State v. Pettry
2017 Ohio 1548
Ohio Ct. App.2017Background
- Victim (D.F.) reported an alleged rape on May 2, 1994; police recorded the suspect’s last name as "Perry," obtained a description and an address, and the investigation was closed after unable to recontact her.
- In 2012 the rape kit was submitted to BCI; a DNA profile was generated and returned to Cleveland police in June 2013.
- Detective Lent located D.F. in April 2014; she identified the suspect as Billy Ray Pettry (not "Perry"). Police located Pettry and obtained a buccal swab.
- BCI matched Pettry’s DNA to the vaginal swab and underwear with extremely low frequency-of-occurrence statistics on April 29, 2014.
- The state indicted a John Doe identified only by DNA profile on May 2, 2014 (the 20-year statute-of-limitations deadline). The indictment was not amended to name Pettry until January 12, 2016. Pettry moved to dismiss as time-barred; the trial court granted the motion. The court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment commenced prosecution within the 20-year statute of limitations when the state indicted a John Doe by DNA on the last day and later substituted Pettry’s name | Indicting John Doe by DNA and using reasonable law-enforcement diligence sufficed to commence prosecution against Pettry | Indictment did not timely commence prosecution as to Pettry because the named defendant was a John Doe; amendment to add Pettry came after the limitations period expired | Court affirmed dismissal: using a John Doe–DNA indictment did not save the prosecution where the known suspect’s identity was available and the indictment naming Pettry occurred after the limitations period expired |
Key Cases Cited
- State v. King, 103 Ohio App.3d 210 (10th Dist. 1995) (state bears burden to show prosecution commenced within statute of limitations)
- State v. Gulley, 144 Ohio St.3d 1505, 2016-Ohio-652, 45 N.E.3d 1050 (Ohio 2016) (affirming that indicting a known defendant as "John Doe" with a DNA profile can be insufficient to satisfy the statute-of-limitations when identity was known before the deadline)