State v. Lawson
2015 Ohio 189
Ohio Ct. App.2015Background
- Casper Lawson was convicted by a jury in Highland County of two counts of rape of a child under thirteen and related offenses, and sentenced to life terms plus additional imprisonment.
- The charges arose from sexual abuse of three minor girls: F.K. (approx. 9), Z.C. (approx. 10), and S.C. (approx. 13) at Lawson’s home or where he had access to them.
- Lawson’s cellphone and a VHS tape with images of a minor were seized; investigators later found more child-pornography material.
- During trial, three children testified and were cross-examined by Lawson’s defense counsel about the abuse.
- The defense challenged the admissibility of testimony from a forensic interviewer (Freihofer) who discussed indications for medical and psychiatric exams based on interviews with the children.
- The trial court admitted the interviewer’s testimony under Evid.R. 803(4) as statements made for medical diagnosis or treatment, not as veracity evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the forensic interviewer's testimony constitutes improper vouching | Lawson argues the interviewer vouched for the victims’ credibility. | Lawson contends the testimony improperly supported the victims’ veracity. | No reversible error; testimony aided assessment of abuse, not credibility. |
| Whether defense counsel was ineffective for not objecting specifically to the vouching | Lawson asserts ineffective assistance due to inadequate objection. | Lawson claims counsel failed to preserve error. | No ineffective assistance; objection lacked merit and outcome not shown to differ. |
Key Cases Cited
- State v. Boston, 46 Ohio St.3d 108 (Ohio 1989) (expert may not opine on child-victim credibility)
- State v. Cappadonia, 2011-Ohio-494 (Ohio 2011) (testimony aiding veracity assessment permissible if not directly vouching)
- State v. Sopko, 2009-Ohio-140 (Ohio 2009) (social worker’s determination of indications not veracity testimony)
- State v. Davis, 2008-Ohio-2 (Ohio 2008) (no improper vouching where no personal belief expressed about credibility)
- State v. Pence, 2013-Ohio-1388 (Ohio 2013) (credibility assessment a factor, but not sole basis for verdict)
- State v. Stowers, 81 Ohio St.3d 260 (Ohio 1998) (tribunal may consider corroborative testimony when credibility is challenged)