SIDNEY — Nearly a year after the alleged incident, Jackson Center Police Joseph Cotterman is getting his day in court, again.

Cotterman, 36, a Jackson Center resident, is accused of having sexual contact with a 19-year-old female on Jan. 27, 2016. The original jury trial ended with a mistrial in October.

On Tuesday in Shelby County Common Pleas Court, a jury was seated, opening statements were given by the prosecution and defense attorneys, and the victim gave part of her testimony.

The charge against Cotterman is gross sexual imposition, a fourth-degree felony. Shelby County Prosecutor Tim Sell said there are two elements to this, “Was there sexual contact? and Was there force or threat of force?”

Defense Attorney Jeremy Tomb agreed a central issue of the case is going to come down to “Was there force or a threat of force?”

During his opening statements, Sell pointed to several things he aims to prove and use over the course of the trial.

“There is a size difference. We will prove he was in uniform and carrying his service revolver. There is a significant age difference. And he knew she was married. This was also only the second time they’d met,” Sell said.

He told the jury they would have to decide the credibility of both the victim and Cotterman.

“He gave two different statements. During his first interview (with detectives) he said 25 times he had no contact with her. During the second interview he told a different story,” Sell said.

Tomb agreed the credibility of the victim and his client would be a big part of the case. He suggested the actions that lead to the alleged incident were unprofessional of Cotterman, but not illegal. He said the DNA evidence the prosecution will present is not consistent with the victim’s story. Tomb also said the victim’s story has not been consistent.

“The victim’s testimony will be the most critical,” Tomb said to the jury. “You will need to take proper consideration and weight.” He then touched on her credibility again, said their size difference wasn’t a factor, and the fact she was married had nothing to do with the alleged incident.

Both Sell and Tomb went over the details of the events of Jan. 27, 2016, with the jury, and again with the victim when she testified.

They gave details about how the victim called Cotterman to help her with some legal matters. It was reported in court Cotterman offered to take her to the Shelby County Sheriff’s Office, and then on the way back to Jackson Center from Sidney they stopped by his home. This is where he allegedly invited her inside and forcibly kissed her and put his hands down the front and back of her pants.

There was dispute about a cell phone Cotterman gave to the victim. The alleged reason they were at his home that day was so he could give her a cell phone. She testified she did not know the reason they stopped at his home.

It was explained how Cotterman had been called to the victims home two weeks prior because she was contemplating suicide.

During the cross examination of the victim, Tomb was showing the jury some Facebook messages between the victim and her husband regarding her threatening to kill herself. Sell made an objection about not needing to see some of the messages because they didn’t have to do with the case.

Judge James Stevenson decided to dismiss the jury for the day at that point to go over “a definition issue” with the attorneys.

The trial will start back up on Wednesday morning at 9 a.m. with more of the cross examination of the victim. It is expected to last at least three days total.