Former Benson teacher Roger Joseph Ebnet’s attorney was before 8th Judicial District Court Judge Melissa Listug Friday arguing for two of the 10 criminal sexual conduct in the second degree to be dismissed.
February 18, Ebnet’s Minneapolis attorney Dan Mohs filed the motion to dismiss counts seven and nine Feb. 18. Both counts carry a maximum sentence of 25 years in prison and a $35,000 fine.
There was no information on when to expect Judge Listug’s ruling on the motion.
Mohs argued that counts seven and nine were “duplicitous, confusing, and unnecessary” in light of the charges in counts six and eight against Ebnet. He argued that “the state must allege that the defendant engaged in sexual conduct with victims C and D under additional facts or circumstances not alleged in counts six and eight.”
The wording in counts six, seven, eight and nine, involving victims C and D is identical except that six and seven refer to a person 13 years of age and counts eight and nine refer to a victim 14 years of age.
Ebnet, 60, is currently free on $25,000 conditional bail. A jury trial is scheduled to begin Oct. 22 and possibly last through Nov. 1 in Meeker County District Court in Litchfield. A change of venue from Swift County to Meeker County was approved by the court earlier.
In early February, Ebnet was charged with seven new felony criminal sexual conduct counts in the 2nd Degree based on new testimony from individuals claiming they were abused.
These new charges span a time from more than 20 years, from 1993 to 2022.
Each of the charges carries a maximum penalty of 25 years in prison and a $35,000 fine. All the charges follow a similar pattern with Ebnet where they are either seated on his lap, next to him where contact with his groin area is made, or on a rug with classmates, and they are supposed to have their eyes closed. All were students in his elementary classes.
In the statement of probable cause section of the charges, Victim A says he had learned of Ebnet being arrested on the criminal sexual conduct charges, and “experienced a whirlwind of emotions.”
Four of the alleged new victims range in age from 9 to 15 while the other four are adults. The students had Ebnet as a teacher for the 2014-15, 2020-21, and 2021-22 school years.
Ebnet is out on bail with GPS monitoring and is currently living in Morris.
He is to have no contact with alleged victims and no contact with persons under the age of 18. He is to stay a “reasonable distance” from the residence of his alleged victims. He is also to not use or possess firearms or dangerous weapons.
Ebnet was first arrested Dec. 2, 2022, after the Benson police obtained video from Ebnet’s classroom at the Northside Elementary School showing officers what appears to be sexual acts involving three of the students.
He was charged with three counts of criminal sexual conduct: 2nd Degree – Contact Under 14 – Actor more than 36 months older. Each of the three counts carries a maximum penalty of $35,000 and 25 years in prison.
Meeker County Attorney Brandi L. Schiefelbein is acting as special assistant Swift County Attorney in the prosecution of Ebnet.
Ebnet entered not guilty pleas to the initial three second degree criminal sexual conduct charges in 8th Judicial District Court at his omnibus hearing March 28, 2023.
His hearing was conducted remotely with more than 350 people logging on to hear the proceedings. Ebnet was represented at the hearing by Minneapolis attorney Dan Mohs.
In a filing Jan. 27, 2023, Schiefelbein notified the court that she intended to seek a departure from the Minnesota Sentencing Guidelines at trial based on aggravating circumstances in the case. Those aggravating circumstances included the ages of the children, a claim he intentionally sought out young boys, “sophisticated planning and manipulation by the defendant,” and “the children’s inability to understand they were being abused.”
A request for the departure from sentencing guidelines is sought when “the defendant’s conduct may be deemed significantly more serious than that typically involved in the commission of the sentenced offense.”
Schiefelbein states in her departure motion the victims “were in the first semester of second grade and their ages were seven and eight years old at the time of the offense.”
A departure from sentencing guidelines would mean a longer sentence and possibly higher fines.
In a ruling issued July 18, 2023, 8th Judicial District Court Judge Melissa Listug granted the prosecution’s request for a departure from state sentencing guidelines.
