Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Wareham

Court of Appeals of Ohio, Third District

July 22, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
LOVELL C. WAREHAM, DEFENDANT-APPELLANT

Appeal from Crawford County Common Pleas Court Trial Court No. 12-CR-0048 Judgment

Shane M. Leuthold for Appellant

Ryan M. Hoovler for Appellee

OPINION

ROGERS, J.

{¶1} Defendant-Appellant, Lovell Wareham, appeals the judgment of the Court of Common Pleas of Crawford County convicting him of unlawful sexual conduct with a minor and sentencing him to a 14-month prison term. On appeal, Wareham asserts that his conviction was against the manifest weight of the evidence. For the reasons that follow, we affirm the trial court's judgment.

{¶2} On March 12, 2012, the Crawford County Grand Jury indicted Wareham with one count of unlawful sexual contact with a minor in violation of R.C. 2907.04(A), a felony of the fourth degree. The indictment arose from an alleged sexual relationship between Wareham, who was 20 years old, and C.T., a 13-year old female. The relationship purportedly lasted between January 3, 2012 and February 21, 2012.

{¶3} This matter went to trial on August 2, 2012. At trial, Officer Thomas Walker of the Bucyrus Police Department was the first to testify. He indicated that on February 21, 2012, he was dispatched to the residence at 1118 Willard Street, where there were reports of an altercation. While Officer Walker was en route to the house, the dispatcher informed him that Wareham had been involved and was walking southbound away from the residence. As Officer Walker got closer to the residence, he spotted Wareham walking as the dispatcher had said and stopped his cruiser. According to Officer Walker, Wareham then voluntarily agreed to get into the cruiser because it was raining and he needed a ride. After getting into the cruiser, Officer Walker drove Wareham back to the residence.

{¶4} Officer Walker testified that he talked to C.T.'s mother, Brandy Shaw, when he arrived on the scene:

Ms. Shaw told me that, uhm, she had found that Mr. Wareham was 20-years old and her daughter admitted to having sex with Mr. Wareham. Uhm, she initially stated that the fight - or she was misled, that he had told her that his name was Caleb and he was 16-years of age.
And that he had come to the house wanting to make contact with her and she refused to let allow [sic] him in the house. And at some point, uhm, [C.T.]'s brother showed up and a physical altercation ensued between the two of them. Trial Tr., p. 65.

Upon learning this, Officer Walker commenced his investigation by confronting Wareham with Shaw's allegations. Officer Walker described this initial confrontation as follows:

Q: Okay. And did [Wareham] say anything to you at that time?
A: At the time when he was getting out of the car, he said I shouldn't - pardon my expression for using profanity - he said, "I should have not fucked with that girl. I should have left her alone." Trial Tr., p. 65-66.

{¶5} After this initial confrontation, Wareham was taken to an interrogation room, where Officer Walker performed a pat-down search of him. Officer Walker testified that he found five condoms on Wareham's person. Once the search was over, Officer Walker stated that "Mr. Wareham had made the comment that, 'He always practiced safer sex with [C.T.]. He always used a condom.'"[1] Trial Tr., p. 66. Subsequently, Officer Walker testified that he Mirandized Wareham, who said that he did not want to make any further statements without an attorney present.

{¶6} On cross-examination, Officer Walker discussed C.T.'s statements to Wareham's family regarding her age:

Q: All right. Now, did it not come out in the investigation that [C.T.] was telling [Wareham]'s family she was 17?
A: She never said that. During my videotape interview with her she said that she emphatically told him that she was 13-years old and that he was fully aware of it. Trial Tr., p. 70.

Officer Walker acknowledged that there was no recording of Wareham's statements described above. He also admitted that he did not attempt to find physical evidence of a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.