 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Clary4/9/1991
n's demands for fellatio and intercourse. After the encounter, defendant threatened to kill her if she reported the incident.
When the men left, the victim ran to her friend Kathy Copeland's apartment and told her what had happened. The victim called the police and described her assailants and the events to the authorities. She was then taken to the St. Anthony's Hospital emergency room. Days later, she positively identified defendant and Cole from police photographs.
Kathy Copeland testified that on the night in question and prior to the rape, the victim asked her to watch her children. Kathy saw the two men who were with the victim. Later that evening (actually, early morning) Kathy heard people upstairs Kathy corroborated the victim's account of her report of thsincident to Kathy. Kathy saw that the victim had been beaten. She identified defendant as one of the men she saw with the victim that night.
Two fingerprints were found in the apartment which matched with Cole Baughman but none were found which matched with defendant. The knife was never found.
Defendant presented an alibi defense, claiming that on the night in question he spent the entire evening with his common-law wife Jackie and her girlfriend Debbie at Debbie's apartment.
Jackie corroborated defendant's story. She also said she used to date Marvin, who had at one time accosted Cole with a gun.
Defendant admitted that he went over to the victim's apartment with Cole to find Marvin, but not on the night in question. He denied raping the victim. He also admitted that he was arrested the day before the alleged rape for driving while intoxicated. He said that he was confused about dates when he initially told the police about being arrested for drunk driving on the night of the rape.
Thomas Williams also testified briefly for defendant. Williams was a resident of the same apartment building as Jackie's girlfriend. He testified that on the night in question he saw defendant in the apartment hallway around 10:00 p.m., when a loud disturbance brought all the neighbors into the hallway. Williams felt certain that he had the right evening in mind because he had some friends over that particular evening.
Defendant emphasizes that Williams was an unbiased, alibi witness and that the victim had a motive to lie to avenge the beating of her boyfriend Marvin. However, these matters are for the jury to decide. The jury was entitled to discredit Mr. Williams. The testimony of the state's witnesses and the evidence presented, if believed, would constitute substantial evidence upon which reasonable minds could find beyond a reasonable doubt that defendant purposefully engaged in sexual conduct with the victim by force or threat of force in violation of R.C. 2907.02(A)(2). Consequently, the conviction was supported by sufficient evidence and was not against the manifest weight of the evidence.
Defendant's third assignment of error is not well taken.
For the foregoing reasons, the assignments of error are overruled and the judgment of the trial court is affirmed.
Judgment affirmed.
STRAUSBAUGH and REILLY, JJ., concur.
ARCHER E. REILLY, J., retired, of the Tenth Appellate District, sitting by assignment.
Page 1 2 3 4 5 6 7 8 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|