Prosecutors dismissed charges against a former Central Catholic High School assistant girls soccer coach and substitute teacher on Tuesday based on evidence and legal issues.
Kathryn Vose, 29, of Perrysburg, was previously indicted by a Lucas County grand jury on charges of sexual battery, disseminating matter harmful to juveniles, and corrupting another with drugs, all felony offenses. A trial for Vose was scheduled to begin Tuesday in Judge Linda Jennings’ courtroom on the allegations that the former assistant soccer coach began having a relationship with one of her players while she was still employed.
However, Vose claimed that she had ended her employment in May, 2018 — before beginning a relationship with the girl.
On Tuesday, prosecutors said they were unable to prove their case at this time because of evidentiary and legal reasons, assistant county prosecutor Michael Bahner said. Additionally, the alleged victim in the case was “highly uncooperative,” he said.
“The State of Ohio, while we certainly don’t condone the conduct of Vose — we find it highly inappropriate for someone in her position to start dating a teenager, we find it reprehensible — this is not the court of moral character or principles. This is a court of law, and for that reason, judge, we for evidentiary considerations move to dismiss this case,” Mr. Bahner said.
Judge Jennings said she too must follow the law and ordered the case be dismissed without prejudice.
The investigation began in October, 2018, when the girl’s mother reported a possible inappropriate relationship between her daughter and Vose, who served as the assistant girls soccer coach the previous school year. Investigators gathered what they believed was enough evidence to pursue charges, Mr. Bahner told Judge Jennings.
Through an investigation of the girl’s cell phone, investigators found text messages and nude photographs of both the alleged victim and Vose. Pictures on the alleged victim’s phone showed Vose topless — a depiction which does not legally rise to the level of obscene, both prosecutors and the defense attorney agreed. Prosecutors say it’s a conflict of the law.
“Currently, the law in the State of Ohio leads to the situation that a 17-year-old girl can have consensual sexual relationships but could be committing felony offenses for having photographs on her phone for the person they are legally having consensual sexual relationships with,” Mr. Bahner explained.
In other words, a 16-year-old may have a consensual physical relationship with an adult. However, the juvenile may not have photographs of that same adult’s body parts — such as breasts, as in his client’s case, said defense attorney Jerome Phillips.
At the time the photos were taken, Vose had moved to Seattle to continue her education, Mr. Phillips said. Vose sent the photos to the alleged victim, who was residing at a residence in Wood County — which would not give the Lucas County Common Pleas Court jurisdiction to hear the case.
Vose declined to comment through her attorney on Tuesday. The girl and Vose are still in a relationship, Mr. Phillips said.
Separately, through this case, Vose was required to submit a DNA sample. Through that sample, Vose was linked to a pending burglary case in Cuyahoga County.
On Dec. 21, 2017, Vose entered the residence of a woman and stole personal items, according to a Cuyahoga County indictment.
Vose entered a guilty plea in Cuyahoga County Common Pleas Court on Oct. 15 to a fourth-degree felony of burglary. She was sentenced by Judge Nancy Fuerst in November to one year of community control. She was ordered to pay restitution in the amount of $1,750 and have no contact with the victim.
If she violates the terms of community control, she could face up to 16 months in prison.
First Published January 14, 2020, 6:29 p.m.
