Change of venue OK'd in sexual contact case against former teacher in Benson, Minnesota
Jul. 24—BENSON
— A district court judge has granted motions allowing for both a change of venue in the sexual contact case against former Benson elementary instructor Roger Joseph Ebnet and for the state to argue for an increased sentence if he is convicted.
Ebnet, 60, of Benson, was charged in Swift County District Court with three counts of felony criminal sexual conduct in the second degree on Nov. 30, 2022, for alleged sexual contact with three boys, ages 7 and 8, in his second-grade classroom in Benson.
In her ruling filed July 18, District Judge Melissa Listug approved a defense motion to move any pretrial hearing or jury trial for Ebnet to Meeker County. The judge concurred with a motion by defense attorney Daniel Mohs that it would be impossible to procure an impartial jury in Swift County due to pretrial publicity in the case.
The prosecution did not oppose the request for a change of venue. The judge stated in the ruling that the change of venue may also be approved due to the convenience it represents. The special prosecutor for the case is Meeker County Attorney Brandi Schiefelbein.
The judge also ruled that there is probable cause that aggravating factors may be present to allow the state to argue for an increased sentence if Ebnet is convicted on any of the counts. The judge agreed with arguments by the prosecution that the alleged victims present "particular vulnerability due to age" and that Ebnet allegedly "intentionally selected the victims because of their actual or perceived gender." Both represent aggravating factors.
The ruling follows a May 31 hearing in Swift County in which the investigating police officer testified. School Resource Officer Paula Wilson, who has 21 years of law enforcement experience, began her investigation after receiving a report from a parent with a daughter in Ebnet's second-grade classroom.
The parent reported that her daughter was not getting help in school because the defendant allegedly "spends most of his time with his favorite student, a boy who sat on the defendant's lap," according to the court ruling.
The report reminded Wilson of a similar report from years prior, and she pursued the installation of a camera in the defendant's classroom. The camera was installed without the defendant's knowledge and focused on a rug and reading area.
Ebnet allegedly had three separate minor males seated between his legs at various times on Nov. 30, 2022. The complaint states that Ebnet appears to have the children close their eyes and face away from him.
Ebnet is observed in the video placing the boys' hands behind their backs and under his own groin area as he moves behind them, according to the complaint.
The case is scheduled for a settlement conference on Sept. 18.
