from the Court of Common Pleas, Case No. 2016CR0731
D. FERRERO Prosecuting Attorney By: RONALD MARK CALDWELL
Assistant Prosecuting AttorneyFor Plaintiff-Appellee For
FREDRICK PITINII Central Plaza South For Defendant-Appellant
JUDGES:Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon.
Earle E. Wise, Jr., J.
1} Defendant-Appellant, Kenneth Arthur Roth, appeals the
February 15, 2017 judgment of conviction of the Court of
Common Pleas of Stark County, Ohio. Plaintiff-Appellee is the
state of Ohio.
AND PROCEDURAL HISTORY
2} On December 11, 2009, the victim, age 61, was found
murdered in her home. The cause of death was ligature
strangulation. She was discovered face down on the floor with
her underwear tied around her neck. A laptop, two firearms,
and a small fireproof safe were found missing from the home.
DNA testing on several items did not reveal any suspects.
With the advancements of DNA testing, the DNA samples were
again tested in 2013 using Y-STR analysis. The results could
not exclude appellant or his male paternal relatives.
Appellant had worked as a handyman for the victim.
3} On April 20, 2016, the Stark County Grand Jury indicted
appellant on one count of aggravated murder in violation of
R.C. 2903.01. A jury trial commenced on February 6, 2017. The
jury found appellant guilty as charged. By judgment entry
filed February 15, 2017, the trial court sentenced appellant
to life in prison without parole.
4} Appellant filed an appeal and this matter is now before
this court for consideration. Assignments of error are as
5} "DEFENDANT'S CONVICTION WAS NOT SUPPORTED BY
SUFFICIENT EVIDENCE AND THE COURT ERRED AS A MATTER OF LAW IN
DENYING THE DEFENSE'S RULE 29 MOTION AND SUBMITTING THE
MATTER TO THE JURY."
6} "APPELLANT'S CONVICTION WAS AGAINST THE MANIFEST
WEIGHT OF THE EVIDENCE."
7} In his two assignments of error, appellant claims the
trial court erred in denying his Crim.R. 29 motion for
acquittal, and his conviction was not supported by the