State v. Barnes
2020 Ohio 3184
Ohio Ct. App.2020Background
- Defendant David Barnes was prosecuted in three Cuyahoga County cases for assaults on his wife K.B.; charges included one felonious assault and three counts of domestic violence (separate indictments for incidents on June 16, 2018; Dec. 3, 2018; Mar. 8, 2019).
- K.B. did not testify at trial; before trial the state moved under Evid.R. 804(B)(6) (forfeiture by wrongdoing) to admit her out-of-court statements.
- The trial court held an evidentiary hearing and admitted recorded jailhouse phone calls in which Barnes and his mother discussed moving K.B. and urging her not to appear; a jail call between Barnes and K.B. also included Barnes telling her not to come.
- Police officers testified about K.B.’s statements at the scene for each incident, and body-camera footage of K.B. and officers was played for the jury.
- The jury convicted Barnes on all counts; he was sentenced to an aggregate eleven-year prison term and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of officers’ testimony and body-cam footage of K.B.’s out-of-court statements violated the Confrontation Clause | State: Barnes’s recorded jail calls show he purposely caused K.B.’s unavailability; thus she forfeited confrontation rights and her statements are admissible under Evid.R. 804(B)(6) | Barnes: K.B.’s statements were testimonial; admitting them without her cross-examination violated Crawford and the Sixth Amendment | Court: Barnes forfeited confrontation by wrongdoing; court properly admitted the statements under Evid.R. 804(B)(6) and Crawford’s forfeiture principle |
| Whether the jailhouse phone recordings were properly authenticated | State: Corrections officer call logs tied calls to Barnes’s PIN; Barnes’s mother identified voices and K.B.’s phone number on recordings | Barnes: PINs can be used by other inmates; voice/authentication evidence was insufficient | Court: Testimony from corrections officer plus voice ID by Barnes’s mother met Evid.R. 901 threshold; recordings admissible; any credibility dispute for jury |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (2004) (testimonial out-of-court statements inadmissible against a defendant unless witness unavailable and defendant had prior opportunity for cross-examination)
- Reynolds v. United States, 98 U.S. 145 (1879) (a defendant who causes a witness’s unavailability cannot complain of confrontation violation)
- State v. Hand, 840 N.E.2d 151 (Ohio 2006) (forfeiture-by-wrongdoing requires proof the defendant’s misconduct made witness unavailable and that one purpose was preventing testimony)