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The attorney representing a Mentone man accused of molesting several children in Kosciusko County asked for a change of venue for the case Tuesday afternoon.
Merrillville attorney Michael J. Lambert filed motions in Kosciusko Superior Court Tuesday requesting Anthony DeMarco's child molesting trial be moved from Kosciusko County. Lambert cites press coverage and a letter sent by the Kosciusko County YMCA to around 4,000 members of the public as reasons to move the case.
According to the motion submitted Tuesday, "... in order for the defendant to receive a fair and impartial trial, given the extensive news coverage of him, as well as his mother, in addition to the mass mailings of the Kosciusko County YMCA, ... a change of venue is proper and required for the fair administration of justice."
In two other motions submitted Tuesday, Lambert requested limits on what the prosecution will be allowed to enter into evidence during the trial.
The first requests that victims from other cases currently filed against DeMarco not be allowed to testify in the case at hand. "... The defendant requests that the State of Indiana be ordered not to introduce into evidence, either directly or indirectly, by way of witness or other tangible evidence, any fact, act, allegation or occurrence concerning the charges against the defendant stemming from any other alleged victim from any other cause into evidence ..."
The second asks the prosecution not be allowed to introduce into evidence "... certain computer images that may be classified as child pornography ..." because "... none appear to be that of any victim from any cause currently filed ..."
A hearing on the motions is scheduled for Dec. 28 at 9 a.m. in Kosciusko Superior Court. The trial is scheduled to begin with jury selection Jan. 16 at 8:30 a.m.
DeMarco originally was scheduled to stand trial in August, but the trial was delayed when he hired Lambert in late July. DeMarco is accused of molesting boys under the age of 14 and faces two Class A felony child molesting charges. He also faces Class C felony child molesting charges in three other cases. He is being held in the Kosciusko County Jail on $250,000 surety bond.
Kosciusko Superior Court I Judge Duane Huffer issued a gag order in the case March 22 after DeMarco's attorney filed a document requesting it, citing media attention surrounding the case and the possibility of tainting the jury pool. Public documents filed regarding the case are still available in the Kosciusko County Justice Building, but officials involved in the case are not allowed to comment.
Since March 7, the Warsaw Police Department and Kosciusko County Child Protective Services have been investigating the case.
DeMarco was suspended from his part-time job at the Kosciusko Community YMCA March 9 after the allegations surfaced. The YMCA then issued a letter to its members and released a statement regarding the incident.
Police believe many of the victims were introduced to DeMarco during his employment at the YMCA and related camps and outings. DeMarco was hired at the Kosciusko Community YMCA as the youth sports coordinator in 2001 and held various positions over the past four years. He was a youth center supervisor, climbing wall supervisor and was involved in various summer camps, Kids' Night Out activities and Kids' Club before- and after-school activities.
DeMarco was a fourth- and fifth-grade basketball coach at the former Burket Elementary School, a substitute teacher in the area and a reserve police officer in Mentone and Silver Lake. He also was employed at Whitley County YMCA.
Police established probable cause for DeMarco's arrest after interviewing children who implicated him for allegedly molesting them. DeMarco allegedly befriended parents, then found ways to be alone with their children, usually young boys.
DeMarco appeared and entered a plea of not guilty in Kosciusko Superior Court I in front of Judge Duane Huffer at an initial hearing March 14.
In November, DeMarco's mother Jenny Layne was arrested for allegedly obstructing justice and tampering with witnesses in the case.
On Nov. 7, Layne allegedly contacted a witness scheduled to testify against her son in a trial scheduled for January. Layne allegedly made threats to the victim in an effort to keep the victim from testifying at a deposition.
Layne reportedly had evidence that she contacted with the witness in her possession at the time of her arrest.
