State v. Workman

471 N.E.2d 853, 14 Ohio App. 3d 385, 14 Ohio B. 490, 1984 Ohio App. LEXIS 11917
CourtOhio Court of Appeals
DecidedMarch 20, 1984
Docket47044
StatusPublished
Cited by38 cases

This text of 471 N.E.2d 853 (State v. Workman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Workman, 471 N.E.2d 853, 14 Ohio App. 3d 385, 14 Ohio B. 490, 1984 Ohio App. LEXIS 11917 (Ohio Ct. App. 1984).

Opinion

CORRIGAN, P.J.

Scott Workman, the appellant in the above-captioned case, was indicted on February 10, 1983 on two counts of kidnapping (R.C. 2905.01), on two counts of attempted rape (R.C. 2907.02, 2923.02), on two counts of intimidation (R.C. 2921.03), and on one count of extortion (R.C. 2905.11). He pleaded not guilty to all counts.

On May 2,1983, the appellant’s trial before a jury began. Eight days later, guilty verdicts were returned on one count of kidnapping, on one count of attempted rape, and on the count of extortion. A verdict of not guilty was reached on the second kidnapping count. The second count of attempted rape and the two counts of intimidation were dismissed by the trial court. The appellant was then sentenced to consecutive prison terms of five to fifteen years and three to ten years.

On January 5, 1983, the appellant was at the home of Inez Rash, a woman with whom he had been having a relationship. Also present at the time were Rash’s children Allan Ozanich, Lola Ozanich, and Paula Carpenter, Carpenter’s three-year-old daughter Crystal, and Crystal’s seven-year-old friend Lisa Nazarm. At approximately 4:00 P.M., everyone left the house, except for the appellant and the two little girls, Crystal and Lisa. Crystal testified that the appellant then took her and Lisa into an upstairs bedroom, prevented them from leaving the room by placing a sock on the door, and took his clothes off. He allegedly requested the girls to do the same, but they refused. Crystal stated that the appellant then asked her to place her mouth on his genitals, which she would not do. Both girls testified that the appellant then urinated in Crystal’s eyes. Lisa rinsed out Crystal's eyes with water and then managed to get the bedroom door open. As she and Crystal were running out, the appellant *387 allegedly told them that they better not say anything about what just happened.

The appellant’s version of the facts is quite different. He testified that he knew both girls quite well and that he used to play with them and read to them. He stated that he was upstairs taking a shower and shaving when the girls wandered into the bedroom. Crystal asked him if he would splash some of his after-shave on her face, and when he did, some of the lotion got into her eyes. He then told Lisa to rinse out Crystal’s eyes. The girls left the room, and the appellant followed shortly thereafter. He went downstairs and opened the door when some of the other family members returned home.

That evening, Crystal told her mother about what had happened that afternoon. Paula Carpenter’s testimony was that at first, she did not believe her daughter’s story. However, she claims that she verified the facts the next day with Lisa’s mother. She then took Crystal and Lisa to the hospital where they were examined. It was while they were at the hospital that Paula Carpenter informed the police about the incident which her daughter had recounted.

Over three weeks later, Paula Carpenter received a letter from the appellant threatening to expose stories that would severely damage her reputation if she decided to press charges and testify against him in court. Additionally, she was visited by a friend of the appellant who encouraged her to drop the charges against the appellant. He told Carpenter that if she did drop the charges, the appellant would never bother her again. Undeterred, Carpenter did testify against the appellant in the trial that resulted in his conviction.

The appellant is now before this court assigning the following errors:

“I. The court committed prejudicial error and denied the defendant due process of law when it allowed witnesses for the prosecution to testify without being sworn.

“II. The court committed prejudicial error in not permitting counsel to ask questions of the witnesses when a determination was being made as to whether they were qualified to testify.

“III. . The defendant was denied a fair trial when the court ruled that Crystal Carpenter and Lisa Nizarm [sic] were competent witnesses.

“IV. The defendant was denied his constitutional rights when the court ordered that the courtroom be cleared of everyone except the participants during the testimony of two prosecution witnesses, Crystal Carpenter and Lisa Nizarm [sfc].

“V. The court committed prejudicial error in not requiring that the prosecuting attorney produce the statement of Paula Carpenter.

“VI. The defendant was denied a fair trial by reason of the fact that he was not permitted to present a defense and to cross-examine witnesses.

“A). The prosecution improperly used hearsay testimony of officer Barbara Parker.

“B). The defendant was prejudiced from presenting proper evidence.

“VII. The court committed prejudicial error in permitting evidence of specific instances of alleged misconduct of the defendant so as to deny the defendant a fair trial.

“VIII. The defendant was denied a fair trial by reason of improper and prejudicial cross-examination of the defendant.

“IX. The defendant was denied a fair trial by the use of incompetent, irrelevant and prejudicial testimony.

“A). The defendant was denied a fair trial by reason of references to his being in jail.

“B). The court improperly allowed Paula Carpenter to relate what she had been told by Crystal Carpenter.

“X. The court committed prejudi *388 cial error in overruling the objection made by the prosecuting attorney during the course of his closing argument.

“XI. The court committed prejudicial error in not giving in form or in substance a special requested instruction of the defendant concerning the credibility of child witnesses.

“XII. The court committed prejudicial error in not instructing the jury in accordance with a request of the defendant as to the use of circumstantial evidence.

“A). The court did not fully instruct on circumstantial evidence as requested.

“B). The court erred in not giving the instruction on equal inferences.

“C). The court erred in not instructing on both circumstantial and direct evidence.

“XIII. The court committed prejudicial error in not instructing the jury concerning the limited use and consideration of hearsay statements.

“XIV. The court committed prejudicial error in refusing to instruct the jury that truth is a defense to the allegations of the extortion indictment.

“XV. The court committed prejudicial error in not instructing the jury upon lesser included offenses.

“XVI. The defendant was denied a fair trial when the court refused to give requested instruction and gave improper instructions.

“ A). The court erred when it would not define value in the extortion count.

“B). The court erred in instructing the jury upon immaterial and irrelevant elements of the offense.

“C). The court erred in refusing to instruct as to the definition of sexual conduct.

“XVII. The defendant was denied due process of law when the court refused to dismiss the extortion count of the indictment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Voltz
2022 Ohio 4351 (Ohio Court of Appeals, 2022)
Allen v. Allen
2022 Ohio 3198 (Ohio Court of Appeals, 2022)
State v. Cooperstein
2019 Ohio 4724 (Ohio Court of Appeals, 2019)
State v. Burks
2018 Ohio 4777 (Ohio Court of Appeals, 2018)
State v. Newell
New Mexico Court of Appeals, 2014
Randall S. Rothwell
294 P.3d 1137 (Idaho Court of Appeals, 2013)
State v. Davis
New Mexico Court of Appeals, 2012
State v. Eberth, 07-Ma-196 (12-10-2008)
2008 Ohio 6596 (Ohio Court of Appeals, 2008)
State v. Cunningham
899 N.E.2d 171 (Ohio Court of Appeals, 2008)
State v. Thomas, Unpublished Decision (12-14-2006)
2006 Ohio 6588 (Ohio Court of Appeals, 2006)
State v. Jenkins, Unpublished Decision (5-12-2006)
2006 Ohio 2546 (Ohio Court of Appeals, 2006)
Phillips v. State
119 P.3d 711 (Nevada Supreme Court, 2005)
State v. Alexander, Unpublished Decision (10-18-2004)
2004 Ohio 5525 (Ohio Court of Appeals, 2004)
State v. Gumm, Unpublished Decision (7-15-2004)
2004 Ohio 3791 (Ohio Court of Appeals, 2004)
State v. Rector, Unpublished Decision (10-1-2003)
2003 Ohio 5438 (Ohio Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
471 N.E.2d 853, 14 Ohio App. 3d 385, 14 Ohio B. 490, 1984 Ohio App. LEXIS 11917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-workman-ohioctapp-1984.