State v. Kovacic
2017 Ohio 9102
| Ohio Ct. App. | 2017Background
- Daniel Kovacic was convicted in 2010 of two counts of felonious assault (merged for sentence) and one count of tampering with evidence; sentenced to 10 years. An earlier appeal affirming the conviction was unsuccessful.
- Juror Brenna Brunnet sat on the jury; her son, Nathan Cooper, was a high-school acquaintance and baseball teammate of the victim, Anthony “Bobby” Kepes.
- During voir dire the prosecutor asked whether jurors knew the victim; Brunnet did not disclose any relationship and was seated.
- After trial, Michael Corrao (a close friend of Cooper and Kepes) told defense counsel that he spoke with Brunnet after the trial and she said she had served as a juror and had kept quiet about knowing Kepes; Corrao averred Brunnet had told him she visited the crime scene and saw blood.
- The defense moved for a new trial based on juror nondisclosure/misconduct. At an evidentiary hearing, Brunnet denied knowing Kepes before trial and denied the conversation with Corrao; Corrao repeated his account; Kepes contradicted earlier affidavit testimony by asserting he did not recall seeing Brunnet. The trial court believed Brunnet and denied the new-trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juror nondisclosure during voir dire (failing to disclose a relationship with the victim) warrants a new trial | State: juror answered voir dire honestly; no misconduct shown | Kovacic: Brunnet failed to disclose knowing victim via her son; truthful answer would have supported a for-cause challenge and prejudiced the defense | Court: No new trial — trial court found Brunnet credible and that defendant failed to prove she knew the victim before trial |
| Whether testimonial and affidavit evidence (Corrao, Kepes, other witnesses) required discrediting Brunnet’s statements | State: trier of fact entitled to assess credibility; evidence did not compel finding that Brunnet knew victim | Kovacic: other witnesses corroborate Corrao and show Brunnet had motive to conceal relationship | Court: Credibility determination for the trial court; it reasonably favored Brunnet, so defense evidence insufficient |
Key Cases Cited
- State v. Kovacic, 969 N.E.2d 322 (Ohio Ct. App. 2012) (prior appeal affirming conviction)
- State v. Kovacic, 967 N.E.2d 765 (Ohio 2012) (Ohio Supreme Court declined review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (factfinder has primary responsibility for witness credibility)