin Eldridge from the Minnesota attorney general’s office is leading the prosecution along with Carlton County attorney Laurie Ketola and assistant county attorney Jeff Boucher. Eldridge told the judge that she wants any scheduling order to include a deadline for the accused to present any additional defenses, such as self defense or other defenses, in addition to his plea of not guilty. Judge Eichenwald agreed and ordered that final witness lists be filed at least seven days before the trial. She also set a pretrial hearing for April 26, which she indicated could be lengthy. A pretrial is often used to discuss management and admissibility of the evidence and witnesses for the trial. The trial is scheduled for May 16 through June 3.
Prior to Wednesday’s hearing, Judge Eichenwald denied a motion by Bergeson to suppress statements made by Thompson at the time of his arrest, ruling that Thompson was not subject to a custodial interrogation at the time he stated, “I messed up. I am going away for a long time,” in the presence of a police officer.
“There is no evidence Officer [Nils] Hansen initiated any conversation with Defendant, asked Defendant any questions or otherwise directed any comments to Defendant other than to advise him to focus on medical attention,” Eichenwald wrote in her order, filed Friday, Oct. 22, finding that Thompson’s statements were voluntary, with no coercive action on the part of the officer, and that a Miranda warning wasn’t necessary.
Thompson faces mandatory life imprisonment without parole if convicted of the first-degree offenses. The Court also set another settlement conference for Feb. 7.
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 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 helicopter and a dog, he was located in a wooded area off
Mission Road.