Logan man wins another appeal

by Brian Rosenthal
Pharos-Tribune staff writer

September 06, 2008 11:06 pm

— INDIANAPOLIS — The Indiana Court of Appeals denied another legal maneuver aimed at reinstating child molestation charges against a Logansport man.
The court voted 3-1 this week against reconsidering the state’s appeal of a year-old ruling by Cass Superior Court Judge Rick Maughmer to reject four counts against William S. Elpers. Two months earlier, the same court voted to affirm Maughmer’s ruling.
The prosecution’s remaining legal option is to appeal the case to the Indiana Supreme Court. But Cass Prosecutor Kevin Enyeart said in a phone interview Friday afternoon that he hadn’t yet received a copy of the appeals court decision and he would have to review the decision before making any decisions. Enyeart has previously stated he thinks the case should be taken to the Supreme Court.
In October 2005 the prosecution brought five charges against Elpers, who is now 41. The next month, a day before the originally scheduled trial, the state added eight more counts after reportedly discovering additional evidence.
Public defender Brad Rozzi’s motion to strike those charges was granted by Cass Superior Court I Judge Thomas Perrone based on an Indiana statue prohibiting the state from filing charges in a felony case so close to the trial.
Meanwhile, the trial was delayed until May 2007.
But six days before the May trial, prosecutors decided to file new charges again. To avoid violating the statue again, they filed the second batch of new charges in a separate court — Cass Superior II.
The new charges came from four separate acts unrelated to the trial, Deputy Prosecutor Lisa Swaim said at the time. The charges, which spanned nine years, all involved the same alleged victim.
Elpers was acquitted of the original charges, and learned of the new charges when he returned home from the trial.
In August 2007, Rozzi filed a motion to dismiss new charges for a second time, which Maughmer granted.
In June, the Court of Appeals upheld that ruling by a 2-1 vote.
At the time, Enyeart said the court hadn’t even considered his main appeal — that a law change in the middle of the case established a deadline to file new charges after the deadline in the Elpers case had passed.
The Court of Appeals was asked to reconsider their ruling.
On Wednesday, Elpers’ public defender for the appeal, James Knight, received a fax from the State Clerk contained just one sentence, which stated the petition for rehearing had been denied.
“We certainly feel like it was the correct decision when the original decision was handed down, and we feel it’s the correct decision today,” said Knight, who said he didn’t file any argument question over whether to reconsider the ruling.
Enyeart declined to comment on the decision until he obtained a copy of it.
The state now has 30 days to request a transfer to the Indiana Supreme Court.
Brian Rosenthal can be reached at (574) 732-5148, or via e-mail at Brian.Rosenthal@pharostribune.com