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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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