Enhanced penalty possible for West St. Paul teacher guilty of sex abuse

Jurors's findings of special circumstances in the case of the teacher-coach convicted of criminal sexual conduct means she could be sentenced to jail time.

November 24, 2009 at 5:56AM

During the trial of a former West St. Paul teacher and basketball coach, the parents of a student athlete fought tears as they listened to what prosecutors said had happened to their daughter.

Then Friday, those parents listened as a jury convicted Melissa D. Koehn on three felony counts of fourth-degree criminal sexual conduct. And even though state sentencing guidelines called for no jail time, jurors gave them reason to hope that Koehn may yet wind up behind bars.

The jurors issued a post-verdict finding that could become a factor in a judge's decision, next February, of whether to mete out a tougher penalty on Koehn, 31, of Kenosha, Wis.

After convicting Koehn, jurors were asked two questions: Was the victim particularly vulnerable because of reduced mental or emotional capacity? And did the offender know it or should she have known?

The jurors answered yes to both, and their finding of those "aggravated circumstances" is now among factors that Judge Robert King Jr. will take into account as he decides whether to exceed the guidelines, which call for a two-year stayed sentence on each count.

County Attorney Jim Backstrom said his office is pushing for plenty of jail time.

"Obviously, these types of cases are always disturbing," Backstrom said.

There must be criminal sanctions, he said, for someone in a position of authority who takes advantage of kids.

Koehn, a former history teacher and girls' varsity basketball coach at St. Croix Lutheran High School, was convicted of fondling the girl and touching her sexually multiple times, including in the girl's Eagan bedroom.

In December, the two were caught by an Apple Valley police officer as they reclined in a car during a snowstorm, embracing and kissing.

Evidence included Koehn's cell phone, containing a photo of her and the teenager cheek to cheek. The girl had repeatedly texted the message "I love you." Police also obtained love letters from Koehn to the girl.

Part of Koehn's defense was that she had taken a leave of absence from the private high school before the physical contact began. She admitted to kissing the girl on the mouth.

Trial evidence showed that Koehn had posed as a confidante to the girl's mother, giving advice about the girl, such as not to cancel her cell phone. The mother had extended to Koehn invitations for weekend hotel stays with the family and also to stay at their home for two weeks in August 2008.

Koehn moved to Kenosha for a teaching assistant job but remained in close contact with the girl. Koehn returned often for events at St. Croix Lutheran, and she would stay at the family's Eagan home.

Backstrom said this is the sixth case in which his office has prosecuted a teacher for having sexual contact with students since 1998.

"These types of cases happen more often than people think," he said.

Joy Powell • 952-882-9017

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JOY POWELL, Star Tribune