Neutral help sought in abuse case

Parental rights are pitted against a defendant's rights in the case of a Cuba Township woman charged with child molestation.

Lake County Assistant Public Defender Jennifer Snyder on Tuesday asked a judge to appoint a lawyer for two children who police say were sexually abused by Yolanda Dipert, 46.

Snyder said she wants the lawyer to determine if the children, a 16-year-old boy and a 13-year-old girl, will discuss the case with defense investigators independent of their father's wishes.

"The father is refusing access to the victims by our investigator," Snyder said. "We want a neutral party to speak to the children and determine if it is their decision not to speak to us, or simply their father's."

Assistant State's Attorney Eric Kalata said he told the children's father that victims in criminal cases are free to discuss their potential testimony with the defense but are under no obligation to do so.

Kalata said the father considered his options and then, because his children are minors, decided against allowing the defense investigator to interview them.

"The father is exercising his parental rights and prohibiting the further traumatizing of his children," Kalata said. "I do not think it is proper for this court to usurp the right of a parent to make decisions for his children."

Foreman said he wanted to research the law before making a decision on the request, and said he would rule on Dec. 11.

Dipert and her ex-brother-in-law, Lee Dipert, were charged in July 2006 with molesting the children on several occasions between 2002 and 2006.

Many of the sex acts, which police said took place at a house in unincorporated Cuba Township, were photographed and stored on computers.

Lee Dipert was on vacation in Alaska when a relative staying in his house in Valparaiso, Ind., discovered some of the photographs and called police.

Yolanda and Lee Dipert were charged with multiple counts of predatory sexual assault of a child, aggravated criminal sexual assault and child pornography.

Lee Dipert pleaded guilty in May to two counts of predatory sexual assault of a child, and was sentenced to 40 years in prison.

He agreed to testify against Yolanda Dipert, who Kalata said has rejected a similar plea offer and is scheduled to go to trial Feb. 4.

Kalata said Dipert faces a mandatory life sentence if convicted of all charges against her.