State v. Rusnak
2016 Ohio 7820
Ohio Ct. App.2016Background
- In 1975 Kelsie Noble and his caregiver Sophie Bell were found shot to death in Noble’s Jefferson County home; initial investigation collected physical evidence (wadding, clothing, prints, casts).
- Case remained a cold file; multiple sheriffs investigated over decades. Sheriff Abdalla reopened work in 1986 and pursued the case intermittently; evidence was later sent for testing around 2004 and not returned.
- In 2014 a grand jury indicted Stanley Rusnak for the 1975 murders of Noble and Bell (and a separate 1977 murder); Rusnak was tried in January 2015.
- At trial the state presented no definitive physical forensic matches (prints/DNA were inconclusive or unavailable) but offered testimony from multiple witnesses recounting statements by Rusnak over the years admitting the killings. Sheriff Abdalla also testified about a 2004 interview in which Rusnak allegedly admitted responsibility.
- The jury convicted Rusnak of the two 1975 murders (acquitted on the other charge); he received consecutive 15-years-to-life sentences and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-indictment delay / due process | State: delay was reasonable given cold-case investigation; no demonstrable prejudice | Rusnak: ~40-year delay impaired defense (lost evidence, missing witnesses, unrecorded interview) | Court: No actual/substantial prejudice shown; state offered justificatory investigative reasons; claim overruled |
| Failure to preserve physical evidence / due process (Trombetta/Brady) | State: lost evidence was not shown to be materially exculpatory; testing was inconclusive and evidence likely of limited value | Rusnak: loss of scene evidence deprived ability to use modern forensic testing and was constitutionally material | Court: Evidence was at best potentially useful, not manifestly exculpatory; no bad faith shown; claim overruled |
| Manifest weight of the evidence | State: multiple witnesses corroborated Rusnak’s admissions and supported conviction despite lack of physical evidence | Rusnak: conviction primarily on decades-old recollections and barroom statements; absence of forensic proof undermines verdict | Court: Multiple consistent witness statements and Abdalla’s testimony were credible; verdict not against manifest weight; claim overruled |
| Joinder / severance of unrelated counts | State: joinder appropriate under Crim.R.8(A); evidence as to each offense was distinct and admissible | Rusnak: joinder caused spillover prejudice and inference of criminal disposition (requested severance) | Court: No spillover; jury convicted on some counts and acquitted on another, showing no undue prejudice; denial of severance not an abuse of discretion |
Key Cases Cited
- State v. Luck, 15 Ohio St.3d 150 (establishes two-part test for pre-indictment delay: defendant must show prejudice, then state must justify delay)
- United States v. Marion, 404 U.S. 307 (delay in prosecution alone does not automatically violate due process)
- United States v. Lovasco, 431 U.S. 783 (prosecutors need not file charges as soon as probable cause exists while they gather evidence)
- California v. Trombetta, 467 U.S. 479 (evidence must be obviously exculpatory before destruction to require dismissal)
- Brady v. Maryland, 373 U.S. 83 (prosecution must disclose materially exculpatory evidence)
- State v. Geeslin, 116 Ohio St.3d 252 (distinguishes materially exculpatory evidence from potentially useful evidence and the bad-faith requirement)
- State v. Thompkins, 78 Ohio St.3d 380 (standard for reversing a conviction on manifest-weight grounds)
- United States v. Doerr, 886 F.2d 944 (defendant must show exculpatory value and unavailability of witness testimony to prove prejudice from missing witnesses)