ELYRIA — A 50-count indictment against James Osborne for his alleged involvement in the rapes of four children at ABC Kidz Child Care in Elyria was unsealed Monday.
The indictment follows a 32-count indictment, including rape, kidnapping and other charges, handed down last week against Osborne’s fiancee, 25-year-old Heather Koon, who is accused of raping children at the day care center where she worked at the behest of Osborne.
Osborne, 34, faces eight counts of complicity to rape, 24 counts of complicity to kidnapping and four counts each of pandering obscenity involving a minor, pandering sexually oriented matter involving a minor and illegal use of a minor in nudity-oriented material. He also is charged with engaging in a pattern of corrupt activity, failure to register a change of address, tampering with records, tampering with evidence and two counts of conspiracy.
Prosecutors have said Osborne, a registered sex offender, urged Koon to rape the children, the youngest of whom was 1-year-old, at the day care center on North Abbe Road. She allegedly videotaped the molestations.
Mike Duff, Osborne’s attorney, has said his client did not participate in the molestations, and on Monday he called the indictment against his client vague.
He said the timeframe provided in the documents covered all of 2013, and prosecutors should have narrowed down when the alleged criminal conduct took place.
Earlier court documents had indicated that at least two of the victims were raped in March.
Lorain County Sheriff’s deputies first arrested Osborne on Sept. 26 while investigating whether he was living at Koon’s Blaine Street home in Elyria instead of the Oberlin address he had registered with the county.
Deputies seized an iPhone and a laptop computer and discovered the videos of the alleged rapes, which led to Koon’s arrest Oct. 4.
Duff has acknowledged his client had an explicit photo of a preteen girl on his phone, but insisted it was downloaded from the Internet. Prosecutors have said the evidence recovered was far more than images taken from online sources.
Deputies and prosecutors have said the investigation into whether there are additional victims, including at other day care centers where Koon worked, is ongoing.
Koon and Osborne are expected to be arraigned Thursday.