2023 Ohio 1605
Ohio Ct. App.2023Background
- Christopher Ward, an Ohio State Highway Patrol trooper, was tried in December 2019 and convicted (bench trial) of one count of sexual battery and three counts of gross sexual imposition involving four different victims; he was sentenced to three years' imprisonment.
- After conviction, Ward filed multiple motions for a new trial asserting newly discovered evidence; his second motion (filed Nov. 2021) alleged new evidence including another trooper (John McLeod) charged with sexual offenses, later mental-health findings for one victim (C.W.), and missing GPS cruiser records.
- The trial court denied the second new-trial motion on the merits (but ordered the state to produce any 2017 GPS records for Ward or McLeod); the state informed the court the 2017 GPS data were no longer retained.
- The trial court found the McLeod evidence immaterial (differences in victim age, circumstances, and uniform), C.W.’s later mental-health adjudication did not show she was incompetent or untruthful when she testified in 2019, and GPS records were either unavailable or of limited value.
- On appeal, the Twelfth District affirmed, reviewing the merits despite Ward’s failure to obtain prefiling leave under Crim.R. 33(B) for an untimely new-trial motion and concluding the proffered evidence would not create a strong probability of a different result.
Issues
| Issue | Plaintiff's Argument (Ward) | Defendant's Argument (State / Trial Court) | Held |
|---|---|---|---|
| Whether evidence that another trooper (McLeod) was charged with similar offenses requires a new trial on the sexual-battery count (identity). | McLeod was charged with sexual offenses around the same time, resembles Ward, and was stationed nearby, so victim may have misidentified Ward. | McLeod’s offenses and victim circumstances differ (age, facts, McLeod not in uniform); showing resemblance is insufficient and would not likely change the verdict. | Denied — evidence not likely to produce a different result; immaterial to identity. |
| Whether C.W.’s later adjudicated mental illness warrants a new trial for gross sexual imposition. | C.W. was later found mentally ill/incompetent, undermining her credibility and testimony at Ward’s trial. | The later adjudication does not show incapacity or untruthfulness at the 2019 trial; much of her testimony was corroborated; no link to her 2019 competency. | Denied — post-trial mental-health findings do not create strong probability of different result. |
| Whether absent or additional GPS cruiser records (Ward’s or McLeod’s) warrant a new trial. | GPS data would show Ward was in Franklin County only once in 2017 and could exonerate him; records for McLeod could implicate the other trooper. | Records are subject to retention limits (three years) and likely no longer exist; prior proceedings showed GPS data were limited and Ward could have sought them earlier; res judicata bars successive claims. | Denied — barred by res judicata or immaterial; records likely unavailable and would not change outcome. |
Key Cases Cited
- State v. Hatton, 169 Ohio St.3d 446 (2022) (trial court should not decide merits of untimely new-trial motion before granting leave)
- State v. Bethel, 167 Ohio St.3d 362 (2022) (Crim.R. 33(B) leave-to-file requirements and procedure)
- State v. Petro, 148 Ohio St. 505 (1947) (six-factor test for newly discovered evidence to warrant a new trial)
- Dayton v. Martin, 43 Ohio App.3d 87 (2d Dist.) (newly discovered evidence must create a strong probability of a different result)
- State v. Steffen, 70 Ohio St.3d 399 (1994) (res judicata bars claims that were or could have been raised at trial or on direct appeal)