Judge wants go-between in molesting case

Defense attorneys for a Cuba Township woman accused of molesting two children must use an intermediary in seeking interviews with the children.

Lake County Circuit Judge Fred Foreman reaffirmed Monday his decision to appoint an attorney from outside the case against Yolanda Dipert to represent the children.

Foreman said the attorney is to meet with the children, a 16-year-old boy and a 13-year-old girl, only to determine if they wish to give statements to defense investigators.

Dipert, 46, is accused of molesting both children and videotaping many of the incidents.

Assistant Public Defender Jennifer Snyder wanted the attorney appointed to speak to the children on the defense's behalf because their father has refused to allow defense investigators to see them.

Snyder said that while all crime victims have the right to decline to cooperate with the defense of the person accused of victimizing them, the right of refusal did not extend to third parties.

"Having the father make all the decisions in this case is not right," Snyder said. "We are not hearing the wishes of the children; we are hearing the wishes of the father."

Assistant State's Attorney Christen Bishop asked Foreman to reconsider his December decision to appoint the lawyer.

Bishop argued state law made no provision for the appointment of an attorney to serve in the capacity Snyder suggested.

She also said crime victims have an absolute right not to cooperate with defense attorneys, and it made sense that a father could exercise that right for minor children.

But Foreman said the Illinois Crime Victim's Rights Act allows for victims to have attorneys advise them.

He also pointed out similar legislation in Arizona specifically bars the appointment of lawyers for victims under the circumstances Snyder suggested.

"In the spirit of the Illinois law, I believe the appointment is appropriate," Foreman said. "I think it would require another trip to the legislature to amend the legislation before I could grant the relief the state is seeking."

Foreman stressed the children only have to meet with the outside attorney to tell that attorney if they will agree to meet with the defense. He was not requiring them to meet with the defense.