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State v. Adams6/30/2004
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. On October 20, 1999, Warren City Police Detective Emanuel Nites interviewed appellant. Appellant claimed that he was not with Roslyn and had no idea how her vehicle caught on fire. Appellant specifically denied having sex with Roslyn.
. Two individuals from BCI testified at trial. Cynthia Shannon ("Shannon"), a forensic scientist, stated that she detected sperm in a rectal smear from Roslyn's body. This sample was submitted to Jennifer Duval ("Duval"), a DNA serologist, who compared the sperm sample to a blood, hair, and saliva sample from appellant. Duval concluded that the sample from Roslyn's body matched appellant's DNA by a statistical probability of one in over four and one-half billion. The fingernail scrapings, as well as a bloody ring taken from Roslyn's finger, were not tested by BCI. According to Shannon, because evidence of semen had been found, it was the policy of BCI that further testing stop.
. Christina Homa ("Christina"), the incarcerated eighteen-year-old daughter of Millie Homa ("Millie"), testified for the defense. Christina described various incidents in which she had encounters with David. In either October or November of 1999, Christina contended that she was "kidnapped" by Millie and David, who threw her into the backseat of a car. Although Christina claimed that she escaped and related the incident to a police officer, no "kidnapping" was ever reported. Christina further held that during this incident with Millie and David, Christina fractured her ribs and went to the hospital. However, no medical records were produced to corroborate that Christina received medical treatment.
. In September or October of 2000, approximately one year after Roslyn's death, Christina stated that in another incident, David bragged about choking Roslyn. Christina also claimed that David mounted a knife as a souvenir of incidents with Roslyn. Christina further contended that prosecutors told her not to mention the choking incident and the knife mounting. Also, on October 21, 2000, Christina had an interview with Sue Stinedurf ("Stinedurf"), an investigator with the Trumbull County Prosecutor's Office. Christina told Stinedurf that both appellant and David wanted to mount a knife to memorialize cuts to Roslyn's feet.
. Pursuant to the trial court's December 11, 2000 judgment entry, the trial court sentenced appellant to serve a prison term of fifteen years to life on the murder charge and ten years on the rape charge, with the sentences to run consecutively. It is from that judgment that appellant filed a timely notice of appeal on December 12, 2000, and makes the following assignments of error:
. "[1.] The trial court abused its discretion by denying appellant's motion for a new trial based upon prosecutorial misconduct.
. "[2.] The trial court abused its discretion by failing to grant a new trial based upon prosecutorial misconduct resulting in the denial of appellant's rights to a fair trial and due process of law pursuant to the Sixth and Fourteenth Amendments.
. "[3.] [Appellant's] convictions for rape and murder are not supported by sufficient evidence.
. "[4.] [Appellant's] conviction for rape is against the manifest weight of the evidence."
. In his first assignment of error, appellant argues that the trial court abused its discretion by failing to grant a motion for a new trial based upon prosecutorial misconduct where the record reveals that defense counsel objected throughout the trial to numerous discovery violations. According to appellant, after trial had begun, the trial court was forced to order the prosecution to turn over discovery that had been requested lo
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