State v. Workman
2017 Ohio 8638
| Ohio Ct. App. | 2017Background
- Defendant Michael Workman was tried in Clermont County for sexual offenses involving two victims: R.C. (age 13) and E.Z. (victim of repeated abuse from 1999–2008). Cases were consolidated for trial.
- Indictments: R.C. — two counts of rape and two counts of gross sexual imposition; E.Z. — 17 counts including multiple rape charges spanning Hamilton County (1999–2000), Florida (2000–2006), and Clermont County (2006–2008), and two drug-related counts later dismissed.
- For R.C., DNA (saliva enzyme/amylase) linked Workman as a possible source on underwear and penile swab. Jury convicted on the counts involving R.C.
- E.Z. testified to frequent oral and anal sexual abuse beginning at age 6–7, describing specific incidents (some tied to medical visits, sedatives, locations) and many recurring, indistinct episodes. Jury convicted on 15 rape counts relating to E.Z.; count 15 (gay-pornography incident) lacked testimonial support.
- Trial court sentenced Workman to consecutive terms: 10 years on each of 15 E.Z. rape counts (150 years) plus 11 years for R.C., totaling 161 years; appellate court vacated conviction/sentence as to Count 15 and remanded for resentencing, affirmed other convictions and findings.
Issues
| Issue | State's Argument | Workman’s Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence for Counts 3, 6, 10, 13, 15, 16 (E.Z.) | Testimony (specific incidents + representative counts for frequent abuse) and context supported convictions | Insufficient detail for some counts; some testimony ambiguous or merely "attempted" | Convictions on Counts 3, 6, 10, 13, 16 upheld; Count 15 vacated for lack of evidence |
| Venue for Counts 1–6 (alleged Hamilton County offenses tried in Clermont County) | Offenses were part of a continuous course of conduct spanning counties; R.C. and E.Z. abuse in Clermont provided nexus | Venue improper because those counts occurred in Hamilton County | Venue proper in Clermont under R.C. 2901.12(H); Crim.R. 29 denied on venue ground |
| Force element for Counts 9–17 (rape) | Psychological coercion, authority, threats, and manipulation over a child satisfy force | Argued force not proven beyond reasonable doubt | Evidence of psychological compulsion, threats, and authority established force; Crim.R. 29 denied |
| Consolidation / joinder of the two indictments | Evidence for each victim was simple, direct, and separable; joinder efficient and not prejudicial | Joinder prejudiced defendant; offenses unrelated and should be severed | Trial court did not abuse discretion; joinder proper and severance denial affirmed |
| Consecutive sentencing (161 years total) | Consecutive terms necessary to punish and protect public; trial court made required findings under R.C. 2929.14(C)(4) | Sentence disproportionate and excessive; not necessary for public safety | Trial court made statutory findings; sentence not contrary to law, but Count 15 vacatur requires resentencing on remaining counts |
Key Cases Cited
- State v. Lott, 51 Ohio St.3d 160 (1990) (other-acts test and joinder prejudice analysis)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must show statutory analysis when imposing consecutive sentences; no word-for-word recitation required)