Convicted child rapist appeals prison sentence

Regas argued the trial judge did not abuse his discretion in the sentence because the charges Koon pleaded to only hold the possibility of two sentences; life without parole or 15 years to life.

Convicted child rapist Heather Koon is appealing her sentence of life in prison without parole.

Koon, 29, of Elyria, pleaded guilty to four counts of rape, kidnapping and pandering obscenity involving a minor for the four victims at ABC Kidz Day Care, and illegal use of a minor in a nudity oriented material or performance for a fifth victim, and two counts of illegal use of a minor in a nudity-oriented material or performance for a sixth victim for raping children younger than the age of three and sending videos of the crimes to her boyfriend James Osborne, 38, of Elyria.

Koon was sentenced Nov. 29, 2016.

Osborne also is serving life in prison without parole for his part in the crimes.

In a hearing Oct. 19, Koon’s attorney, John Toth argued there are two assignments of error in Koon’s sentencing before appellate judges Donna J. Carr, Jennifer Hensal and Julie A. Schafer of the Ninth District Court of Appeals, who heard the case in Lorain County Common Pleas Court.

According to Toth, Lorain County Common Pleas Judge James L. Miraldi abused his discretion in sentencing Koon to life.

He said because of Koon’s young age (24 at the time of the crimes), lack of criminal record, lack of substance abuse issues and her own history as a victim of sexual abuse, a life sentence wasn’t fit.

Toth also pointed out that the docket entry describing Koon’s sentence only said she was to serve life at the Ohio Reformatory for Women and did not include the lack of parole.

“I appeal that issue saying that wasn’t a valid sentence,” Toth said.

He asked the court to grant Koon a resentencing.

Lorain County Assistant Prosecutor Allan Regas argued on behalf of the state of Ohio.

“In this case, Heather Koon is simply evil,” Regas said.

He continued describing how Koon abused her position as a day care worker to prey on young children for her boyfriend’s perverse pleasure.

Regas argued the trial judge did not abuse his discretion in the sentence because the charges Koon pleaded to only hold the possibility of two sentences; life without parole or 15 years to life.

The appeals court judges will publish their decision at a later date.