Cotterman jury trialcanceled, case dismissedat prosecutor’s request

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SIDNEY — A jury trial, which was scheduled to begin Tuesday, was canceled when Shelby County Prosecutor Tim Sell asked that a rape case against Jackson Center Police Chief Joseph Cotterman be dismissed.

A three-day trial had been scheduled in the case against Cotterman, who was indicted by the grand jury on Sept. 1, 2016. He was accused of having sexual conduct with a 17-year-old girl. The incident allegedly occurred between Jan. 1, 2009, and May 31, 2009.

The request to dismiss charges without prejudice was filed in Shelby County Common Pleas Court, Monday. Court costs were charged to the state.

“This case came as a late-reported rape,”said Sell, Tuesday afternoon, in explaining his decision to file the request. The rape was not reported until 2016.

Because it was reported numerous years after it had alledgedly taken place, there was no physical evidence which could be used at the trial.

When a rape is reported, explained Sell, a nurse will do an examination of the victim and collect evidence for possible prosecution. Even with no physical evidence, Sell had felt the victim’s statement was truthful and presented the case to a grand jury.

“Even with the delay of reporting (the rape), I felt comfortable presenting (the case) to the grand jury,” said Sell. “(The grand jury) was 100 percent behind the indictment even though there was no physical evidence.”

The circumstances surrounding the case changed about two months ago, said Sell.

“When the victim was interviewed, she was asked if she had told anyone what had happened,” said Sell. “She gave us a name, but we couldn’t find the person.”

Two months ago, that potential witness was arrested in another matter and was interviewed by the sheriff’s office concerning the Cotterman case. The individual made a statement that was inconsistent with the victim’s statement.

“Because of the conflict between the two statements, I felt there would be a problem in making the case beyond a reasonable doubt,” said Sell.

The witness’s statement, he said, was turned over to Cotterman’s attorney.

Sell said the decision to dismiss the charges was entirely his.

“I felt the new statement impacted our ability to secure a conviction,” said Sell. “We won’t be refiling new charges in the case.”

Cotterman has been on unpaid leave since May 2016. He had been on paid leave in February 2016 following the filing of a criminal complaint against him. In March 2016, he was indicted on one count of gross sexual imposition. He was found not guilty of the charge after a three-day trial in January 2017.

When asked if Cotterman would be reinstated as police chief, Jackson Center Village Administrator Bruce Metz said the village council will review the situation before any decision is made.

Cotterman
http://aimmedianetwork.com/wp-content/uploads/sites/47/2017/05/web1_Cotterman-Joe13.jpgCotterman

By Melanie Speicher

[email protected]

Reach the writer at 937-538-4822.

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