Layher's attorney files motion to dismiss

By Rusty Murry

Nevada Daily Mail

Former Bronaugh educator Lori Layher and her attorney, Christopher Mirakian, appeared in the Vernon County Circuit Court, before Presiding Judge James R. Bickel, on Monday, to argue a motion to compel filing and to inform Bickel that a motion to dismiss had been filed late last week.

In November of 2011, Layher was charged was with four felony counts of sexual contact with a student on public school property, one felony count of second-degree statutory rape and a one felony count of second-degree statutory sodomy.

Mirakian told Bickel that the prosecution had given the defense team all the information they needed on the adult witnesses, but had provided nothing on the juveniles involved in the case during the discovery phase of the case.

Mirakian argued that the a variety of allegations of "misconduct" of the juveniles involved did not have to remain sealed under case law.

The defense attorney asked for the records pertaining to alleged misbehaviors from the Vernon County Sheriff's Office and asked Bickel if the court would subpoena those documents. There was also talk of witnesses receiving compensation in exchange for testimony.

Special prosecutor Julie Tolle, an assistant state attorney general, assured the court that she was not playing "hide the ball" and said, "I will provide him with everything he is entitled to under the law."

Tolle argued that "most" of the information in the juvenile record "will not be relevant."

She also said that no one had been compensated for testimony in any way.

Mirakian responded by saying that his client faces very "serious allegations" and that it is "important for us to have all the documents we need before we start deposing people."

Bickel said he would take some time to "read through the suggestions and responses" before making a decision and would grant the state plenty of time to respond to the motion to dismiss.

Layher's case is scheduled to go to trial on March 27, 2013.

Layher, who had about a dozen supporters with her in the courtroom on Monday, remains free on a $100,000 bond.