UPDATED: Prosecution Broke Rules in Kurt Virgin Investigation, Attorney Alleges

Kurt Virgin, a well-known coach and sports camp coordinator at Eagan High School, was accused of stealing thousands from the school district. But the allegations aren't true, his attorney says.

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Do prosecutors have a case against Kurt Virgin, a former sports coach and camp coordinator accused of swindling money from Eagan High School?

Not according to Virgin's defense attorney, Paul Rogosheske.

Rogosheske filed for a contested omnibus hearing during Virgin's first appearance in Dakota County court on Tuesday. In his filing, the attorney argues that much of the prosecution's evidence in the case is inadmissable because the prosecution broke the rules by using information gathered by the school district in its questioning of Virgin regarding his potential misconduct.

Earlier this year, Virgin was charged with six felony counts of theft by swindle following an investigation into his actions by both school district officials and Eagan police. Virgin was put on paid leave in 2011, and tendered his resignation in January 2012.

Investigators allege that Virgin skimmed $16,595.42 from registration fees and $12,589 from team fundraisers between 2009 and 2011, for a total loss to the school district of $29,184.42.

District officials, Rogosheske said, gave Virgin a Garrity warning before interviewing him in 2011 regarding his handling of sports program finances. A Garrity warning guarantees that information or self-incriminating statements obtained in an disciplinary interview will not be used against the subject in a criminal proceeding.

Despite the Garrity protections, Rogosheske said, prosecutors used the information obtained from Virgin during the hearing as the basis of their criminal case against him.

"You can’t do that, it’s black letter law," Rogosheske said.

But even that won't matter in the end, Rogosheske said, because Virgin didn't steal any money from the high school.

Virgin may not have run all of the sports program finances through school district channels, Rogosheske said, but he didn't keep any program money for personal use.

“He’s not taking a trip to Vegas and gambling the money, or building a pool in the backyard," Rogosheske said. "There wasn’t one dime that Kurt Virgin took from the school."

In fact, Virgin may have saved the school money, Rogosheske said. Because he ran the finances and paid coaches in cash, Virgin kept employees off the district's payroll. Virgin also accepted less in compensation by privately running the camps than he would have been paid if he went through district channels, Rogosheske said.

"He didn’t steal one red dime, and we’ll show that hands down," Rogosheske said.

Virgin is scheduled to appear in court again at a contested omnibus hearing at 9 a.m. on March 1, 2013.

Dakota County Attorney Jim Backstrom declined to immediately comment on the contested omnibus motion.

"We will be responding to Mr. Rogosheske’s claims prior to and at the next hearing in this case which is set for March 1st," Backstrom said in a written statement.

School District 196 spokesperson Tony Taschner said the district, as a general rule, does not issue Garrity warnings when interviewing employees. Taschner declined to comment specifically on whether district officials employed such a tactic when speaking with Virgin.

Clarification: This article has been changed to reflect a clarification. The prosecution, not the school district, would be responsible for a violation of Garrity rights under Attorney Paul Rogosheske's filing.

Marsha Marsha Marsha November 21, 2012 at 06:07 PM
Like everyone else he is due his day in court. Let the legal authorities decide who did what wrong and don't condemn anyone until we have all the facts.
Wartie November 21, 2012 at 07:51 PM
I never got invited to any pool parties and I played for Kurt for years!
Jane Doe November 29, 2012 at 04:38 AM
Can't wait to see the worm turn on the district on this one.
Jane Doe November 29, 2012 at 04:39 AM
And really your going to go to the pool issue? Nice neighbors. NOT.
MGM4706 December 15, 2012 at 12:34 AM
Think it is odd that a coach got money sentdiectly to him and is now chatged with several felonies for it coming us missing? Guess the School Board doesn't think losing that moneyboard to mis-manage!! was so bad becuase that policy is still in place!! My neighbor just sent a check directly to a coach. School Board told Eagan voters they would tighten controls over finances when we had the fiasco with the superintendant a few years ago but obviously NOTHING has changed. But raise our taxes for MORE money for this


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