Coles County: Former ISP trooper convicted of shaking baby will not be retried

MATTOON, Ill. (WAND) — Coles County State’s Attorney Jesse Danley announced that his office will not be retrying a woman convicted of shaking a baby in her care.

Carmen M. Petak, a former Illinois State Police Trooper, was found guilty of aggravated battery for shaking a 6-month-old baby boy who was in her care in January 2020.

Officers said police responded on Jan. 23, 2020 to Sarah Bush Lincoln Medical Center, where a child had possibly been shaken. The child had a brain bleed, but no other signs of trauma suggesting he might have been dropped. Police said he had nausea, was lethargic and had other injuries indicative of being shaken.

A police investigation led to interviews with Petak, along with the child's parents and family members. On Feb. 4, authorities said Petak admitted in a second interview to causing the trauma that led to the child's brain bleed.

She was sentenced to six years in prison on Sept. 22, 2022.

In June 2024, Petak was granted a new trial and had her sentence vacated after appealing her conviction, arguing that her trial counsel was ineffective for waiving her right to an evidentiary hearing on the issue of whether her statements should be suppressed.

In his announcement, Danley explained why his office had chosen not to retry Petak:

"After careful consideration of many factors, I have determined that a retrial is not in the interest of justice. The original trial consisting of seven days of evidence including expert testimony from multiple medical professionals, police professionals, and the recorded confession of Ms. Petak, as well as Ms. Petak’s testimony at trial, provided a full and fair opportunity for the evidence to be presented and evaluated by a jury. We remain confident in the jury’s verdict but must respect the reviewing court’s decision.
"The decision not to pursue a retrial is a difficult one. It reflects my office’s commitment to judiciously allocate resources while ensuring that justice is served. Ms. Petak, if convicted on retrial cannot receive a sentence greater than previously given and all time served on the original conviction would be counted against a conviction on retrial."