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State v. Hamilton4/12/2002
11, unreported, 1997 Ohio App. LEXIS 5439, at *5-6, quoting State v. Blankenship (1995), 102 Ohio App.3d 534, 548.
Sgt. Lynch is a member of the Painesville Police Department and was one of the officers who reported to the scene the night the victim's body was found. He testified about the condition of the victim's body. After direct and cross-examination, the following colloquy occurred between the court and Sgt. Lynch:
"THE COURT: If I remember your direct testimony you said there was, I don't know whether you used the term wound, or abrasion, or something on the fingers?
"LYNCH: Both, Your Honor. At one point when he was shot he must have had his hand up like this, (witness indicates), almost like to know.
"THE COURT: That would be evidence of an attempt to defend himself or evidence of a struggle?
"LYNCH: I wouldn't say, Your Honor. Certainly it could have been that, just been a natural reaction, no, don't shoot me, he saw it coming. I don't know whether you call it a struggle, but he definitely saw, at least, one of the rounds coming.
"THE COURT: Okay, Redirect?"
The court was attempting to clarify the testimony of Sgt. Lynch. The injury to the victim's hand had already been brought up during the direct examination. Both sides questioned Sgt. Lynch about whether he believed that there was a struggle involved in the commission of this crime. Sgt. Lynch testified that there were not any signs of a struggle in the bedroom. The court was trying to clarify the implications of the unusual injury to the victim's hand.
Nothing in the court's line of questioning showed any bias toward appellant. The only reason that this line of questioning was damaging to appellant was it tended to show that this death was a homicide rather than a suicide. However, evidence that this crime was a homicide was brought out in other portions of Sgt. Lynch's testimony, as well as the testimony from other witnesses.
Appellant's seventh assignment of error is without merit.
Appellant's fifth assignment of error is:
"The trial court abused its discretion by excluding the police statement given by Sandra Lawrence, to the prejudice of the appellant."
Appellant asserts that the trial court erred when it excluded the police statement of Sandra Lawrence. Again, the decision to admit or exclude evidence is within the sound discretion of the trial court and may not be reversed absent a showing of an abuse of that discretion.
Ms. Lawrence was the victim's fiancée. She testified for the state at trial. She testified that the victim was at her house at 8:30 p.m. on May 10, 1999, when she returned from dinner with friends. However, in the oral statement she gave to the police on May 11, 1999, she stated that she last saw the victim at about 19:30 hours (7:30 p.m.) on May 10, 1999. She further informed the police that the victim told her that he was leaving to go home at 20:30 hours (8:30 p.m.). When confronted with this discrepancy on cross-examination, she stated that "I told the police that I arrived home from Friday's at around 8:30. I had seen Melvin earlier before I went to dinner." Patrolman David Simmons, of the Painesville Police Department, testified that he had used military time so often that he uses it when transcribing witnesses' statements. Ms. Lawrence testified that she is not familiar with military time.
Another inconsistency between the statement and her trial testimony is that in her statement she said the victim was leaving "to go home and get stuff ready for work in the morning." At trial, she testified that he was "was going to get a bite to
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