State v. Thompson
2014 Ohio 1056
Ohio Ct. App.2014Background
- Victim S.D., age seven, alleged that Johnny Thompson (a friend of her mother) commanded her to pull down her pants, forcibly pulled them down, digitally penetrated her rectum, and struck her head. She reported the assault the same day; a SANE exam was conducted.
- Medical/SANE evidence: nurse Kathleen Hackett observed a fresh (1.8 mm) red circular mark on the hymen consistent with a scratch; testified that anal and vaginal areas in a child are close and injuries may overlap in appearance.
- Forensic evidence: amylase detected on the underwear; Y-STR testing on underwear detected a male profile consistent with Thompson.
- Thompson testified he left the house without incident and denied using the bathroom or touching the child; he was the sole defense witness.
- Jury convicted Thompson of kidnapping (with sexual-motivation spec.), rape, gross sexual imposition, and attempted felonious assault. On appeal he raised evidentiary, ineffective-assistance, and sufficiency challenges.
Issues
| Issue | State's Argument | Thompson's Argument | Held |
|---|---|---|---|
| Admissibility of SANE nurse expert testimony (Evid.R.702/703) | Nurse qualified by training/experience; testimony within her SANE expertise | Nurse lacked requisite scientific basis; should have measured hands/child anatomy before opining | Court upheld admission; nurse was qualified and relied on specialized experience and observed facts |
| Admissibility of medical records showing vaginal redness (Evid.R.401/403) | Records were relevant because vaginal injury could be consistent with anal contact given child anatomy; probative value outweighs prejudice | Vaginal redness irrelevant to alleged anal penetration and unfairly prejudicial | Court admitted records as relevant and not unfairly prejudicial |
| Ineffective assistance for failure to object to mother’s recounting of child’s statements (hearsay) | Statements admissible as excited utterance; child testified anyway | Counsel deficient for not objecting to hearsay testimony relayed by mother | Court found no prejudice: child testified and other overwhelming evidence supported conviction; claim denied |
| Sufficiency of evidence for attempted felonious assault (Crim.R.29) | Evidence of a strike to the head plus sexual acts supported attempted serious physical harm | Argued insufficient proof of intent to cause serious physical harm | Court found insufficient evidence for attempted felonious assault; reduced conviction to simple assault and remanded for sentencing |
Key Cases Cited
- Scott v. Yates, 71 Ohio St.3d 219 (qualification of expert testimony discretionary to trial court)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance of counsel)
- State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency of the evidence review)