ELYRIA — Heather Koon, the day care worker accused of raping two children at ABC Kidz Child Care, waived a preliminary hearing Tuesday and agreed to have the two rape charges she faces bound over to a county grand jury.
By waiving the preliminary hearing, in which prosecutors would have been required to present some of the evidence they’ve gathered against her, Koon admitted there was probable cause to justify her arrest, Elyria Municipal Court Judge Lisa Locke Graves said.
Dan Wightman, Koon’s attorney, said he typically likes to have a preliminary hearing so he can find out what evidence prosecutors have. But, he said on Friday, Lorain County Prosecutor Dennis Will’s office shared some of the evidence they’ve put together against Koon, negating the need for a hearing.
“The case is still under investigation, and there was no need to go forward with a preliminary hearing at this point,” he said.
Wightman declined to discuss exactly what evidence prosecutors shared with him last week.
Koon was arrested Oct. 4, a little more than a week after her boyfriend, registered sex offender James Osborne, was taken into custody for allegedly living at Koon’s Blaine Street home in Elyria, rather than at the Oberlin address he had registered with the county.
County sheriff’s deputies and prosecutors have said that they seized an iPhone and a laptop computer when Osborne was arrested Sept. 26 and discovered images that led to the accusations that Koon had raped a 1-year-old and a 2-year-old at ABC Kidz on Abbe Road in Elyria.
Although Osborne’s lawyer, Mike Duff, has acknowledged his client had a sexually explicit photo of a preteen girl on his phone, he insisted that image was downloaded from the Internet.
But Assistant County Prosecutor Tony Cillo said last week that the evidence indicates that the images taken from the electronic devices are more than pornography taken from the Internet.
He also said that Koon committed the rapes at the urging of Osborne.
Deputies are continuing to investigate whether there are additional victims, either at ABC Kidz or the other day care centers where Koon has worked.
Koon, 25, is being held in lieu of a $2 million bond. The 34-year-old Osborne is being held on a more than $3 million bond. He is due in court again later this month.
Contact Brad Dicken at 329-7147 or firstname.lastname@example.org.