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 ORD, Neb. - Former Valley County sheriff's deputy LeRoy Svoboda has filed three motions in connection with legal troubles stemming from incidents in which he impregnated a local mentally challenged woman, including a motion to withdraw his plea.
According to Valley County District Court records, Svoboda has filed a "motion to
quash," a "motion for a bill of particulars" and a "motion to withdraw his plea."
Svoboda had pleaded not guilty on May 19, 2009.
A motion to quash is often used for suppressing service of a summons, complaint or warrant or other legal proceedings. A bill of particulars is an itemization of charges, claims, or counterclaims in an action.
The case had been set for pre-trial on August 18, 2009, however, District Judge Mark Kozisek is now set to hear the motions on September 16, 2009.
Svoboda was arrested on March 17, 2009.
Dr. Brad Bigelow, a licensed psychologist, conducted an evaluation of the 28 year old woman. Bigelow concluded that she is a vulnerable adult who is not able to self advocate or make informal decisions on her own behalf. Which means she cannot give her consent for sex.
The sex resulted in pregnancy with the woman giving birth to a daughter on January 26, 2009.
Andrea Kemp, an Advocate at the Family Advocacy Network in Kearney, NE conducted a Forensic Interview of the woman. The woman told Kemp that Svoboda had sexual intercourse with her and that he was the father of her child. A paternity test was done and sent to the University of Nebraska Medical Center in Omaha. The results prove that Svoboda is the father.
The child remains a ward of the state, according to Jeanne Atkinson, Public Information Officer for the Nebraska Department of Health and Human Services.
Svoboda is formally charged with first degree sexual assault, a class 2 felony, punishable by up to 50 years in prison. He is currently free on bond, which was reduced by Judge Karin Noakes on April 6th from 10% of $200,000 to 10% of $15,000.
Svoboda had been in law enforcement for more than 3 decades, last employed as a deputy sheriff in Greeley County; he worked part time for the Ord Police Department.
In 2008 he worked for Valley County. Upon appointment of Casey Hurlburt as sheriff in May, 2008, Svoboda was not reappointed as a deputy. He subsequently filed an EOC complaint against the sheriff which was resolved in favor of the Sheriff.
According to Valley Country Sheriff Casey Hurlburt the case against Svoboda was turned over to the Nebraska State Patrol early in the investigation.
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