Judge wants victims to have an attorney

A Lake County judge said Wednesday he intends to appoint a lawyer for two children police say were sexually abused by a Cuba Township woman.

Circuit Judge Fred Foreman agreed Wednesday to delay the appointment for two weeks while a prosecutor considers appealing the decision.

Yolanda Dipert, 46, is accused of molesting the 16-year-old boy and 13-year-old girl and videotaping many of the attacks.

Assistant Public Defender Jennifer Snyder said she wanted an attorney outside of the case appointed to interview the children because their father refuses to allow a defense investigator to see them.

Snyder said she wants the attorney to determine it's the decision of the children not to meet with the investigator, and not their father's.

Assistant State's Attorney Eric Kalata opposes the move. He told Foreman he explained to the victims' father that all potential witnesses in a criminal case have the right to discuss their testimony with the defense, but are under no obligation to do so.

Kalata said the father was simply exercising his parental rights in deciding the investigator cannot speak to his children, and that the court should not intervene.

But Foreman said "the circumstances of the case" and a review of the applicable law convinced him to appoint the lawyer.

He gave Kalata until Dec. 27 to do his own research and decide if he will file the appeal.

Dipert faces a mandatory life sentence if she is convicted of all the multiple charges of predatory criminal sexual assault, aggravated criminal sexual assault and child pornography against her.

Her ex-brother-in-law, Lee Dipert, of Valparaiso, Ind., pleaded guilty to two counts of predatory sexual assault in May and was sentenced to 40 years in prison.