Court of Appeals of Ohio, Eleventh District, Ashtabula
Appeal from the Ashtabula County Court of Common Pleas. Case
No. 2015 CR 00315.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley
M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse,
Michael A. Hiener, (For Defendant-Appellant).
TIMOTHY P. CANNON, J.
Appellant, Larry E. Alex, appeals from the August 25, 2016
judgment entry of sentence and judgment on the verdict of the
Ashtabula County Court of Common Pleas. Appellant was found
guilty by jury verdict of Gross Sexual Imposition, a
third-degree felony in violation of R.C. 2907.05(A)(4). For
the following reasons, the judgment of the trial court is
On July 17, 2015, appellant was charged with one count of
Gross Sexual Imposition, a third-degree felony in violation
of R.C. 2907.05(A)(4) (Count 1) and two counts of Gross
Sexual Imposition, fourth-degree felonies in violation of
R.C. 2907.05(A)(1) (Counts 2 & 3). The charges stemmed
from appellant's alleged conduct with his minor daughter,
B.A., from May 16, 2012, through May 15, 2014; January 1
through December 31, 2014; and January 20 through January 21,
The matter proceeded to jury trial on August 23, 2016, and
the jury entered its verdict on August 24, 2016, finding
appellant guilty on Count 1 and not guilty on Counts 2 &
On August 25, 2016, the trial court entered its judgment on
the verdict and sentenced appellant to serve a term of 60
months in prison on Count 1, with nine days of jail-time
credit granted. He was classified as a Tier II Sex Offender
and ordered to pay all court costs. The court also informed
appellant he would be subject to a mandatory five-year period
of post-release control following his release from prison.
Appellant filed a timely notice of appeal on September 20,
B.A. was 15 years old at the time of trial. She testified to
multiple incidents that occurred, starting when she was 11
years old, during which appellant touched her
inappropriately. At some point, according to her testimony,
B.A. began sleeping with appellant in his bed because he was
"having little strokes at night where he couldn't
breathe" and she was worried about him. B.A. testified
that appellant once restrained her to his bed with black
leather straps and put his mouth on her breasts; he once
restrained her with ropes attached to eye bolts in the
basement ceiling and touched her vagina; and he had grabbed
her buttocks and breasts on multiple occasions. Shortly after
the last incident, wherein appellant had grabbed her buttocks
and breast, B.A. was grounded for calling appellant a
On January 23, 2015, about a week after the last incident,
B.A. told a counselor at her school about appellant's
behavior towards her.
B.A. was later interviewed by Ann Lynch, a forensic
interviewer from Ashtabula County Children Services. B.A.
explained she had not told Ms. Lynch everything she testified
to at trial because, at the time, she was "scared [that
her dad] would get mad at [her] for telling."
On cross-examination, defense counsel questioned B.A. about
her interview with Ms. Lynch:
Defense Counsel: Okay. You remember meeting
with Miss Lynch, correct?
Defense Counsel: And she interviewed you in
Defense Counsel: Did you, at the beginning
of that interview, agree to a couple ground rules for the
interview, that you would tell the truth; if you didn't
know a question, you would say you didn't know; that type
Defense Counsel: Do you remember telling
Miss Lynch that you couldn't say when these things
happened. But that they had stopped?
B.A.: I remember that.
Defense Counsel: And was that the truth?