Strausser v. WhiteStrausser v. White
JUDGMENT: AFFIRMED
RELEASED: July 23, 2009
JOURNALIZED:
ATTORNEY FOR APPELLANT
1370 Ontario Street
2000 Standard Building
Cleveland, Ohio 44113
ATTORNEY FOR APPELLEE
Marc G. Doumbas
1670 Columbus Road
Suite 3G
Cleveland, Ohio 44113
N.B. This entry is an announcement of the court‘s decision. See App.R. 22(B) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(C) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court‘s decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court‘s announcement of decision by the clerk per App.R. 22(C). See, also, S.Ct. Prac.R. II, Section 2(A)(1).
{¶ 1} Respondent-appellant, Robert White, appeals from a judgment granting petitioner-appellee, Tammy Strausser, a civil stalking protection order (“CSPO“). For the reasons that follow, we affirm.
{¶ 2} On July 14, 2008, Strausser filed a petition for a CSPO against White under
{¶ 3} Strausser was a mail carrier in North Olmsted. She had delivered White‘s mail for over three years through a slot on his porch. Strausser and White were friendly at first, having “normal conversations.” Sometime around November 2007, Strausser injured herself and had to miss work. During that time, she received a letter from White in her mailbox at her home in Parma. The letter did not have a stamp on it. Strausser knew that meant that White had been to her house. She stated that she never gave him her address. In the letter, which was entered into evidence, White wrote, “Hi Tammy. I didn‘t know how much I‘d miss you and your smile. I ache inside to see you. (I can‘t say this
{¶ 4} Eventually, when Strausser delivered White‘s mail, their conversations began to get longer, up to 10 to 15 minutes. Strausser knew that she could not talk to White that long and still finish her route, so she began to walk away from him while he was still talking. She told him that if she continued to talk to him that long, her job at the post office would be in jeopardy. Strausser said that White got upset with her because she would not talk to him.
{¶ 5} In February 2008, Strausser received a second letter from White at her house. This letter did not have a stamp on it either; the envelope just had “Tammy” handwritten on it. In this letter, White apologized for “possibly being instrumental in having your job evaluated in a negative way.” He further stated, “I am hoping your evaluator doe[s] not know about me and how I have been holding you up. I have been forcing conversations with you to the degree that you come back with cutting sarcasm to me. I take blame for this.” He then suggested that they no longer have conversations except for postal business and no longer have “friendship waves.” He concluded with “[m]ost of all, we won‘t have to listen to those creepy words ever again, ‘[t]hey are watching.‘” He signed
{¶ 6} By late March 2008, Strausser and White‘s interactions became more heated. On March 24, Strausser called the post office to report an incident that occurred after White made a comment to her about the amount of snow that had fallen that month. Strausser said that she just wanted White to stop talking to her, so she was as rude as she could possibly be to him. She responded to him that he should just move to where there is no snow. White told her that he did not appreciate her sarcasm. White further stated that he was going to call the post office to have her removed as his mail carrier. When she told him that would make her happy, he stated that “if they did nothing he would take care of it himself.” Strausser wrote a statement about this incident when she got back to the post office and indicated that she no longer felt safe delivering White‘s mail.
{¶ 7} On March 26, Lynn Blanton, postmaster of North Olmsted, went to White‘s home to investigate Strausser‘s allegations. In her notes from the visit, Blanton indicated that she did not feel that White was a physical threat to Strausser because he was “very elderly and has had a hip replacement and has a
{¶ 8} The next day, Blanton told Strausser about meeting with White. Blanton instructed Strausser to continue to deliver White‘s mail, but that if he talked to her or approached her in any way, she was supposed to immediately notify Blanton. Later that day, Strausser informed Blanton that she “nearly panicked” when she delivered White‘s mail, and she refused to do it again unless he got a curbside mailbox. Strausser testified that she “just could not handle the mental stress of going up to his house every day and having to be confronted by him.”
{¶ 9} Blanton suspended White‘s mail at that point until he opened a post office box or obtained a curbside mailbox.
{¶ 10} After the conversation about the snow and after Blanton talked to White, Strausser testified the situation with White became more tense. Strausser said she would have anxiety attacks when she pulled up to White‘s street because she was worried she would have to see him and talk to him. She
{¶ 11} On April 7, 2008, Strausser reported that White pulled up behind her “and just stayed there and then drove off.” Strausser further reported that White “was out raking leaves that didn‘t exist at the time of mail delivery.”
{¶ 12} On April 14, 2008, an anonymous male postal customer called the post office‘s consumer affairs department and reported that he had seen Strausser driving while talking on her cell phone. The male customer said he was concerned about the safety of school children and pedestrians. He claimed it was not the first time he had seen Strausser on her cell phone.
{¶ 13} Sherri Sullins of consumer affairs alerted Blanton to the call. Blanton told Sullins, via email, that Strausser had reported that there was a male on her route who was stalking her. Blanton further indicated to Sullins that she was “curious” to know how the anonymous male knew Strausser‘s first and last names and stated that it seemed to “solidify the possibility” that White was indeed stalking Strausser.
{¶ 14} On April 17, 2008, Strausser documented another incident with White. As she was delivering mail to another postal customer, White approached her. He tried to give her a letter. He told her, “you need to take this.” She told him that he needed to take the letter to the post office. She
{¶ 15} On April 22, 2008, Strausser filed a police report with Officer Sichko of the North Olmsted police. The report was entered into evidence. Officer Sichko indicated that he spoke with White. White told him that Strausser “initially came onto him in a sexual way and that she gave him her address.” White also admitted to Officer Sichko that he went to Strausser‘s house and hand delivered the two letters. White agreed not to talk to Strausser. Strausser told Officer Sichko that she did not want to press charges since she thought White would no longer speak to her.
{¶ 16} Strausser stated that in May 2008, even though she was no longer delivering White‘s mail, she still got severe chest pains and anxiety attacks when she delivered the mail to other customers on White‘s street. Strausser documented an incident that occurred on May 19, where she reported to her supervisors that she was walking past White‘s house when he yelled at her that she had “some nerve” and that she “lied to [him].” She said that she felt very uncomfortable and had many sleepless nights.
{¶ 18} Blanton testified that she later learned that Strausser had lied to her about filing the restraining order. Blanton stated that on June 20, 2008, she issued a disciplinary “letter of warning” to Strausser for lying.
{¶ 19} Strausser testified that during one of her last conversations with White, he told her he did not want her delivering his mail, and they got into an argument. She told him he could call the post office. White responded, “[i]f it‘s the last thing I do, I‘m going to make you pay.” Strausser testified that this conversation made her “fearful.”
{¶ 21} Strausser said that at the time of the full hearing on the CSPO, she still had to deliver mail on White‘s street and she still had anxiety over it. She said, “just seeing him outside makes me uneasy and uncomfortable.” Strausser testified that White had also approached her when she was delivering mail on her business route, including at Speedway, which was less than a mile from his house, and at McDonald‘s. She said that she did not believe these were chance encounters. As a result of these incidents and at the recommendation of a victim advocate, Strausser started seeing a psychologist. Strausser said that she felt that White was a threat to her, and she had suffered ongoing mental anguish because of his conduct.
{¶ 22} Whelan testified that in February or March of 2008, White came to the post office to speak to Whelan and Blanton. During that meeting, White promised he would put a mailbox by the curb. Whelan told White not to talk to Strausser. Whelan also stated that he told Strausser to stop talking to White‘s neighbors about the incidents.
{¶ 24} White agreed that he would sometimes stand in his yard when Strausser delivered the mail. But he said that he only yelled at her twice in all the years that she delivered his mail. The first time he told her that she had a lot of nerve coming around the neighborhood after what had happened and that she ought to go to a convent and have the nuns wash her mouth out for lying. He denied following Strausser to Speedway and McDonald‘s and said it was coincidental that he was there at the same time.
{¶ 25} White further admitted that on May 19, 2008, he approached Strausser to give her a letter to mail for him. He said that he wanted to let her know that the letter was about her to the inspector general in Washington, D.C. White further admitted that he called the post office to complain about Strausser using her cell phone while driving when he saw her on the phone. He said he wanted to get vindication.
{¶ 26} At the close of the hearing, the court made the following findings of fact by a preponderance of the evidence: White knowingly engaged in a pattern of conduct that caused Strausser to believe that White would cause physical
{¶ 27} It is from this judgment that White appeals, raising a sole assignment of error for our review:
{¶ 28} “[1.] The trial court erred and abused its discretion when it granted a civil protection order against Robert E. White when there were insufficient facts introduced into evidence to justify the granting of such an order.”
{¶ 29} The issuance of a CSPO is governed by
{¶ 30} In order to grant a petition for a CSPO, the trial court must hold a full hearing and proceed as in a normal civil action.
{¶ 31}
{¶ 32}
{¶ 33} Thus, when granting a protection order, the trial court must find that the petitioner has shown by a preponderance of the evidence that the respondent committed menacing by stalking. Reynolds v. White (Sept. 23, 1999), 8th Dist. No. 74506, citing Felton, paragraph two of the syllabus. This court has held that when the respondent contends on appeal that it was error for the trial court to issue the protection order, the question on review is whether there was some competent, credible evidence to support each element of menacing by stalking. Id.1
{¶ 34} White claims that Strausser did not present sufficient evidence to show that White threatened her physically nor did she show that he caused her mental distress. We note first that Strausser was not required to establish both prongs of the menacing statute. While we agree that the evidence presented did not support that White engaged in a pattern of conduct knowingly causing
{¶ 35} Strausser presented twenty exhibits at trial and four witnesses: herself, Blanton, Whelan, and White. She explained how White got angry with her when she refused to talk to him any longer. In retaliation, White began to harass Strausser. White even obtained Strausser‘s home address and personally delivered two letters to her without stamps on them. Although White told Blanton that Strausser voluntarily gave him her address, Strausser denied that she did. Strausser testified that she felt uncomfortable because White went to her house and because of what he said in the letters. Strausser immediately gave both letters to her supervisor.
{¶ 36} Strausser further presented evidence that she reported every incident of harassment to her supervisors, including incidents where White followed her on her route, went out on the street and approached her, lost his temper with her, yelled at her from his yard, and threatened to make her “pay.” The evidence also established that White continued to harass Strausser after he had been told by Whelan, Blanton, and Officer Sichko to leave her alone and to not have contact with her. White even tried to get Strausser to deliver a letter
{¶ 37} Further, Strausser presented evidence that White‘s actions caused her to have anxiety attacks when she approached his street. She also experienced severe chest pains and sleepless nights. Strausser also testified that she felt threatened delivering mail in his neighborhood, that his comments made her “fearful,” and that she suffered ongoing mental anguish. Strausser had also seen a psychologist because of her anxiety over these incidents.
{¶ 38} Moreover, White himself corroborated some of Strausser‘s testimony regarding his pattern of conduct. White admitted that he personally delivered at least the first letter. White also admitted to two incidents where he yelled at Strausser from his yard after he had been told to leave her alone. He further admitted that he approached her (also after he had been told to leave her alone) to mail a letter – which he told her was about her – and he also admitted that he called the post office to complain about her cell phone use because he wanted vindication.
{¶ 39} Accordingly, we find that Strausser presented competent, credible evidence that White engaged in pattern of conduct that knowingly caused her mental distress. We conclude that the trial court did not err when it found that
{¶ 40} White‘s sole assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MARY J. BOYLE, JUDGE
KENNETH A. ROCCO, P.J., and
LARRY A. JONES, J., CONCUR