January 16, 2019 at 4:17 p.m.
Judge denies bond modification in NCES assault case
Defense suggests video evidence may have been edited, state issues denial
Judge denies bond modification in NCES assault case
By River News Staff-
Stavros Iliopoulos was charged with first-degree sexual assault of a child, false imprisonment and child enticement Nov. 21, 2018 after a Northwoods Community Elementary School (NCES) student claimed he intercepted her as she attempted to enter a restroom Nov. 20 and touched her inappropriately. 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.
Not guilty pleas were entered Nov. 27 and Iliopoulos remains in the Oneida County jail in lieu of $50,000 cash bail.
In court Tuesday, public defenders Mary Burns and Elizabeth Svehlek requested a bond modification. They argued that Iliopoulos is not a flight risk and his health is detiorating while in custody.
The defendant has heart issues and was recently taken to the hospital to have a stent inserted, Svehlek told the court.
Assistant district attorney Mary Sowinski said she has no documentation that the defendant's health is in any danger due to his incarceration and asked Bloom to keep the $50,000 bond in place.
Citing the seriousness of the allegations and the "much more than average amount of corrroboration" included in the complaint, Judge Michael Bloom rejected the motion.
The parties also discussed video footage of the interior of the school provided by the school district.
"We've seen a video from the school but it seems to be edited somewhat and we need to see the whole video," Burns said.
"It's not edited, your honor, it's just the way the security video - it's a motion camera and I can explain that further," Sowinski interjected. "I went to the school and watched the video and I have a much better understanding now and I actually have copies for the defense with me of the school hallway that I will provide to counsel at this time."
Bloom directed counsel to share all materials in a timely manner.
"Given the nature of this case, given the fact that the defendant is in custody in lieu of posting cash bond, obviously the defense is obligated to do certain things within a certain timeframe," the judge said. "I expect the state will do what it needs to do in a timely manner and triage this case accordingly."
In addition to the security video, the state will also turn over a video of the interview law enforcement conducted with the complaining witness, it was noted.
Another pretrial conference was set for 10 a.m. Jan. 31 at which time a Greek interpreter is expected to be present to ensure the defendant can understand the proceedings.
After the charges were filed, representatives from the School District of Rhinelander said they had no indication Iliopoulos might pose a danger to students and staff, however in response to a River News open records request the district later turned over a record of a conversation the district's director of business affairs, Marta Kwiatkowski, had with Iliopoulos Sept. 28 in response to a harassment complaint made by an adult staff member.
According to the record, a Northwoods Community Elementary School (NCES) staff member reported that Iliopoulos made her uncomfortable by calling her to the workroom or storage and commenting on her looks.
In the document provided to the newspaper, Kwiatkowski indicated she counseled Iliopoulos who is referred to by the nickname Steve.
"We met with Steve to discuss the harassment claim made by a female employee," the record states. "(The staff member) claimed that Steve made her uncomfortable by calling her to the workroom or storage and commenting on her looks. He denied calling her to the workroom, but admitted that he comments on people's looks and that he likes to joke around. I asked him to stop, be polite but not to comment on appearance. I told him that he can talk about weather and other things, but comments on appearance are not appropriate. I told him not to get too close to people; we all need our personal space. Also, I told him not to have any physical contact with staff members and/or students."
In a subsequent phone interview, Kwiatkowski told the River News she memorialized the events of the meeting for her records, not for any particular recepient.
"I kind of jotted down what the meeting was in case if someone ever asked me so I would have a date," she said. "This was the only time I met with him, so I kind of wanted to document it for myself. It was just my notes, it didn't go into a lot of detail."
There were no further complaints made against Iliopoulos and the staff member reported just one incident, which didn't involve any physical touching, she added.
Kwiatkowski said the NCES staff member, who is also a district employee, reported the incident to director of instruction Terri Maney who reported it to her.
"The staff member asked that her name remain confidential," Kwiatkowski said, adding that she advised NCES teacher/principal Alex Bontz of the complaint but the rest of the staff at NCES was not made aware of it.
"After the fact, I filled (Bontz) in about the meeting in a conversation," Kwiatkowski said.
There were no additional complaints about Iliopoulos until Nov. 20, she added.
District superintendent Kelli Jacobi told the River News she did not find out about the September incident until after the fact.
"I believe there was a clear understanding, that Steve understood the concern and what the expectations were moving forward," Jacobi said, adding that she had no idea if Bontz was given any special instructions regarding Iliopoulos.
Kwiatkowski later confirmed that Bontz was not given any instruction or direction related to Iliopoulos after the report was received.
Jacobi also said she was satisfied with how Kwiatkowski handled the matter.
Iliopoulos faces the possibility of life in prison if convicted of all charges.
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