ST. CHARLES – A restaurant owner who was convicted of misdemeanor battery last month for squeezing a waitress’s breast against her will filed court papers seeking a new trial or judgment reversal.
Kane County Judge Katherine Moran was scheduled to sentence Dimitrios V. Lolis, 54, of St. Charles, after she convicted him in a bench trial. Lolis is the owner of The Copper Fox Cafe at 305 W. Main St., St. Charles.
The charge stems from an Aug. 20, 2011, complaint filed by Katy Green, 24, of Geneva, then a waitress at the Copper Fox.
The case was continued until Nov. 29 because of a post-trial filing by Lolis’ attorney, Glenn Sowa.
The court papers assert the judge erred when she denied an earlier request to dismiss the complaint because the charging document fails to include the phrase “without legal justification,” making “all contact between two persons a battery.”
In court papers, Sowa also argued the evidence did not support finding Lolis guilty.
Sowa’s filing also challenges Green’s assertion that as a single parent responsible for a child, she continued working for the Copper Fox until she quit Sept. 1, 2011. In the court filing, Sowa argued Green was married and did not have custody.
Sowa also claimed the court did not adequately inform Lolis of his right to a jury trial.
“Regardless of what I tell him, the judge has to admonish him in the waiver of a jury trial to make sure it was free and voluntarily made,” Sowa said. “She never did that. She never asked him if it was his signature.”
Sowa said if his client gets a new trial, he likely would request a jury trial.
A secondary issue is an order of protection granted Thursday by Judge John Walters, barring Green from contact with any member of the Lolis family and bars her from the restaurant, the Lolis’ home or their children’s schools.
According to the petition, Lolis sought the order of protection after Green came into his restaurant Oct. 27. Sowa said he filed a subpoena seeking police records related to the incident.
Green did not return a voice mail message seeking comment.