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http://nwitimes.com/news/breaking/article_...1cc4c03286.html

Former LaPorte coach turns himself over to authorities
By Christine Kraly and Marisa Kwiatkowski Times Staff Writers | Posted: Friday, December 18, 2009 12:05 am | (7) Comments

LAPORTE | A former LaPorte High School assistant girls volleyball coach was charged Thursday with multiple felonies for an alleged sexual relationship with a minor, an Indiana State Police spokeswoman confirmed.

And a Times investigation shows the charges could be a second black mark for LaPorte High School's volleyball team in the last two years.

Robert Ashcraft, 45, faces two felony counts of sexual misconduct with a minor and one felony count of child seduction, state police Sgt. Ann Wojas said.

The LaPorte resident turned himself in about 6:30 p.m. Thursday at LaPorte County Jail, Wojas said.

Wojas was unable to provide details of Ashcraft's charges Thursday, including when the alleged incidents occurred and whether they took place at LaPorte High School, where Ashcraft had been an assistant junior varsity coach. Wojas did report that the victim was younger than 16 years old at the time of the alleged incidents and that Ashcraft was not involved at the school other than in his coaching role.

LaPorte Community School Corp. officials announced Ashcraft's resignation at a district meeting Nov. 11, 2008.

Jim Dermody, the school corporation's assistant superintendent, said Thursday evening that he was unaware of Ashcraft's charges and felt it would be inappropriate to comment.

Other school and athletics officials contacted by The Times did not return phone calls seeking comment.

In an unrelated case in March, the U.S. Department of Education found that the LaPorte school corporation unlawfully retaliated against a student trainer who reported seeing what he believed was a professional trainer fondling a female volleyball player in 2007.

The federal agency's Office for Civil Rights found the corporation violated Title IX when it stripped then-senior Dan Vermette of his student trainer duties after he reported the 2007 incident.

Vermette -- who is now a computer specialist in the U.S. Marine Corps -- reported the alleged groping to both the school corporation and an outside employer that helped fund the professional trainer's salary, according to the Office for Civil Rights decision.

A school official told Vermette that reporting the incident to that outside employer was "incredibly inappropriate," federal records state.

[Southsider2k12]

http://thenewsdispatch.com/articles/2012/0...60535275697.txt

Judge considers dismissal of Lebo, Gilliland charges

By Matt Fritz
Staff writer
Published: Tuesday, January 24, 2012 5:06 PM CST
LA PORTE — The defense for Mary Beth Lebo is alleging the victim of Robert Ashcraft was 16 years of age when inappropriate contact between the two became evident to the defendant.

This was laid out before La Porte County Superior Court 3 Judge Jennifer Koethe Monday morning during a dismissal hearing for defendants Lebo and Ed Gilliland, both sports officials at La Porte High School.

The two are charged for allegedly failing to report child abuse or neglect in the case of former volleyball coach Robert Ashcraft, who had sexual relations with an underage volleyball player in the district.

At the hearing, La Porte County Deputy Prosecuting Attorney Chris Fronk told the judge that Lebo's charge stems from her alleged action in telling players not to discuss rumors circulating about Ashcraft and one of his players.

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He said this not only covered up the fact that Lebo knew about the rumors and didn't report them, but that Ashcraft was committing the crimes in the first place.

Fronk said this concealment allowed the prosecution to wait almost three years before filing charges against her, when the statute of limitations usually expires after two years. Gilliland's delay was because he allegedly lied to police during an interview with police in 2008. The nature of this lie was not revealed in court and even the defense attorney said he was unfamiliar with what it was.

Defense attorney Craig Braje went on to say that the statute violation in question only required reporting if the victim was under the age of 16. He asserted that Lebo only became aware of rumors of the relationship when the victim was 16, and nowhere in the prosecution's charge does it allege otherwise.

He also said that allegations his client knew about an inappropriate relationship because she allegedly witnessed Ashcraft rubbing lotion on the victim's back, giving her foot rubs, texting her, hanging out with her and leaning up against her legs didn't constitute knowledge of a sexual relationship. He said all these actions, while inappropriate, were legal unless they involved sexual gratification by one of the parties.

Braje even went as far as to say that his client could have gotten a misdemeanor charge for filing a false report if she reported this to authorities.

But Fronk pointed out that the law protects people who report incidents in good faith, and said this circumstantial evidence of an inappropriate relationship was enough to make such a report. And she was required to do so by law as a school official.

And he said Gilliland's alleged lie was obviously related to knowledge of Ashcraft's actions.

Talking in reference to the prosecution's delay in action, Braje said this misdemeanor charge may not seem like much to prosecutors, but his clients are being kept from work because of it, and have been viewed negatively by the community.

After listening to the arguments, Koethe said she would take the matter under advisement and get back with the respective parties later about what she decides.

[Commuter]

http://www.heraldargus.com/articles/2012/0...38164698074.txt

LA PORTE — A judge has ruled that criminal charges may proceed against two La Porte school staff members who are accused of failing to report a relationship between a former La Porte volleyball coach and player.

Former La Porte High School junior varsity assistant volleyball coach, Robert Ashcraft, is presently serving a 21-year prison sentence on convictions of felony sexual misconduct.

Ashcraft and the girl met when she was 14 and in 2007 when she was 15 began having sex in a relationship that lasted for over a year.

La Porte Superior Court 3 Judge Jennifer Koethe on Tuesday denied motions to dismiss filed by La Porte school staff members Ed Gilliland and Mary Beth Lebo.

Gilliland and Lebo are each charged with two counts of Class B misdemeanor failure of duty to report and remain free on bond awaiting the outcome of the case.

Each count carries a potential maximum six month jail sentence.

In their Oct. 29 motions to dismiss, arguments by the attorneys for Gilliland and Lebo included the two year statute of limitations to press charges in the case had expired and prosecutors did not exercise due diligence to bring forth charges within the required two-year time frame.

The defendants are accused of having reason to believe abuse or neglect against the female player was occurring and not reporting it to law enforcement or child protective services between August of 2007 and October of 2008.

Prosecutors, though, didn’t file charges until Sept. 6 of last year, exceeding the statute of limitations by nearly one year, the defense maintained.

In response, prosecutors argued they had no evidence or knowledge a potential criminal offense had occurred then because Gilliland and Lebo during that time concealed what turned out to be a serious relationship between the coach and player.

Prosecutors alleged that Gilliland lied to officers looking into the relationship between Ashcraft and the girl and that Lebo did not come forward due to fears of losing her job.

Specifically, prosecutors pointed to testimony from state police detective Mike Robinson, who said parents had reported to Gilliland questionable activities between Ashcraft and the girl, before law enforcement was notified.

Those activities reported to Gilliland included “foot rubs” and “lotion being rubbed on backs” and hanging out together before school.

“All of these instances were documented by Gilliland as inappropriate behavior in his own words,” Robinson said in his written findings presented in court.

Prosecutors also pointed out that in Ashcraft’s personnel file, Lebo revealed witnessing instances that included Ashcraft at a volleyball tournament leaning between the legs of the girl and on a bus ride putting his arm around the girl and sharing food.

Again, prosecutors referred to Robinson’s testimony about Lebo that “she was in fear of losing her job because of the Bob Ashcraft situation.”

In denying the motions to dismiss, Judge Koethe ruled the allegations of concealment by Lebo and Gilliland and prosecutors failing to act in due diligence are questions that must be proven at trial.

Koethe also ruled that whether Gilliland and Lebo had sufficient enough reason to report the girl was being abused or neglected is something that “a jury would be required to decide.”