Leerkamp Defends Charges; Criticizes Delph Criticism

Hamilton Co. Prosecutor Sonia Leerkamp met with Star reporters yesterday and defended criticism that the misdemeanor charges she brought against four former Carmel High School basketball players accused of sexually assaulting a 14-year-old basketball player on a bus and in the school's locker room didn't match the crime. She also responded to Sen. Mike Delph's criticism of her for not bringing felony charges in the case. Delph is the only elected official in Hamilton Co. to criticize the handling of the case to date. The parents of one of the victims in the current case claims their son was held down, his pants were removed and he was anally penetrated on a team bus where 51 students and three coaches were riding at the time. The parents say their son was victimized not once but on several occasions by the same basketball players accused in this case.

Leekamp's response to criticsm sounded strikingly similar to her explanation to the Star a decade ago in another case where she brought no charges in a case this blog exclusively recalled where three swim team members at the school were accused of repeatedly sexually assaulting a 15-year-old swim team member in the school's locker room and showers. Leerkamp complained that witnesses, who she exclusively got to choose to testifify before a 6-person grand jury, gave conflicting testimony during the grand jury proceedings. "I'm not going to necessarily accuse any of the victims of not being credible witnesses," Leerkamp told The Star. "What I'm saying is, in the context of all the evidence, that is what has to be weighed." By not bringing the more serious charges of criminal deviate sexual conduct, criminal confinement and sexual battery, Leerkamp is saying that she doesn't believe the victim's claims just like she said she didn't believe the victim a decade ago, who she said suffered from "a learning disability." In the case a decade ago involving the 15-year-old swimmer, Leerkamp said then that the grand jury heard insufficient evidence to indict the accused. She said she thought the students were mean to the victim then because of his learning disability.

Joel Schumm, a clinical professor at the IU School of Law-Indianapolis, said Leerkamp's comments sounded more like one would expect to hear from a criminal defense attorney, not a prosecutor. The attorney for the victim is not surprised that some witnesses gave differing accounts. "These are star basketball players -- senior basketball players who had a lot of friends -- and they're going to try to protect them," Turner said. "My client is credible. He is a victim, and they've got to treat him like a victim."

Leerkamp also answered Sen. Mike Delph's criticism that she should have brought felony charges in the case. She told the Star's reporters that she had spent a day responding to e-mails and phone calls criticizing her decision. "She also said she was disappointed that Delph did not seek an explanation from her before posting his comment," the Star reported. "I had no agenda one way or the other on the outcome of the case," she said Saturday.

The reporters apparently never questioned Leerkamp about the similarities in this case to the one involving the swimmer a decade ago. There is no mention of the case in their interview reported in today's Star. I also learned some more information over the weekend that has troubled me in this case. I hadn't heard an explanation for why the four seniors, John Scott Laskowski, Brandon Hoge, Robert Kitzinger and Oscar Falodun, were riding on a freshman bus on the night the sexual assault allegedly occurred. A Carmelite informs me that when the bus made a stop at a rest area on the trip home from Terre Haute, the team's head basketball coach became very upset at how the four were acting and told them that if they wanted a ride home they would have to ride on the freshman bus. That account has not been confirmed by those who investigated the case, and I haven't heard any other news reports on that question. Also, I raised a concern about the size of the bus, whether the smaller or larger-sized bus had been used. According to the documents released to the media on Friday, there were 51 students on the bus, which means it had to be a larger-sized bus.

UPDATE: The Star's Robert Annis says reference to the 1998 case was supposed to be included in the story that ran Saturday. He wasn't sure why it wasn't. He said that he believed earlier stories mentioned it. I've been following it closely, and I didn't see any mention of the old case; however, sometimes the Star the newspaper's online editions vary from the print edition.

Carmel Basketball Players Only Charged With Misdemeanors

The Carmel basketball players accused of sexually assaulting  freshmen basketball players at the back of a school bus driving the team back from a game in Terre Haute while coaches sat in the front of the bus will only be charged with misdemeanors. The same will hold true for two other Carmel basketball players accused of sexually assaulting a 17-year-old student in a lockroom before the incident on the bus. The four players have been charged with criminal recklessness and battery in the incidents described as hazing. The four players have been identified as Scott Laskowski, (top left) Robert Kitzinger, Brandon Hoge and Oscar Falodun. Laskowski's father, John, formerly played on the IU Hoosiers basketball team and later played for the Chicago Bulls. Kitzinger's and Hoge's charges relate primarily to the bus incident, while Falodun's and Laskowski's charges relate to the lockerroom incident. The formers' case will be transferred to Hendricks County, while the latters' case will be tried in Hamilton County.The prosecutors of Hamilton and Hendricks county which investigated and brought today's charges are both women. Do you think these two prosecutors would have taken this long to investigate the case and have been as lenient in charging the accused had the victims been women? These charges don't seem to match the claims one of the victim's attorneys, Robert Turner, has been making about what transpired in these incidents. Turner said today that he could have investigated and brought charges within a day in this case instead of the months it has taken.The criminal deviate conduct  and criminal confinement charges discussed earlier by prosecutors didn't make it to the charging sheet of a grand jury that issued the sealed indictments last week. A copy of the grand jury's indictment can be accessed here. It's pretty useless because it recites  no specific details about what the accused allegedly did to the victims other than to say such things as he touched him in a rude and insolent manner, or he grabbed or held him. The prosecutors clearly didn't want to give specific details that might reveal just how insufficent today's charges were in this matter. The accused will probably cop a plea deal, pay a fine and serve no time or only serve home detention for a short period of time. It's possible they might even qualify for diversion, in which case their criminal records will be expunged after one year if they remain out of trouble. This entire matter should show Hoosiers once again that we have one of the most corrupt criminal justice systems in the nation. Innocents are sent to prison for crimes they didn't commit; the privileged break any law they wish and face little or no consequences.

UPDATE: Did anyone notice that the original online copy of the indictment has been removed and replaced with one that no longer has the name of the persons to whom the indictment got distributed? Also, reporters waited to cover the charged as they turned themselves into police. The four were escorted in a van into the building to avoid any media photos or video taping of them. Special treatment for special defendants.