Spiro Lempesis

Former Concordia baseball coach Spiro Lempesis’ convictions for his alleged sexual assault of a former Concordia baseball player when he was a minor has been overturned by an Illinois Appellate court.

In their 43-page ruling, released New Year’s eve day, three justices found that Lempesis’ right to fairly and effectively defend himself against criminal charges was denied him by rulings Judge Gregory Ginex made regarding a subpoena filed by his defense attorneys.

Justice Nathaniel R. Howse Jr. wrote that Ginex committed what’s called “reversible error” when he “effectively limited defendant’s subpoenas to a request for witnesses with knowledge of prior inconsistent statements by (Lempesis’ accuser Anthony Collaro).”

That limitation on the defense’s subpoena for production of evidence, Howse wrote, “prejudiced defendant because defendant’s subpoena sought relevant and material information that could have aided in his defense and the trial court failed to conduct an in-camera examination of all of the material potentially responsive to the subpoena to determine if it was discoverable or subject to the work product privilege.”

The justices also ruled that Ginex erred when he allowed Collaro, who had no professional competence on the subject, to testify that he had experienced “recovered memories” during psychotherapy.

“Anthony Collaro’s references to ‘repressed memory’ were improper,” Howse wrote. In the event of a second trial, he said, Collaro “may only offer testimony based on his personal knowledge but may not describe a specific medical diagnosis.”

The ruling ordered Lempesis’ case back to the trial court for a new trial. Ginex, who convicted Lempesis after a bench trial in December 2017, is now retired. Lempesis has already served more than two years of the 10½-year sentence Ginex imposed.

The Cook County State’s Attorney’s Office balked at the overturning of the conviction, issuing a statement saying, “We disagree with the ruling in this case and will petition the court for a rehearing on the matter.”

In a telephone interview from the Robinson Correctional Center Jan. 1, Lempesis said he was told that among the possibilities in the wake of the ruling are a new trial, the charges being dismissed, or a negotiated plea deal, most likely for time served.

Lempesis said that he will not accept any plea deal if offered, and, if faced with a second trial, that he will demand a jury and will testify under oath in his own defense.

He expressed both elation and frustration.

“I have a full range of emotions that are hard to describe. Yes, I was elated with the decision. I feel like the weight of the world has been lifted off my shoulders a bit.”

Lempesis said his elation was tempered by the possibility that his release may take weeks and even months to secure.

“I can’t get an answer from anyone about what happens next,” Lempesis said. He said his attorney expects he will have a bond hearing sometime in the next several days.

“I should be treated as innocent until proven guilty,” he said. “I should get my freedom back quickly.”