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> Another coach with another kid
Southsider2k12
post Aug 5 2011, 07:36 AM
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Hopefully LaPorte County Prosecutor Bob Szilagyi does not stop here. It is really important that any school officials who knew about this and did not report it to the next proper authority gets prosecuted. Knowing that students are safe from predators in a school system is massively important.

http://www.nwitimes.com/article_f71617b6-9...41e4f6486a.html

QUOTE
LAPORTE | A 21-year prison sentence was given Thursday to a man convicted of having a sexual relationship with a female player he coached at LaPorte High School.

Family members of the victim telling stories of heartbreak and suffering asked for the maximum 51 year sentence for Robert Ashcraft, 46.

"I feel prison is not enough for Bob Ashcraft. He will not feel the pain inflicted upon my family no matter how long he is sentenced," said the father of the girl, who was 14 when she first met Ashcraft.

The now 19-year-old woman tearfully told the court she believed Ashcraft's promises they would spent the rest of their lives together, but later realized he manipulated her and hurt her even more by telling a jury she lied about their relationship.

"I trusted a man who promised me everything. I was betrayed and used by a man that I loved," the woman said.

Ashcraft was convicted last month by a LaPorte Circuit Court jury of two counts of Class B felony sexual misconduct with a minor; Class C felony sexual misconduct with a minor and Class D felony child seduction.

LaPorte County Deputy Prosecutor Chris Fronk recommended a 30-year prison sentence while defense attorney Steve Snyder suggested a less than 10-year sentence on work release.

Ashcraft again professed his innocence and told the court he will appeal.

Testimony at trial revealed the girl and Ashcraft met in 2007 when she was playing at the Dunes Operation Center, a volleyball club he owns near Rolling Prairie.

The victim testified physical contact between she and Ashcraft began in his truck parked outside the volleyball club in 2008.

She said they would later arrange to meet near her house and he would drive her to secluded locations to have sex.

Prior to sentencing, the victim said she was blinded by Ashcraft and withdrew from friends and school functions to further their relationship.

She said she also lied to her parents to cover up and continue their union.

"My life completely revolved around Bob. He was my everything. My best friend," she said.

Her father told the court Ashcraft "had a hold" on his daughter who toward the end of their relationship promised she would stay away from the man only to keep seeing him behind his back.

"This man took my daughter and turned her into somebody I didn't know any more," he said.

Fronk said an elevated sentence was deserved because Ashcraft used his position of trust over the girl to prey then control her.

He also cited the testimony of a clinical psychologist who feels the victim could suffer lifelong consequences including difficulty maintaining lasting relationships and low self-esteem.

Afterward, defense attorney Steve Snyder said several pieces of evidence that could have proven Ashcraft's innocence were not allowed to be submitted at trial and will come up for a challenge on appeal.

"There were evidentiary rulings that we very clearly take strong exception to and I think on appeal you're going to see some matters reversed. That's what I believe," Snyder said.

LaPorte County Prosecutor Bob Szilagyi said no decision has been made on whether to charge any school administrators who might have known about the relationship.

Szilagyi said he and his staff are still evaluating all of the evidence and that decision should be made by the end of the month.

Read more: http://www.nwitimes.com/article_f71617b6-9...l#ixzz1UA3ks88b
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Tim
post Aug 5 2011, 05:21 PM
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Wow - 21 years. How old is this pervert? That's a lot of time to think about the consequences of having sex with children.

But hey Bob - good news! All kinds of relationship opportunities await you in prison. Though they may take some..... getting used to.

Hopefully this will serve as a warning to any other adult who even thinks about touching a child.
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Southsider2k12
post Aug 25 2011, 10:12 AM
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http://thenewsdispatch.com/articles/2011/0...cb767546157.txt

QUOTE
La Porte prosecutor continues investigation into Ashcraft case

By Matt Fritz
Staff Writer
Published: Tuesday, August 23, 2011 5:08 PM CDT
LA PORTE — Prosecutors haven't pressed charges yet against any officials at La Porte Community Schools in regards to what they might have known about a sexual relationship between volleyball coach Robert Ashcraft and one of his players.

But they haven't necessarily limited their investigation to just them.

La Porte County Prosecutor Bob Szilagyi said they have been looking at everyone involved in the case, because state code requires that anyone suspecting child abuse must report it.

Indiana Code 31-33-5-3 says that "an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report."

*
"We're looking at everything," Szilagyi said, "but it all boils down to what everybody knew. If people think there's an inappropriate relationship, do they have a reason to believe something is happening? We have to be able to prove that beyond a reasonable doubt in court. Seeing it doesn't do it."

During Ashcraft's trial, several parents and players testified to seeing evidence of an inappropriate relationship, including physical contact and sexually explicit texts between the two.

But that didn't necessarily mean they suspected child abuse or sex, he said.

"They saw what they thought was inappropriate conduct," he said. "They have to have a reason to believe the child is subject to child abuse or neglect and I have to be able to prove that."

Right now his team has been focusing on who knew what and when.

He said their deadline in arriving at a decision will be in three or four weeks.

In related matters, he said he has approved charges against the boyfriend of Ashcraft's victim for assaulting a photographer after the sentencing hearing. He is being charged with a Class B misdemeanor for battery.
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Southsider2k12
post Sep 8 2011, 07:00 AM
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Charges announced against LP Volleyball Coach and AD

http://laportecountyprosecutor.org/LaPorte..._director..html

QUOTE
Charges filed against Volleyball Coach and Athletic Director


LA PORTE, IN -- The LaPorte County Prosecutor’s Office formerly filed two counts of failing to report child abuse or neglect against the LaPorte High School Varsity volleyball coach, Mary Beth Lebo, and the LaPorte High School Athletic Director, Ed Gilliland. The charges are Class B misdemeanors punishable by up to 180 days in jail and fines up to $1000.00. The charges are a result of the Indiana State Police investigation related to the arrest of Robert Ashcraft, the former LaPorte High School Junior Varsity volleyball coach, for sexual misconduct with a minor. The investigation was presented to the Prosecutor’s Office in November of 2010.

A separate charge has also been filed against the LaPorte Community School Corporation pursuant to a criminal statute for Corporate Criminal Culpability for the conduct of agents of the corporation while acting within the scope of their authority for the corporation.

These cases have significant legal issues which required extensive research for the Prosecutor’s staff.

Summonses have been issued for the defendants to appear before Judge Koethe in LaPorte Superior Court 3.

Due to the nature of the cases, the publicity generated, and the ethical considerations, no further statements or comments will be made during the pendency of the cases by the Prosecutor’s Office or law enforcement.
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Southsider2k12
post Sep 8 2011, 08:16 AM
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http://www.nwitimes.com/news/local/laporte...a978f4f2b6.html

QUOTE
LaPorte coach, athletic director charged for failure to report

Kyle Telechan | The Times

LaPorte volleyball coach MaryBeth Lebo walks the sideline on Thursday during a game at Michigan City.

LaPorte High School's athletic director, head volleyball coach and the school corporation were charged Tuesday with failing to report sexual misconduct by an assistant volleyball coach.

LaPorte County Prosecutor Robert Szilagyi said Class D misdemeanor charges were filed against athletic director Ed Gilliland, volleyball coach MaryBeth Lebo and the corporation.

The charges come two months after former assistant girls volleyball coach Bob Ashcraft was convicted of charges stemming from an improper relationship with a player on the volleyball team for which he was an assistant coach. Ashcraft was convicted July 12 of two counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor and Class D felony child seduction.

Attempts to reach Gilliland for comment were unsuccessful.

During the trial, Lebo's attorney, Bill Nelson, told the court that he had advised his client not to testify or speak about anything she may have seen of the relationship between Ashcraft and a former player on her team. Nelson said in open court that Lebo would have asserted her Fifth Amendment right against self-incrimination if called to the stand.

Lebo was not called to the stand during the case.

Szilagyi said former Superintendent Judy DeMuth, who has since moved to the Monroe County Schools, was not charged.

Last season, the LaPorte volleyball team reached the semistate round of the state tournament. Lebo, who is also an assistant athletic director at the school, has been coaching her team this season to its 9-1 record.

LaPorte is scheduled to host Valparaiso High with the junior varsity game beginning at 5 p.m. today.

Read more: http://www.nwitimes.com/news/local/laporte...l#ixzz1XN27SojB
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Southsider2k12
post Sep 8 2011, 08:35 AM
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http://smlforwhatitsworth.blogspot.com/201...detentions.html

QUOTE
Let's advance to Modern Day. MaryBeth Lebo has been coaching volleyball at LaPorte High School for a long time. Among the community, she is held in high esteem.

One of Lebo's assistants, Bob Ashcraft, is now starting to serve 21 years in prison for sexual misconduct with a minor and felony child seduction. Ashcraft had started a "relationship" (and I use that word very, very liberally) with a 14-year-old volleyball player.

Now, prosecutors are charging Lebo and LaPorte High School athletic director Ed Gilliland with failing to report the sexual misconduct of Ashcraft.

The news broke yesterday and will be -- by the end of today -- pretty well covered. Check nwi.com, southbendtribune, heraldargus, the newsdispatch.com or -- my guess -- even Chicago news. Because this is pretty rare.

The charge is a misdemeanor -- but one that could end up with them in jail for 180 days. If nothing else, they have lost their jobs (for now) and will have their actions (and inactions) related to Ashcraft under a microscope.

Lebo and Gilliland are innocent until proven guilty. But I will be interested to see what is reveled in court. There are hints of email conversations, but we'll see what they knew, when they knew it and how they reacted to it.

I don't know of many other situations like this where higher-ups were actually held accountable for coaches having sex with kids. And maybe this is a trend that needs to take place much more often.

Do I feel bad for them? No. It is about time that a prosecutor investigate and charge officials who turn a blind eye to a culture of child seduction. We send our children to schools for a basic education. Not for adults to lust over. Not for adults to take advantage of them.

Lebo has been a great coach in terms of wins and losses. But protecting her team from Ashcraft was more important than any semi-state win. I'd rather go 0-20 with the basics instilled than win a state championship with ethics and innocence left in the front seat of a pickup truck.
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Ang
post Sep 8 2011, 05:27 PM
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Honestly, I can not believe that Ed Gilliland would turn a blind eye to something like this. I know him personally and he is a wonderful, kind, and caring person. Having worked in a high school athletic office, as the secretary to the AD, I just can't see how he would even have knowledge of the situation. Seriously. Unless someone directly told him there was a problem, he would not have first hand knowledge. And, knowing Ed like I do, if someone told him he would have taken measures to stop the activity.

Pity...


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mcstumper
post Sep 8 2011, 07:40 PM
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QUOTE(Ang @ Sep 8 2011, 06:27 PM) *

... if someone told him he would have taken measures to stop the activity.

Pity...


Hmmm. Apparently there is enough evidence suggesting otherwise. LaPorte is one of those communities that will protect their own. You know, the image of the institutions is all important, and crap like that. I pity the girl who was raped.


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Southsider2k12
post Sep 9 2011, 10:24 AM
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http://www.nwitimes.com/sports/columnists/...2e4d354883.html

QUOTE
LAPORTE | On Thursday night, LaPorte volleyball head coach MaryBeth Lebo was not on the bench as the Slicers hosted Valparaiso. Good thing. Thank God, I say.

But what took so long?

Heads should've rolled the first time Lebo walked into the school door this academic year. The blind leading the blind should not lead young ladies in an educational setting. Period.

When trust has been lost -- and for very good reason -- it's time to get a job at Kmart. If you soil a sweater you can always knit another one. When you soil a teenager's soul, it's time to leave for good.

Lebo, who also is LaPorte's assistant athletic director, was charged on Tuesday for failing to report a sexual misconduct by former Slicers' assistant Bob Ashcraft.

Class D misdemeanor charges also were filed against athletic director Ed Gilliland and the corporation.

Ashcraft was convicted July 12 of two counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor and Class D felony child seduction.

LaPorte superintendent Glade Montgomery echoed what LaPorte principal Gregory Handel told The Times at Thursday night's volleyball match.

"I'm not making any comments," Montgomery said.

We have learned through this ordeal that administrators at LaPorte have been turning a blind eye and hiding under a desk for four years, so I didn't think they'd comment Thursday. And in fairness to Montgomery, he arrived in LaPorte only after being hired in July.

Neither Lebo nor Gilliland were at Thursday's Duneland Athletic Conference showdown. Whether they have been suspended or, hopefully, fired, only time will tell. But in looking at the snapshots of what happened between Ashcraft and a Slicers player, who was 14 years old when the molestation began, justice should've been served long ago.

In previous Times news reports, fellow volleyball players said they were concerned about the behavior between their teammate and assistant coach. One player told police that Ashcraft and the girl locked themselves in a training room while everyone else was warming up for practice.

Where was Lebo?

Ashcraft and the minor cuddled while watching a DVD at a 2007 tournament, it was reported.

Coach, where were you?

At Ashcraft's trial in July, Lebo's attorney, Bill Nelson, told the judge that Lebo would assert her Fifth Amendment right against self incrimination if called to testify. And still, Lebo held on to her keys to the school building after her assistant coach was convicted.

At last week's game at Michigan City, I asked Lebo how her team was able to remain so talented despite all the negative attention the program's received.

Lebo said, "The girls have remained focused on the game and are trying to get better."

It's amazing how much better adolescents can be when they're not running from the groping hand of corruption every day at school. Or from administrators who have their heads buried in the sand.

I grieve for the young lady who was let down by the school her family trusted. And I weep for any other youngsters out there who might have had the same thing happen only for administrators to shut it up.

Lebo has coached at LaPorte for 23 years. In a story that ran in The Times in August, two anonymous players said one of them went to Lebo with concerns about Ashcraft's behavior with the other player. She said Lebo told her she would take the concerns "really seriously." Then, within a week, Lebo brought the accusing girl, Ashcraft and his victim and other Slicers into the training room and brought up the concerns in front of everyone.

The Slicer then said that Lebo told her, "There wasn't going to be a spot for me on the team" if the accusations didn't stop.

The high schooler said her playing time diminished afterward.

Ed, where were you? Gregory, where were you?

Lebo should've been shown the door a long time ago. The fact that it finally happened is a step in the right direction. It's just a step that is too old, too long and too bad.

Don Henley was right when he sang about "The End of the Innocence." In this pathetic story he is right on two different counts: the girl who needed someone with a soul to stand up for her, and every person with knowledge who turned a blind eye.

You know who you are.

Read more: http://www.nwitimes.com/sports/columnists/...l#ixzz1XTOnhf5e
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bandaid19
post Sep 9 2011, 02:33 PM
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I find the whole thing sad... and, as a teacher.. even sadder.

This is why so many people mistrust educators-- because of situations like this.

There's NO REASON why these people should still be employed by the school corporation, and I agree with the earlier quoted columnist... they should've been out of the coaching/AD/and teaching positions long ago.

Many emails have been released in the early stages of the investigation which I feel (just from an outsider's perspective) CLEARLY indicated knowledge of the situation, or at least knowledge that students had reported the situation.

Now, I wonder what will happen, with closed door hearings... with the charges against the school corporation... and with the administrators who have left-- some farther away than others.

Justice, I hope.
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Tim
post Sep 9 2011, 03:52 PM
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QUOTE(mcstumper @ Sep 8 2011, 07:40 PM) *

Hmmm. Apparently there is enough evidence suggesting otherwise. LaPorte is one of those communities that will protect their own. You know, the image of the institutions is all important, and crap like that. I pity the girl who was raped.


Raped? From all reports it sounds like the sex was pretty consensual.

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mcstumper
post Sep 9 2011, 05:34 PM
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QUOTE(Tim @ Sep 9 2011, 04:52 PM) *

Raped? From all reports it sounds like the sex was pretty consensual.


Come on, Tim. Don't be that guy who says statutory rape isn't really rape because the 15 year old child "wanted" it.


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Tim
post Sep 9 2011, 05:36 PM
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QUOTE(mcstumper @ Sep 9 2011, 05:34 PM) *

Come on, Tim. Don't be that guy who says statutory rape isn't really rape because the 15 year old child "wanted" it.


Yeah - I'm sure that's exactly what I said.

And please don't tell me you think a 15-year-old is incapable of consensual sex. Or did you get a ... late start?

j/k

Make no mistake - I'm not making light of the situation. I think this Ashcraft goon should have his testicles ice-picked to a 2X4 for this. But dictionary.com defines rape as -

2. any act of sexual intercourse that is forced upon a person

And based on what the victim said about her plans to spend the rest of her life with this guy that certainly doesn't seem to be the case here.
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mcstumper
post Sep 9 2011, 07:35 PM
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QUOTE(Tim @ Sep 9 2011, 06:36 PM) *

...But dictionary.com defines rape as -

2. any act of sexual intercourse that is forced upon a person

And based on what the victim said about her plans to spend the rest of her life with this guy that certainly doesn't seem to be the case here.


Fine. Let's not call it rape. The State of Indiana terms it "sexual misconduct with a minor". Key being minor. Dictionary.com defines minor as "under the legal age of full responsibility". In other words, she still was a child and as such, had childlike thoughts and perceptions... you know, like wanting to spend the rest of her life with her pervert predatory coach.

But let's not get too far off the topic at hand. From everything I have read in the paper, Lebo was told that this was going on (or that there was a very good likelihood that this was going on), and instead of reporting it, she took it upon herself to fix the situation by instituting a policy that coaches and kids weren't to be alone together. It didn't sound like her policy did much to stop the illicit activities.

I don't recall reading anything about what Gilliland knew and when he knew it. But I guess that will all be made public soon enough.


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Tim
post Sep 9 2011, 07:50 PM
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QUOTE(mcstumper @ Sep 9 2011, 07:35 PM) *

Fine. Let's not call it rape. The State of Indiana terms it "sexual misconduct with a minor". Key being minor. Dictionary.com defines minor as "under the legal age of full responsibility". In other words, she still was a child and as such, had childlike thoughts and perceptions... you know, like wanting to spend the rest of her life with her pervert predatory coach.

But let's not get too far off the topic at hand. From everything I have read in the paper, Lebo was told that this was going on (or that there was a very good likelihood that this was going on), and instead of reporting it, she took it upon herself to fix the situation by instituting a policy that coaches and kids weren't to be alone together. It didn't sound like her policy did much to stop the illicit activities.

I don't recall reading anything about what Gilliland knew and when he knew it. But I guess that will all be made public soon enough.



100% agreeance.
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Ang
post Sep 9 2011, 07:51 PM
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1. Being that Lebo was an assistant AD, I now understand why Ed Gilliland is being indicted as well.

2. Rape is a very strong and vulgar word. It gives the impression of violence, whether forced sex or statutory rape, it still makes a person think of a violent crime. Having said that, I understand why Tim said what he said. While the crime commited against this young girl was heinous (and I know Tim agrees), the word "rape" is too strong of a word. She was not held down and violated. She was enticed into the act and because she was young and niave, she didn't know better.

3. I'm sure as soon as that girl turns 18, she will file a bagillion dollar lawsuit against everyone, just like the girl in Michigan City who had a similar situation happen to her with a Michigan City Police officer.


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Southsider2k12
post Sep 12 2011, 07:57 AM
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http://www.nwitimes.com/news/local/laporte..._medium=twitter

QUOTE
LAPORTE | LaPorte Community School Corp. is defending its handling of a situation involving a coach who was eventually convicted for having sex with a minor.

The school corporation and two school athletic officials were charged Tuesday with failing to report sexual misconduct by former assistant girls volleyball coach Bob Ashcraft.

William Kaminski, an attorney for the district, said Saturday a school employee did report suspicions to state and county officials, and he will seek to have the charges against the district dismissed.

Ed Gilliland, the LaPorte High School athletic director, and MaryBeth Lebo, head volleyball coach, along with the school corporation, were charged Tuesday by LaPorte County Prosecutor Robert Szilagyi with Class B misdemeanors of failing to report sexual misconduct.

Ashcraft, 46, was convicted in July of sexual misconduct with a minor and child seduction for having sexual encounters with a former player who was 15 when the conduct began.

Ashcraft was sentenced in August to 21 years in prison.

In a statement Saturday, Kaminski said "it is well known" by Szilagyi and his deputy a school corporation employee reported suspicions about Ashcraft and the victim in 2008 to the state Department of Child Services and to the LaPorte Police Department.

Kaminski said the school corporation questions Szilagyi's motives in filing a charge "which he should know is not supported under Indiana law and for which he has no evidence."

Szilagyi did not return a phone call seeking comment Saturday.

Read more: http://www.nwitimes.com/news/local/laporte...l#ixzz1XkLS9XKg
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Southsider2k12
post Sep 13 2011, 01:36 PM
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http://thenewsdispatch.com/articles/2011/0...be031972834.txt

QUOTE
Legal issues sideline coach Lebo

By Ken Peterson
For The News-Dispatch
Published: Monday, September 12, 2011 4:42 PM CDT
LA PORTE — For the first time, longtime La Porte volleyball coach Marybeth Lebo was not courtside leading her team on Thursday night.

Instead, the veteran coach was not there due to legal issues.

La Porte dropped the match 25-23, 22-25, 26-24 and 25-18 to Valparaiso, coached by former La Porte standout Katie Lenard.

No one Thursday night wanted to comment on the specifics of Lebo’s absence, but there were plenty of people who missed her, including assistant coach Karlee Lawson.

*
“Things won’t be the same,” Lawson said. “I am hurt that a lady that I look up to and have looked up to for so long and has done so much for me is not next to my side.

“She’s been right there for 10 years. And I am not going to say it is not going to be the same and we are not going to pretend it is going to be the same.

“But we will push forward like we always have with every curveball that has been thrown and we’ll make it work.”

La Porte County Prosecutor Robert Szilagyi charged both Lebo, La Porte High School Athletic Director Ed Gilliland and La Porte Community School Corp. on Wednesday with failing to report sexual misconduct, a Class B misdemeanor.

If convicted, Lebo and Gilliland could spend up to 180 days in jail and be fined up to $1,000.

The charges came two months after former assistant coach Bob Ashcraft was convicted of charges stemming from an improper relationship with a minor. Aschraft was sentenced on July 12 to 21 years in prison.

Lenard chose not to comment about it.

“I’ve been (at Valpo) for five years now,” she said.
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post Sep 14 2011, 09:40 AM
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http://thenewsdispatch.com/articles/2011/0...3f185795332.txt

QUOTE
Defense says charges aren't based on reliable evidence

By Matt Fritz
For The News Dispatch
Published: Tuesday, September 13, 2011 5:07 PM CDT
LA PORTE — The attorneys for Ed Gilliland and Mary Beth Lebo say their clients are being charged with unreliable evidence.

Varsity volleyball coach Lebo and La Porte Athletic Director Gilliland were charged last week on two counts of failing to report child abuse or neglect by the La Porte County Prosecutor's Office, along with a separate charge against the La Porte Community School Corp. for the same offense.

The charges are in relation to the sexual misconduct of former high school volleyball coach Robert Ashcraft and one of his former players in 2008, which prosecutors say happened under the eyes of the suspects.

But according to a press release from defense attorneys Craig Braje and William Nelson, the charges will be proven false.

*
"They (Lebo and Gilliland) sat silent while irresponsible speculation and innuendo spread among the community," the press release said. "The hope was always that the investigation would be based on fact and not upon politics. Unfortunately, the process malfunctioned and the prosecutor has chosen to select two individuals, without reliable evidence and not charged dozens of others."

In a previous story, La Porte County Prosecutor Bob Szilagyi said state law allows him to press charges on any individual failing to report suspected child abuse, and not just school officials. Several parents had testified to a suspicion of an inappropriate relationship between Ashcraft and one of his players during his trial in July. But Szilagyi said the one complication with charging just anyone is proving he or she suspected the abuse, not just saw evidence of it.

According to the press release, the two suspects have a combined 56 years experience as educators, each receiving honors and recognition for their efforts. Gilliland was selected last year as Indiana's Athletic Director of the Year, and Lebo was named Indiana's North District Coach of the year for 2009 and 2010.

"They are professionals who have dedicated their lives to guiding young men and women," the press release said, "they have earned the respect of local and statewide peers."

Summonses have been issued for the defendants to appear before Judge Jennifer Koethe in La Porte Superior Court 3.

"Of course, the state has no obligation to identify or explain why Ms. Lebo and Mr. Gilliland were selected to be charged," the attorneys say later in in release. "Fortunately, the courtroom will provide the forum for the state's motives and investigation to be dissected. Our clients look forward to that process and believe, upon conclusion, they will be afforded the respect and vindication they deserve."

In July, Ashcraft was found guilty on three counts of sexual misconduct with a minor and one count of child seduction in regards to inappropriate relations with an underage former volleyball player.

The "B" misdemeanor charges are punishable by up to 180 days in jail and fines up to $1,000.
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post Sep 19 2011, 12:05 PM
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http://thenewsdispatch.com/articles/2011/0...57340067379.txt

QUOTE
School corp. attorneys file motion to dismiss

By Matt Fritz
For The News-Dispatch
Published: Friday, September 16, 2011 5:08 PM CDT
La PORTE — Attorneys on behalf of La Pore Community Schools filed a motion Thursday in La Porte Superior Court 3 to dismiss a misdemeanor charge against the school corporation.

The corporation was charged last week by La Porte County Prosecutor Bob Szilagyi with one count of failing to report child abuse, a Class B misdemeanor.

The charges are in relation to the sexual misconduct of former high school volleyball coach Robert Ashcraft and one of his former players in 2008, which prosecutors say happened under the eyes of the suspects.

According to the motion, the corporation cannot be charged with this crime for four reasons.

*
One, it is a governmental entity and the Indiana legislature does not provide for criminal prosecution of a governmental entity.

Two, the schools are a corporation and not a person with a duty to report crime.

Indiana Code 31-33-5-3 says that “an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report.”

Three, the district is being charged for an alleged crime that happened three years ago in 2008, beyond the two year statute of limitation imposed by the state for such crimes.

And four, the corporation did report the crime through the efforts of sixth grade teacher Greg Samuelson, whose report of rumors involving the inappropriate relationship initially sparked the investigation in 2008.

A message for comment was left on the prosecutor’s phone. It wasn’t immediately returned.

The charge is punishable by a fine up to $1,000.

The motion did not address separate B misdemeanor charges filed against varsity volleyball coach Mary Beth Lebo and La Porte Athletic Director Ed Gilliland.

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