A hearing on a defense motion to compel discovery has been set for today, Aug 8, in the case of a Tomahawk man accused of sexually assaulting a 10-year-old Northwoods Community Elementary School student last November.
Andrew M. Morgan, defense counsel for Stavros Iliopoulos, 66, filed a motion July 29 seeking material that was mentioned during previous hearings before he was appointed to the case on May 9.
Iliopoulos was charged with first-degree sexual assault of a child, false imprisonment and child enticement on Nov. 21, 2018 after a NCES student claimed he intercepted her as she attempted to enter a restroom and touched her inappropriately in a janitor's closet. His original public defender, Elizabeth Svehlek, filed a motion to withdraw from the case on April 17 at Iliopoulos' request. Judge Michael Bloom granted the request on April 23.
In the new petition, Morgan refers back to the original discovery demand Svehlek filed on Nov. 27, saying "the defense seeks further discovery" and lists the items he is seeking on his client's behalf.
Morgan starts his list by noting that "the prosecutor has said that she has spent time watching the full school videos with the accusing student, discussing them thoroughly."
The list of items Morgan is seeking include:
The full school videos and a written explanation for any gaps in the same, along with the source of this explanation.
All law enforcement reports, recordings and other information relating to these discussions, including those of the prosecutor.
The names and contact information of anyone discussed.
The report of the prosecutor's follow-up discussion with the Wisconsin State Crime Lab analyst on the matter of male DNA found on the alleged victim.
Full medical records for any SANE exam of the alleged victim or follow-up visits related to the incident, which the defense has not received although police reports say the child was taken for an exam.
Release of Department of Social Services records pertaining to the alleged victim.
The recording of a Stepwise or equivalent formal forensic interview of the alleged victim.
According to the motion, assistant district attorney Mary Sowinski, who is prosecuting the case, questioned the crime lab analyst who wrote the initial report announcing the results of the lab's DNA analysis.
"On this point, the undersigned counsel asserts that based on the language of the original report that the results show the Crime Lab found male DNA on the person of the accusing minor, but merely assume based on the minor's word that it was the DNA of the defendant," Morgan wrote.
Morgan also noted that Sowinski had petitioned the court for a protective order of the alleged victim's social services records, and Bloom granted the request.
"The petition and the subsequent order suggests the State and the court perceive that such records are relevant to the charges and would necessarily be released to the defense (otherwise this wouldn't be a concern)," Morgan wrote. "No such records have been provided so far in discovery."
Morgan has also requested that a Greek interpreter be made available for the motion hearing, which is scheduled for 11 a.m.
Iliopoulos was working as a school custodian at the time of the alleged assault but was later fired by Victory Janitorial which has a contract with the School District of Rhinelander to clean school buildings.
According to the criminal complaint in the case, the girl told investigators she left her classroom to use the restroom when Iliopoulos approached her and asked for a hug. She declined and attempted to go back to her classroom, but Iliopoulos took her to a closet instead, she reported. In the closet, the girl said Iliopoulos hugged and kissed her and then began to touch her over and under her clothing. She said she tried to reach the door handle but Iliopoulos grabbed her arm and pushed it up against the wall. He eventually let her out of the closet with a warning not to tell anyone what happened, she reported.
Iliopoulos has denied the allegations, claiming that the child wanted to see the inside of the closet and he told her to get out.
A two-day jury trial is currently scheduled to start September 4.
If convicted of all charges, Iliopoulos faces up to life in prison.
Jamie Taylor may be reached via email at email@example.com.
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