Whiteside County sex assault, abuse trial delayed as prosecution claims possible new evidence

MORRISON — The trial of a former Rock Falls man facing up to 60 years in prison on sex assault and sex abuse charges will be delayed a month after prosecutors requested more time to review a report of new evidence in the case.

Timothy Cunningham, 40, formerly of Rock Falls but now of West Brooklyn in Lee County, is charged with predatory criminal sexual assault of a victim younger than 13 and aggravated criminal sexual abuse. Whiteside County Associate Court Judge Tionn Fambro Carter granted the prosecution’s motion Thursday to move the trial start date from Tuesday, June 17, to July 22.

Cunningham’s attorney, Whiteside County Public Defender James Fagerman, objected to Assistant State’s Attorney Lauren Homan’s request for a continuance, the first that prosecutors have requested in the case.

Fagerman said prosecutors had acknowledged at a May court hearing that they were ready for trial; Homan said she needs the extra time to gain clarity about the new information.

Cunningham is accused of sexually assaulting and sexually abusing a 10-year-old girl between Jan. 25, 2021, and March 2, 2021. Charges were filed Oct. 24, 2024; he has remained held in the Whiteside County Jail since Nov. 25, 2024.

Fagerman also argued Thursday for Cunningham to be released on pretrial conditions, basing the request on the trial delay depriving Cunningham of his liberty. He said Cunningham could be placed on house arrest or be ordered to wear an electronic monitoring device.

Fagerman said Cunningham has maintained his innocence and that there is no physical evidence linking him to the alleged offenses.

But Homan argued that the release request be denied based on Cunningham’s history of alcohol abuse, a 2019 DUI conviction in which a 16-year-old was in the vehicle with him, and a 2015 battery conviction.

Carter denied the pretrial release request. Cunningham’s next hearing is a pretrial motion hearing at 9 a.m. June 25, with the jury trial to start July 22.

If convicted of predatory criminal sexual assault, a Class X felony, Cunningham faces anywhere from 6 to 60 years in prison.