Miami County prosecutors have dismissed felony rape charges against a Troy man, saying the alleged victim in the case no longer is cooperative.

Michael Slagle, 36, faced three felony counts of rape involving sexual conduct with a person under age 13 between June 1 and Aug. 21, 2015. He had pleaded not guilty and was being held in the county jail since December.

A trial was scheduled for Tuesday, June 28, in Miami County Common Pleas Court. Prosecutor Tony Kendell filed a notice dismissing the charges Monday. The dismissal was with the stipulation new charges could be filed.

Pratt recently heard evidence on motion by Kevin Lennen, lawyer for Slagle, asking for dismissal of the charges. He claimed the victim recanted her claims in a December interview at the Troy Police Department but a recording of the interview was not given to the defense.

Lennen said he was given a copy of the recording in May and while reviewing it came across a blank section. Before the recording went blank, the alleged victim said more than once she was not certain the alleged acts occurred and the officer was confronting her, Lennen said. After a time, the recording resumed and another officer is in the interview room and the victim again is saying the alleged acts did occur, Lennen said in the motion.

In asking the judge to dismiss, Lennen claimed Slagle’s rights were violated by prosecutors not turning over the recording and said the timing of the 30-minute blank portion of the recording “is suspect at best.”

During a June 13 hearing, Troy Police Capt. Jeff Kunkleman testified he was unaware of the blank portion of the tape until Lennen came across it and notified assistant prosecutor Paul Watkins in May.

Kunkleman said his understanding was the meeting with the alleged victim was to talk with her about the process as the case was going before the grand jury. He said he did not give the recording to prosecutors because he did not believe the alleged victim had recanted her claims.

In her ruling, Pratt said there was no evidence police or prosecutors intentionally withheld the taped interview and no evidence that anyone manipulated the taped interview.