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. Boehme

Court of Appeals of Ohio, Second District, Montgomery

October 20, 2017

STATE OF OHIO Plaintiff-Appellee
v.
JONATHAN C. BOEHME, JR. Defendant-Appellant

         Criminal Appeal from Common Pleas Court Trial Court Case No. 15-CR-1221

          MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Atty. Reg. No. 0069384, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Attorney for Plaintiff-Appellee

          ENRIQUE G. RIVERA-CEREZO, Atty. Reg. No. 0085053, Attorney for Defendant-Appellant

          OPINION

          HALL, P.J.

          {¶ 1} Jonathan Boehme appeals from his convictions for rape and gross sexual imposition. Finding no error, we affirm.

         I. Background

         {¶ 2} In May 2015, Boehme was indicted on three counts of rape of a child under thirteen years of age, one count of attempted rape of a child under thirteen, and one count of gross sexual imposition. Boehme filed a number of pretrial motions, including one that asked the trial court to hold a Daubert Hearing regarding the testimony of child psychologist Dr. Brenda Joyce Miceli, who was expected to testify about the behavioral dynamics of child sexual abuse victims. The trial court overruled the motion.

         {¶ 3} At the trial, "Jane"[1] testified that in the summer of 2012, when she was 11 years old, Boehme, her mother's boyfriend, moved into her home. Within a month, Jane said, Boehme began sexually molesting her. The first time happened early one morning before school while Jane was lying in bed. Boehme walked into her bedroom, and she thought that he was coming to get her clothes to put in the laundry. But Boehme got into her bed, pulled down her underwear, and pushed his fingers into her vagina. He stopped when Jane's younger brother knocked on her bedroom door, and then left the room.

         {¶ 4} Jane testified that the abuse started happening two or three times a week, usually in the morning, usually in her bedroom, and often on Saturdays, when her mother was at work. She remembered one incident in particular that occurred in her mother's (and Boehme's) bedroom. Jane had been sick over night and was in her mother's bed sleeping. Her mother was sleeping in a recliner in the room (where she often slept because lying in bed hurt her back). Boehme was in the bed too. Jane did not think that he would "try anything" with her mother in the room. But she woke up to Boehme's fingers inside her underwear and inside the folds of her "private area." When Jane rolled over, he stopped. She described another incident when she was in the sixth grade. She was laying in her bed when Boehme came into her room and pushed a pillow against her face. He then removed the pillow and held her hands down as he stuck his penis in her mouth. Jane began crying and kicking, and Boehme got angry and left. She then went into the bathroom to throw up and brush her teeth. Jane also testified that, beginning in 2015, Boehme would hold her down or place a pillow over her face while he rubbed his penis between her upper thighs until he ejaculated. When he was done, he would use a towel to wipe off her legs.

         {¶ 5} Finally, in March 2015, Jane told a friend of hers what was going on, and that friend encouraged Jane to tell her mother. Jane did so in a letter, and immediately after reading the letter, her mother kicked Boehme out of the house. A few days later, Jane walked to the Brookville Police Department and reported the abuse. Jane was soon interviewed at CARE House (an advocacy center for abused children) and examined at Dayton Children's Hospital.

         {¶ 6} During the investigation, police collected the bedding from Jane's bed and sent it to the Miami Valley Regional Crime Laboratory for testing. A forensic scientist found five separate semen stains on the bed sheets. At trial, the scientist testified that, based on DNA testing, Boehme was the source of three of the stains. A DNA profile could not be obtained from one of the stains. And while the scientist could not be certain that Boehme was the source of the other stain, the stain's DNA profile is consistent with Boehme's DNA.

         {¶ 7} On Boehme's motion, the trial court acquitted him of attempted rape. The jury found him guilty on the remaining three counts of rape and one count of gross sexual imposition. Boehme was sentenced to three concurrent prison terms of 10 years to life and a consecutive 18-month term for gross sexual imposition.

         {¶ 8} Boehme appealed.

         II. ...


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.