State v. Turner
2020 Ohio 1548
Ohio Ct. App.2020Background
- Jonathan Turner lived with the victim's family and, between ages 7–10, sexually abused one of Mother's children (L.W.); abuse ended when Turner left the home.
- Mother discovered disclosures, sought emergency help, obtained a protection order, and turned over multiple pairs of the child’s panties to investigators.
- Forensic testing: 15 pairs tested positive for semen; Turner's DNA matched the semen and in some samples was mixed with the child’s DNA.
- Turner was indicted on multiple counts (rape, gross sexual imposition, felonious assault based on PTSD); first trial declared a mistrial for insufficient jurors; retrial set by agreement for April 8, 2019.
- Turner, detained pretrial and unable to post bail, moved to dismiss three days before retrial alleging speedy-trial violation; motion denied, jury convicted on all counts, and court imposed an aggregate life sentence without parole.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Turner) | Held |
|---|---|---|---|
| Admission of redacted police interview excluding Turner's willingness to take a polygraph | Exclude polygraph references as inadmissible and prejudicial; admit redacted video | Redaction omitted exculpatory evidence showing willingness to test, undermining credibility of DNA evidence | Court: Redaction proper; willingness to take polygraph inadmissible and would cause unfair speculation; no abuse of discretion |
| Speedy-trial dismissal for delay between mistrial and retrial | Delay was reasonable and tolled because mistrial/continuance was caused by inability to seat a jury and parties agreed on next available date | Delay violated R.C. 2945.71 statutory speedy-trial limits; Turner detained in lieu of bail so time counts triple | Court: Continuance was reasonable, agreed scheduling tolled time, retrial occurred within statutory limits; denial of dismissal affirmed |
| Admission of various hearsay (child to mother, 9-1-1 call, guidance counselor, grandmother, Mayerson interview, social worker, psychotherapist) | Hearsay admissible under recognized exceptions or non-hearsay uses: explain witness actions, excited utterance, prior consistent statements, and medical/diagnostic statements | Admission of multiple hearsay statements deprived Turner of fair trial; some statements lacked proper foundation | Court: Admissions were within discretion—statements to mother/911 explain actions; counselor/social worker/therapist statements fall under Evid.R. 803(4) medical/diagnostic exception; prior consistent Mayerson interview admissible to rebut fabrication; no reversible cumulative error |
Key Cases Cited
- State v. Thomas, 61 Ohio St.2d 223 (out-of-court statements admissible to explain listener's actions)
- State v. Osie, 140 Ohio St.3d 131 (clarifies non-hearsay use to show effect on listener)
- State v. Arnold, 126 Ohio St.3d 290 (forensic interview statements admissible under medical/diagnostic exception)
- State v. Muttart, 116 Ohio St.3d 5 (statements for mental-health diagnosis fall within Evid.R. 803(4))
- State v. Kirkland, 140 Ohio St.3d 73 (doctrine of cumulative error and reversal standard)
- State v. King, 70 Ohio St.3d 158 (statutory speedy-trial provisions coextensive with constitutional right)
- State v. Eastham, 39 Ohio St.3d 307 (discusses limits on Evid.R. 803(4) and treatment-provider scope)