By Matt Ward
The criminal case against a former Pahrump elementary school principal was dropped last week by the Nye County District Attorney’s Office.
Holly Lepisto, the former top educator at Floyd Elementary School, had faced a single felony count of child abuse stemming from allegations she covered up for a longtime special education teacher accused of physically abusing special education students.
Lepisto’s arrest made headlines in November 2010 when she was taken off school property in handcuffs in the presence of students by detectives investigating the allegations against special education teacher Sarah Hopkins, who is set to go to trial on a felony child abuse charge in May 2013.
An order signed by District Court Judge Kimberly Wanker and dated Aug. 3 not only bars prosecutors from bringing any new charges against Lepisto in the case but grants her immunity if she testifies against Hopkins.
District Attorney Brian Kunzi said his office has already subpoenaed Lepisto to testify. He said he made the decision to have the case against Lepisto dismissed because he could not try the women together in a unified trial — Lepisto chose to exercise her right to a speedy trial during a hearing earlier this summer; Hopkins chose to set her trial date in the middle of next year.
Kunzi said that another obstacle his office faced in trying the women was that each made remarks that could be used against the other at trial.
“Basically I had to choose which one to go after . . . I made a decision to cut bait on one to make sure we get the other,” the DA said.
Contacted at home on Monday, Lepisto said a weight was definitely lifted off her shoulders now that her legal ordeal is over. She referred to her attorney, Bret Whipple, for further comment.
Whipple could not be reached for comment as of press time.
Lepisto has been on paid administrative leave since her arrest. Nye County School District Superintendent Dale Norton said she would be eligible to return to work once he is officially informed of her case’s dismissal.
“She’s an employee. She can go back to the status of position that she left,” he said.
Lepisto may not be able to go back to Floyd since that job was filled in her absence. Norton said he would have to look at the school district’s master contract with administrators to determine how best to move forward.
Lepisto said she was looking forward to getting back to work.
The dismissal of Lepisto’s case follows the dismissal of charges last year against teacher’s aide Kathryn Cummings, who faced similar charges. Another aide, Phyllis DuShane, ended her legal troubles by pleading guilty to a misdemeanor battery charge in December 2010. She received 150 hours of community service after admitting to swatting a student’s behind and “popping” a student on the mouth.
Hopkins, Cummings, DuShane and Lepisto were all originally arrested on multiple felony charges stemming from allegations of physical abuse of handicapped students as young as 6 years old in Hopkins’ special ed class. Hopkins and the aides were each arrested at home. Lepisto, however, was forced to endure a tearful, very public arrest that outraged some members of the community who blamed the sheriff’s department for engaging in “cowboy” style policing. Lepisto was arrested for allegedly misleading a detective on the case.
After news of the arrests broke, relations between this newspaper and Sheriff Tony DeMeo were strained for a time because the PVT quoted some residents questioning the tactics used by detectives in the case to develop evidence.
After detailed police reports became public months later, however, the state’s case against the women appeared to be much stronger, particularly against Hopkins.
Multiple witnesses testified in later preliminary hearings of seeing Hopkins and her aides being overly physical with some of the young handicapped students under their care. Witnesses also said they alerted Lepisto of more than one incident and that it appeared nothing had been done to stop them.
Hopkins remains the sole defendant in the case now. A number of locals have banded together hosting events to raise money for her legal defense.
She has repeatedly chosen not to comment to the press.
Dropped the charges on Lepisto, but then says she is immune if she testifies? Which is it? I would sue the county’s pants off, where is she going to get gainful employment? Poor Sheriff Tony got his feelings hurt because you were doing your job? Had he been doing his, witnesses and participants in an ongoing case would have been advised as to how to handle the media.. just a thought…
I’m glad to hear it. But now that her name has been dragged through the mud, how will this newspaper step up to make amends? I hope she will be able to move on and not have this mark on her educational record.
Two cases of false arrest that Det. Burkowitz was involved in in the same week. How does this man still have a job. She was arrested in front of her students in a act where the sherriffs were trying to get publicity. Det. B tried to make his case in the paper before the paperwork was even turned in and this man has the nerve to sue the county for false arrest? Can we get rid of him please?
False arrest?? Did you not read the article? I thought the District Attorney was pretty clear as to why he dropped the charges.
Another example of catch and release.
Seriously?? Did you not read the article people! Poor Ms Lepisto? “She’s an employee. She can go back to the status of the position that she left,” and has been on PAID leave since her arrest! She has suffered public scrutiny because of what she did in covering up/IGNORING teachers reports of abuse. She is by far innocent! The DA, “made the decision to have the case against Lepisto ‘dismissed ‘because he could not try the women together in a unified trial”, “Basically I had to choose which one to go after . . . I made a decision to cut bait on one to make sure we get the other,” Does that say she was wrongfully accused, innocent?! How about the child & his mother? I know the parent and child the teacher abused and principal Lepisto’s turned a blind eye to. Some people in this town just look to skirt blame on others they don’t like or disagree with instead of holding accountable those that have done the wrong. I am so ashamed at the people that have made these comments and you should be ashamed of yourself. This was a child for God’s sake, a child with down’s syndrome! He, along with his mother trusted these people. How can she ever trust anyone with her child again? How can any parent out there allow this woman to get her job back! Maybe she didn’t do the beating, but she had just as big a hand in it. This is just more proof of the backward thinking in this nation; education, children should come first. I am absolutely abhorred by anyone that could defend this woman.
Until she is convicted in a court of law, she IS innocent.
Glad we have an efficient legal system that has taken this long while the taxpayers are on the hook for salaries while people sit home waiting. Sounds like the Sheriff’s Office and the D.A. are the gang that couldn’t shoot straight. It will be a shame if the only one convicted in this whole sorry mess is the elderly teachers aid that pled just to get things over with. Yes, the NCSD has to give Lepisto her job back, but does she get to bump back to Floyd Elementary because of her seniority? I think there will be a lot of back peddling by the D.A. who obviously did not handle this case correctly.
“grants her immunity if she testifies against Hopkins”, ” has already subpoenaed Lepisto to testify”, “made the decision to have the case against Lepisto dismissed because he could not try the women together”,“Basically I had to choose which one to go after . . . I made a decision to cut bait on one to make sure we get the other,”Witnesses also said they alerted Lepisto of more than one incident and that it appeared nothing had been done to stop them” All I can say is if she knew it was happening, she is guilty like the others. She got off because she is testifying against the other is the way I see it. Just my opinion.
“….relations between this newspaper and Sheriff Tony DeMeo were strained for a time…..”
A healthy distance between the press and law enforcement is just that – healthy.
Are you kidding me?? I can’t believe what I am reading here! Since when did it become acceptable for an adult to hit a child… a child that cannot defend themself or even speak on their own behalf? And when did society decide that a school principal, the person who is in charge of our children’s safety and directly responsible for ENFORCING that safety, should be allowed to keep her job when she not only KNEW abuse was happening, but covered it up?! Really? She has admitted she knew all this and is willing to testify against her staff to those very facts! And to top it all off, you want to criticize the police for “dragging” her out from school in handcuffs, in front of her students and staff, in such a humiliating manner? Get real! Where was she when the kids were being hit and pinched and humiliated? She should have been dragged out of the facility by the parents of the children she allowed her staff to abuse, and they should have been doing to her exactly what she allowed her staff to do to the children! Shame on all of you who think this is any kind of acceptable behavior. Heaven pray that this never happens to any of your loved ones! Karma is a b****!!