LIMA — A Lima woman who earlier this year was ruled “incompetent but restorable” to stand trial on charges of rape and related sexual contact with minors will not be tried on any of those charges.
Allen County Common Pleas Court Judge Jeffrey Reed, who in July had ordered 35-year-old Tammy Phillips to undergo a six-month mental health evaluation at the Northwest Ohio Developmental Center in Toledo, on Tuesday accepted the opinion of a psychologist at the center that Phillips is not now and will never be competent to stand trial.
The opinion, authored by Dr. Joseph Kovesdi, said Phillips remains moderately mentally disabled and is in need of “24-hour supervision.”
Phillips was indicted by an Allen County grand jury in May on three counts of rape, first degree felonies, and unlawful sexual conduct with a minor, a felony of the third degree.
According to court documents, Phillips on or about March 21, 2017, did engage in sexual conduct with a person, John Doe, who was less than 13 years of age at the time of the incident. A 10-year-old victim also told police he had sex with Phillips at a North Main Street residence in Lima. Phillips told law enforcement authorities she had sex with the 10-year-old and two other juveniles.
Phillips was brought from Toledo to Lima on Tuesday for a hearing that was intended to help determine the local court’s continuing jurisdiction over the woman. But that hearing was postponed when Kovesdi was unable to make an appearance.
Assistant Allen County Prosecuting Attorney Kenneth Sturgill said it is the state’s position that the local court should retain jurisdiction over Phillips, “but due to Dr. Kovesdi’s unavailability today, we are not willing to move forward.”
Reed said a hearing will be held “within a week or two to determine if the court should retain jurisdiction.”
Until such a ruling is made, Reed ordered Phillips to return to the psychiatric hospital in Toledo.