State v. F.A.M.
2016 Ohio 7129
| Ohio Ct. App. | 2016Background
- Victim M.O., born July 2003, lived with her aunt A.G. and appellant F.A.M. in December 2014; she was 11 at the time of the alleged assault and 12 at trial.
- M.O. reported that appellant made sexual comments, showed pornography, touched her breast, and on December 10, 2014, anally raped her while she was told to get on the floor; she reported the assault the next day at school.
- Forensic interview and medical exam at Nationwide Children’s Hospital corroborated M.O.’s account; nurse collected anal/genital swabs and clothing; forensic testing later detected semen and sperm cells.
- BCI DNA testing matched appellant’s DNA to sperm fractions on M.O.’s anal swab and underwear; experts provided strong statistical support tying the DNA to appellant.
- Appellant denied the allegations, testified to an alibi involving time at a gym and a cousin’s house, and suggested alternative explanations for the DNA (secondary transfer); he did not call his alleged alibi witnesses at trial.
- A jury convicted appellant of one count of rape of a person under 13 (R.C. 2907.02(A)(1)(b)); trial sentence was 10 years to life. Appellant appealed, arguing the verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rape conviction is against the manifest weight of the evidence | State: M.O.’s consistent testimony, corroborating forensic and DNA evidence, and experts support the verdict | Appellant: M.O. biased/motivated to lie (punishment/ desire to return to mother); alibi and possible secondary DNA transfer create reasonable doubt | Court: Affirmed. Jury credibility determinations and DNA corroboration make this not an exceptional case warranting reversal on manifest-weight grounds |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (explains manifest-weight standard and appellate review limits)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (describes standard for reversing verdict on manifest-weight grounds)
- State v. Smith, 80 Ohio St.3d 89 (1997) (discusses interplay of sufficiency and manifest-weight review)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to trier of fact for witness credibility based on demeanor)
- Tibbs v. Florida, 457 U.S. 31 (1982) (describes appellate court as a ‘thirteenth juror’ when reversing on manifest-weight grounds)