State v. Johnson
2018 Ohio 527
Ohio Ct. App.2018Background
- Defendant William F. Johnson Jr. was convicted after a jury trial of seven counts of rape (R.C. 2907.02(A)(1)(b)) involving his six‑year‑old and nine‑year‑old stepdaughters and sentenced to mandatory life imprisonment.
- The younger victim (K) was discovered in April 2015 by her mother being assaulted by Johnson; mother observed Johnson with his hand in the child’s pants and physical injuries were later documented by a SANE and BCI evidence recovered male amylase from K’s underwear (not excluded as to Johnson).
- The older victim (J) testified at trial to repeated oral, digital, and penile penetration by Johnson over several years during visitations; medical expert Dr. Schlievert testified to hymenal and other injuries and to J’s behavioral signs consistent with sexual trauma.
- While incarcerated awaiting trial Johnson attempted suicide; the trial court admitted non‑audio video of that attempt with a jury instruction that suicide alone does not create a presumption of guilt but may indicate consciousness of guilt.
- Recorded jail phone calls were admitted in which Johnson gave varying accounts, at times apologizing and confessing, and at other times denying or blaming the victims; he also made a prior internet download of materials about sexual offense statutes and warnings.
- Post‑trial, Johnson challenged (1) admission of the suicide video, (2) sufficiency/manifest weight of the evidence, (3) trial counsel’s failure to request lesser‑included instructions for J’s charges, and (4) imposition of attorney‑fee costs without an ability‑to‑pay finding.
Issues
| Issue | State's Argument | Johnson's Argument | Held |
|---|---|---|---|
| 1. Admission of non‑audio video of Johnson’s jail suicide attempt | Video admissible to show consciousness/awareness of guilt; limiting instruction given | Admission was prejudicial and abused discretion | Court affirmed admission; not an abuse given limiting instruction and overwhelming other evidence |
| 2. Sufficiency and manifest weight of the evidence | Evidence (victim testimony, medical/expert proof, mother’s eyewitness, DNA, jail admissions) supports convictions | Evidence insufficient and verdicts against manifest weight | Convictions supported by sufficient evidence and not against manifest weight |
| 3. Ineffective assistance for not requesting lesser‑included instructions for J’s charges | No prejudice because evidence strongly supported convictions as charged | Counsel deficient for failing to seek lesser‑included instructions | Claim rejected: no Strickland prejudice shown |
| 4. Imposition of attorney‑fee costs without explicit finding of ability to pay | Record (PSI) shows defendant had means (social security, GED, driver’s license, no major health issues) and clear and convincing evidence supports costs | Court erred by imposing fees without finding ability to pay | Court affirmed fee imposition; record provided clear and convincing evidence of ability to pay |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency standard for criminal convictions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard)
- Strickland v. Washington, 466 U.S. 668 (two‑prong ineffective assistance of counsel test)
- State v. Tvaroch, 982 N.E.2d 619 (evidence of suicide attempt can be admissible to show consciousness of guilt)
- State v. Prescott, 943 N.E.2d 1092 (manifest‑weight review and weighing credibility)