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City of Cleveland v. Moore

Court of Appeals of Ohio, Eighth District

July 3, 2013

CITY OF CLEVELAND, PLAINTIFF-APPELLEE
v.
PATRICK MOORE, DEFENDANT-APPELLANT

Criminal Appeal from the Cleveland Municipal Court Case No. 2011 CRB 020626.

ATTORNEY FOR APPELLANT: Mary Elaine Hall.

ATTORNEYS FOR APPELLEE: Barbara Langhenry Director of Law By: Verlinda Powell Assistant City Prosecutor

BEFORE: Keough, J., Stewart, A.J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶ 1} Defendant-appellant, Patrick Moore, appeals from the judgment of the trial court finding him guilty of menacing by stalking and aggravated trespass. For the reasons that follow, we affirm.

I. Factual and Procedural Background

{¶2} Moore was charged in Cleveland Municipal Court with telephone harassment, aggravated trespass, and menacing by stalking. He pleaded not guilty and the matter proceeded to a bench trial.

{¶3} Moore's then-estranged (now ex) wife, Dora Moore, testified at trial that Moore moved out of the marital home in May 2011. She said that despite a protection order, in June 2011, Moore called her repeatedly over several days and left harassing messages on her answering machine. The prosecutor played two audiotapes of the messages at trial.

{¶ 4} Dora testified that Moore also stalked her several times in early June. She testified further that on June 11, Moore came to her house at approximately 6 a.m. and asked for something from the house. When she told him to get a police escort, he threatened to commit suicide. Moore left after about ten minutes, but later that day called Dora several times and left harassing messages.

{¶ 5} Dora said that Moore came to her house again the next day at approximately 7 a.m. and stood in the backyard, demanding his belt. Dora threw the belt out of the window, but then Moore demanded his shoes. Dora said her son took a box of shoes outside to Moore, who then began throwing them at the house. Moore left but then called Dora several times later that day demanding furniture and other items from the home.

{¶ 6} Dora testified that several days later, Moore drove by her as she was walking down the street, parked his car, and then walked toward her while holding out a letter for her. She avoided him by walking on the other side of the street; later that day, Moore called Dora many times threatening suicide.

{¶7} Maiden Sarin, Moore's stepson, testified that when Moore came to the house on June 11 and 12, 2011, he and the neighbor videotaped Moore "to show that he was showing up at our home without the police." The prosecutor played the videos at trial.

{ΒΆ 8} The trial court subsequently ruled that the audiotapes were inadmissible but admitted the videotapes (two DVDs, exhibit Nos. 3 and 4). The trial court granted Moore's Crim.R. 29(A) motion for acquittal in part, dismissing the telephone harassment charges. The court then found Moore guilty of menacing by stalking and aggravated trespass, and sentenced him on both counts to 151 days incarceration, to be served concurrently, a $1, 000 ...


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