State v. Remy

Citations

• 2018 Ohio 2857
• 117 N.E.3d 916

Syllabus

Trial counsel failed to object to admission of recorded video interviews of child abuse victims. However, even if admission of the interviews or parts of the interviews had been objectionable, any error was harmless, and additionally could have reasonably been part of trial counsel's strategy, which was to cast doubt on the children's credibility. The trial court also did nor err in allowing one victim to testify via closed circuit television. Trial counsel did not object, but even if counsel had objected, there was no error. The State showed good cause for failing to file its motion within the time requirements in R.C. 2945.481(C). Moreover, the State established that the child would suffer serious emotional trauma, as required by R.C. 2945.481(E), if she had to testify in the courtroom in front of her mother and stepfather, both of whom had been accused of sexually abusing her. In addition, the trial court did not err in finding the three abuse victims competent to testify. Trial counsel also did not render ineffective assistance of counsel by failing to object to hearsay testimony, by failing to object to the court's decision to let the minor child testify outside the courtroom, by failing to object to improper expert testimony, or by failing to object to admission of an audio recording of the children's abuse allegations. Admission of the challenged hearsay and audio recordings was essential for Appellant to prove her theories of the case, which included that the children told inconsistent stories and that their interviews were improperly conducted and were suggestive. The State's expert also did not vouch for the children's credibility he merely explained child abuse generally and how children typically disclose sexual abuse, the reasons why disclosure is often delayed and gradual, and how reactions to a child's allegations can affect future disclosures. Finally, Appellant's convictions for rape and complicity to rape were based on sufficient evidence and were