State v. Haines

2006 Ohio 6711, 860 N.E.2d 91, 112 Ohio St. 3d 393
CourtOhio Supreme Court
DecidedDecember 28, 2006
Docket2005-0853 and 2005-0959
StatusPublished
Cited by78 cases

This text of 2006 Ohio 6711 (State v. Haines) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Haines, 2006 Ohio 6711, 860 N.E.2d 91, 112 Ohio St. 3d 393 (Ohio 2006).

Opinions

Pfeifer, J.

{¶ 1} On January 24, 2003, a jury in the Lake County Court of Common Pleas found appellant Bryan Haines guilty of multiple counts of kidnapping, abduction, and domestic violence. All of the counts related to the same victim, Haines’s live-in girlfriend, Jacqueline Bohley, and arose from incidents that occurred in March and April 2002. This case concerns whether the trial court properly admitted [394]*394expert testimony regarding battered-woman syndrome as part of the state’s casein-chief.

{¶ 2} Haines and Bohley met on December 26, 1997. By July 1998, they had begun living together in the home of Haines’s brother, Ryan, and in January 2000, they moved into a condominium that Bohley had purchased. Bohley described the relationship as rocky and testified that Haines did not allow her to have friends or much freedom. She had to wear a pager so that he could always reach her. Haines timed how long Bohley’s trip between home and work should take and required her to phone him upon leaving for work and arriving at work. If she was late, he would get very angry, and a fight would ensue. Bohley was called into her boss’s office at least three times because her telephone arguments with Haines disrupted her work. Haines also demanded constant contact regarding Bohley’s whereabouts outside of work. Bohley said that she complied in order to avoid arguments.

{¶ 3} On May 6, 2001, Bohley and Haines became engaged. On October 8, 2001, Bohley went to police to report an incident of domestic violence that had occurred on October 4, 2001. Haines was convicted of a domestic violence charge and served 18 days in jail. Bohley ended their engagement and got a temporary protection order against Haines.

{¶ 4} On cross-examination, Bohley testified that she was soon seeing Haines again. His 18-day jail term was work-release (Haines spent only evenings in jail), and Bohley would visit him during the day. Later, Haines served a period of house arrest at his brother’s home, and Bohley visited him there, too, occasionally spending the night and engaging in sexual relations. Bohley never removed all of Haines’s possessions from her home, and by late January 2002, they were again living together in Bohley’s condominium.

{¶ 5} The first event leading to the charges in this case occurred on Easter Sunday, March 31, 2002. Bohley found a card to Haines from another woman when she was putting away some of his belongings; she went outside to confront him about it. Haines suggested that they go inside the house to discuss the matter, and Bohley complied. When then were both inside, Haines locked the door and the deadbolt. Haines told Bohley that he would be moving out, but only when he wanted to, and that it could take a year for him to do so. Bohley said that she would no longer be sleeping with him in the same bed, which infuriated Haines. Haines picked up a piece of baseboard left from a remodeling project and struck Bohley on the arms and legs. He then began breaking objects in the house. Bohley tried to escape by running through a sliding glass door, but she was unable to break the glass. In an effort to divert Haines’s attention, Bohley slit her wrist with a piece of broken glass. She drew blood, and Haines did show some concern and helped her wrap the wrist.

[395]*395{¶ 6} After helping Bohley with her wrist, Haines told her that he was going to show her what it was like to be in jail and ordered her into her condominium’s crawlspace. His jail sentence had become a consistent theme in their relationship, and he said that he would make her stay in the crawlspace for 18 days. Bohley entered the crawlspace, which was about three feet high and had a lid, feeling that she had no other choice. The lid had a hole in it, and Haines ordered Bohley to keep her finger through the hole at all times so that he could be sure she was not trying to escape. Haines screwed eight screws into the lid once she was inside. Periodically, he checked to see if her finger was still in the hole, and then released her after 30 to 45 minutes. Haines was upset and crying when he released Bohley and asked her to pray with him. She prayed with him and told him she forgave him, in order to appease him.

{¶ 7} After the prayer, Haines told Bohley that they were going to take an Easter gift to his daughter. While driving home from making that delivery, Haines became agitated again, and when they arrived back home, Bohley refused to leave the vehicle. Haines told her that she could trust him and that he would not hurt her if she went inside the house, so Bohley reluctantly accompanied him inside. Once inside, he locked the doors and told her that she was going to die that night. Bohley screamed, and Haines covered her mouth and nose. He punched and then kicked Bohley in the ribs and stepped on her ankle. After that, they went to bed.

{¶ 8} The next day, Bohley told Haines’s family members what had happened the night before. That evening, Haines and Bohley met with his father to discuss the situation. They all agreed that Haines should move out of Bohley’s condominium.

{¶ 9} Upon cross-examination regarding the March 31 incident, Bohley testified that she and Haines had engaged in sexual relations that evening. She also testified that she had gone to the emergency room on April 5 to have her painful ribs checked, but that she had lied to the people caring for her about the cause of her injury, claiming that she had fallen over a fence while rollerblading. Haines’s counsel also elicited testimony from Bohley on cross-examination that she did not tell any of her co-workers or any doctors what had happened on March 31, 2002, and that she did not report that incident to police until after the April 18 incident.

{¶ 10} Despite the earlier agreement that Haines would move out, he did not, and the situation deteriorated. In the early evening of April 17, 2002, Haines and Bohley engaged in what she called “abnormal” sexual relations involving the Internet, which Bohley said Haines knew disgusted her. Haines immediately left the house for a couple of hours. When he returned at about 10:30, he was upset. He blamed Bohley for his jail term and wanted her to apologize. For self-preservation, she told him what he wanted to hear. Haines twisted her wrist and [396]*396stuck his fingers in her eyes. He ripped her nightgown and got a belt from the closet, commenting that he was going to hit her like a child with the belt because that was the only way she would understand that what she had done was wrong. He told he to lie on her stomach, and he hit her five times on the buttocks with the belt.

{¶ 11} Haines became concerned that Bohley might tell someone what had happened and began swinging the belt again with more force. He hit her multiple times in the shoulder and arm. He then cried out that Bohley had ruined his life, and she comforted him in an effort to defuse the situation. He took some sleeping pills, but before he fell asleep, he told her to keep her hand on him at all times so that he would know whether she was trying to get away. He allowed her to go to the bathroom, but warned her to not try to go downstairs.

{¶ 12} The next morning, Haines refused to allow Bohley to go to work. Fearing that her work colleagues would be concerned by her absence, Haines directed Bohley to phone the office and leave a message. As she made the call, Haines held his fist against her face. Soon after, Haines ordered Bohley to place another call to work, begging to not be fired. Haines held a knife to her throat as she made that call.

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Cite This Page — Counsel Stack

Bluebook (online)
2006 Ohio 6711, 860 N.E.2d 91, 112 Ohio St. 3d 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haines-ohio-2006.