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Failure to report abuse charges to proceed against athletic director

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The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.

After 15-year-old K.T. joined Ashcraft’s team in August 2007, some players’ parents told Gilliland that Ashcraft had given some team members foot rubs, texts, and hung out before school with K.T. by himself. Gilliland and head volleyball coach Marybeth Lebo deemed the behavior inappropriate and notes were made in Ashcraft’s file, but the authorities were never alerted.

Ashcraft did commit several sex offenses with K.T., which led to his convictions. In October 2008, Gilliland and Lebo prepared a resignation letter for Ashcraft that did not mention the behavior documented in his file. A month later, police interviewed Gilliland about Ashcraft’s “alleged misconduct” with K.T., but Gilliland said he had no knowledge that the reason Ashcraft resigned was because of that behavior.

An investigation in October 2010 led to two Class B failure to report child abuse or neglect charges filed against Gilliland. He and Lebo sought to dismiss the charges; the Court of Appeals recently left Lebo’s charges in place.

Gilliland argued the prosecution was barred by the two-year statute of limitations, he hadn’t engaged in concealment, and the charging information failed to state facts sufficient to constitute an offense or allow him to prepare a defense.

The trial court affirmed the charges but ordered that any offense committed prior to Oct. 5, 2007, would be outside the statute of limitations because any concealment did not begin until November 2008 when Gilliland spoke to investigators.

“We conclude that Gilliland concealed his offenses from the very beginning, thereby tolling the statute of limitations, and that the State could not have discovered sufficient evidence by exercise of due diligence to charge him prior to October 2010,” Judge Terry Crone wrote for the majority in Edward Gilliland v. State of Indiana,
46A03-1202-CR-97. “Thus, we agree with the trial court that the charges were timely filed, but we conclude that any offense committed prior to October 5, 2007, would not be outside the statute of limitations and therefore the State does not have to amend the charging information in that respect.”

Judge L. Mark Bailey agreed with his colleagues that the state alleged facts sufficient to constitute the charged offenses, but agreed with the trial court that the concealment did not occur until the November 2008 interview with police.  

“I believe that, if Gilliland lied to officers on November 21, 2008, he committed a positive act, concealing Ashcraft’s crime and thus his own offense of failure to report. However, I disagree with the majority opinion to the extent that it suggests concealment might arise from remaining silent about one’s own crime, without more,” Bailey wrote.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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