Judge dismisses teacher's sex case

NORWALK — A Huron County judge dismissed a child sex case against a Monroeville Schools teacher at the prosecutor's request. On Monday, Judge James Conway approved a Huron County prosecutor's office request to drop charges against Holly Bauer, 42, of Monroeville. "Grounds for so moving are that further investigation is needed before the state can further proceed in this matter," county prosecutor James Sitterly wrote in a motion requesting the dismissal submitted last week. Sitterly requested the case be dismissed "without prejudice," which means the charges can be re-filed at a later date. Bauer's attorney, Jonathan McGookey, asked Conway to dismiss the case "with prejudice," meaning the charges could not be refiled later. On Monday, the judge dismissed the case without prejudice. What was dismissed These 16 charges against Bauer are now dropped after Conway dismissed the case: • Five counts of unlawful sexual conduct with a minor, each a third-degree felony • Four counts of sexual battery, each a third-degree felony • Three counts of rape, each a first-degree felony • Two counts of failure to comply with underage alcohol laws, each a first-degree misdemeanor • One count of burglary, a second-degree felony • One count of trespass in a habitation, a fourth-degree felony It wasn't immediately clear if and when the prosecutor's office intended to seek a re-indictment, and if the charges sought in a re-indictment would remain the same or differ in any way. At the court Monday Bauer was supposed to appear in front of a judge on Monday, but all discussions between the attorneys and the judge and the judge's dismissal order apparently occurred in a conference room of the court out of public view. Bauer was accused of engaging in sexual conduct with a child she taught in her role as a social studies instructor, according to investigative records provided to the newspaper through a public records request. McGookey said the case can be refiled from now until the end of the statute of limitations, which is a 20-year window. "Obviously, we would have liked (the dismissal) to have been 'with prejudice' based on the state's violations of her rights," McGookey said. "'Without prejudice' leaves the uncomfortable situation that she's never going to know if she gets charged again or when that might happen." Bauer was originally placed on paid leave from the district last September and has not returned to her position since then, according to Monroeville superintendent, Krisitin Kaple-Jones. After her arrest on March 7, her leave became unpaid.