State. Todd
2017 Ohio 4355
| Ohio Ct. App. | 2017Background
- Defendant Thomas J. Todd was indicted on multiple counts arising from sexual-contact allegations by A.D., a minor; after some counts were dismissed, a jury convicted Todd of four counts of Gross Sexual Imposition (R.C. 2907.05(A)(4)) and one count of Disseminating Matter Harmful to Juveniles (R.C. 2907.31(A)(1),(F)).
- Allegations spanned three time periods: Summer 2015, Fall 2015, and Spring 2016; a bill of particulars mirrored those timeframes rather than specific dates.
- The victim testified to repeated inappropriate touching, exposure to pornography, threats involving a rifle to coerce compliance, and several specific incidents corresponding to the charged counts.
- Child-services interviews (one recorded and played at trial) and anatomical drawings corroborated many of the victim’s disclosures; a second interview (unrecorded due to a technical failure) added further details.
- The jury acquitted Todd on seven other counts, demonstrating selective acceptance of the victim’s testimony; the trial court sentenced Todd to an aggregate 12-year prison term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions were against the manifest weight of the evidence | State: Victim’s testimony and corroborating interviews/drawings were credible and supported convictions | Todd: Victim’s testimony was vague/inconsistent and insufficient to sustain convictions | Court: Jury was the factfinder, reasonably credited the victim for convicted counts; convictions not against manifest weight; assignment overruled |
| Whether broad timeframes in indictment/bill of particulars denied due process | State: Precise dates not required for child-abuse cases; timeframes and particulars were sufficient to give notice | Todd: Wide date ranges prejudiced defense preparation and fairness | Court: Timeframes tied to locations/events and bill of particulars described specific acts; defendant received adequate notice and opportunity to defend; assignment overruled |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (establishes manifest-weight standard and appellate role as "thirteenth juror")
- State v. DeHass, 10 Ohio St.2d 230 (credibility and weight of testimony are for the trier of fact)
- State v. Antill, 176 Ohio St. 61 (a factfinder may believe all, part, or none of a witness’s testimony)
- State v. Awan, 22 Ohio St.3d 120 (appellate courts should not substitute their credibility determinations for those of the trier of fact)
