2024 Ohio 5359
Ohio Ct. App.2024Background
- Alex MacPhereson was convicted in the Warren County Court of Common Pleas for multiple sexual offenses involving minor girls: two counts of gross sexual imposition and three counts of rape.
- The victims, pseudonymously referred to as Amber (his daughter) and Beth (his girlfriend's daughter), both under 13 during the incidents, testified to multiple episodes of abuse by MacPhereson.
- The allegations were reported in May 2023, leading to a police investigation and subsequent indictment in October 2023.
- MacPhereson waived his right to a jury and proceeded to a bench trial, where he denied all accusations.
- The trial court found MacPhereson guilty on most counts, sentencing him to consecutive prison terms totaling 25-years-to-life.
- MacPhereson appealed, arguing insufficiency/weight of the evidence and error in imposing consecutive sentences.
Issues
| Issue | MacPhereson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence | Victims' uncorroborated minor testimony insufficient; he denied allegations | Testimony of a single witness, if credible, is sufficient; law does not require corroboration | Testimony found credible; conviction affirmed |
| Manifest Weight of Evidence | Verdict contrary to greater weight; credibility of minors questionable | Credibility is for the trial judge to determine; trial court did not lose its way | Verdict not against manifest weight; affirmed |
| Consecutive Sentences | Sentencing findings/analysis inadequate; prior criminal record not considered | Sentencing findings satisfied statutory requirements; seriousness of conduct and harm clear | Trial court made adequate statutory findings; sentence affirmed |
Key Cases Cited
- State v. Paul, 2012-Ohio-3205 (sufficiency of evidence review standard)
- State v. Graham, 2009-Ohio-2814 (manifest weight of evidence standard)
- State v. Bonnell, 2014-Ohio-3177 (consecutive sentencing findings requirement)
- State v. Martino, 2018-Ohio-2882 (deference to trier of fact's credibility determinations)
