from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney, BY:
KATHLEEN O. TATARSKY Assistant Prosecuting Attorney.
DONOVAN HILL For Defendant-Appellant.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Earle E. Wise, Jr., J.
Defendant-appellant Jeremy Wilson appeals his conviction and
sentence entered by the Stark County Court of Common Pleas,
on one count of sexual battery, in violation of R.C.
2907.03(A)(5), a felony of the second degree, following a
jury trial. Plaintiff-appellee is the state of Ohio.
OF THE CASE AND FACTS
On November 17, 2016, the Stark County Grand Jury secretly
indicted Appellant on the aforementioned charge. The charge
arose out of numerous incidents involving Appellant's
biological daughter, who was less than thirteen years of age,
and taking place between October 23, 2005, and December 31,
2013. Appellant appeared for arraignment on December 2, 2016,
and entered a plea of not guilty to the charge.
The trial court conducted an Arnold hearing on January 27,
2017. Megan Dahlheimer, a pediatric nurse practitioner, and
Carrie Schnirring, a psychology assistant, testified to the
statements made by the victim during their examination and
treatment. The trial court ruled limited statements made in
the course of treatment and diagnosis would be allowed during
the jury trial.
The trial court conducted a hearing on March 2, 2017.
Following the hearing, Appellant withdrew his motion to allow
the jury to hear evidence of a prior allegation after the
victim testified to the nature of that prior allegation.
The matter proceeded to trial on March 6, 2017. The following
evidence was adduced at trial.
The victim testified, when she was approximately three years
old, the family was residing in a trailer in Waynesburg,
Ohio. Appellant took her into the bedroom he shared with the
victim's mother and proceeded to touch her vaginal area
with his fingers. The victim recalled the family moved to her
aunt's house in Canton when she was in the third grade.
Appellant engaged in sexual contact with the victim while the
family resided in Canton. Appellant continued to abuse the
victim until she was 11 or 11 ½ years old.
The sexual contact usually involved Appellant sticking his
finger into the victim's vagina. When she was small,
Appellant would insert one finger into her vagina, but as she
advanced in age, he would use two fingers. Appellant would
sometimes lick her vagina.
When the victim was nine or ten years old, Appellant took her
on an out-of-state trip in the semi-truck he drove. While it
was still light outside, Appellant had the victim take a nap
with him in a bed placed in the back ...