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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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