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Thursday, June 06, 2013

Ind. Courts - "Special prosecutor sought in Lebo, Gilliland case"

Matt Fritz reports in the LaPorte Herald-Argus:

La PORTE — La Porte County officials are calling for a special prosecutor to handle the case of Ed Gilliland and Marybeth Lebo.

And so is the defense.

On Tuesday, La Porte County Prosecuting Attorney Bob Szilagyi filed the motion in Superior Court 3 to have a different official oversee the case, which has been going on for about two years.

This follows a similar motion by the defense earlier this year.

Lebo and Gilliland, both employees at La Porte Community Schools, are charged for allegedly failing to report suspicions of child abuse or neglect in the case of former volleyball coach Robert Ashcraft, who had sexual relations with an underage player in the district. * * *

Both Lebo and Gilliland had their appeals denied in 2012 by the Indiana Court of Appeals.

According to court documents, Lebo, the former girls varsity volleyball coach, felt uncomfortable with Ashcraft's physical overtures toward a girl during the 2007-08 season, but allegedly instructed her student players not to tell anyone what was going on. Lebo was charged in 2011 with failing to inform police or child protective services.

Lebo claimed the charges did not prove she was aware of the relationship. She also said they were not filed within the two-year statute of limitations.

Gilliland, the district's athletic director, allegedly documented Aschraft's activities of rubbing lotion on the backs of female players and rubbing their feet, describing it as "inappropriate behavior" in the coach's personnel file, then denied knowing of any "alleged misconduct" when asked by police in November of 2008 about Ashcraft.

Gilliland argued that prosecutors were barred from charging him based on a two-year statute of limitations, and that he had not engaged in concealment and that the state had failed to exercise due diligence.

Posted by Marcia Oddi on June 6, 2013 03:41 PM
Posted to Indiana Courts