Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-15-596007-A
Richard E. Hackerd ATTORNEY FOR APPELLANT
Michael C. O'Malley Cuyahoga County Prosecutor By: Steven
N. Szelagiewicz Assistant County Prosecutor ATTORNEYS FOR
BEFORE: Keough, J., E.T. Gallagher, P.J., and Celebrezze, J.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, JUDGE
Defendant-appellant Durrell Frizzell ("Frizzell")
appeals from the trial court's judgment, rendered after a
bench trial, finding him guilty of domestic violence and
endangering children. Frizzell contends that he was denied
due process and his right to a fair trial when the trial
court limited his right to cross-examine a witness, and that
his convictions were against the manifest weight of the
evidence. Finding no merit to the appeal, we affirm.
Facts and Procedural Background
Frizzell was indicted in a five-count indictment. Count 1
charged rape in violation of R.C. 2907.02(A)(2); Count 2
charged kidnapping in violation of R.C. 2905.01(A)(4); Count
3 charged domestic violence against Keyana Tillie
("Tillie") in violation of R.C. 2919.25(A); Count 4
charged domestic violence against S.F., Frizzell and
Tillie's minor child, in violation of R.C. 2919.25(A);
and Count 5 charged endangering children regarding S.F. in
violation of R.C. 2919.22(B)(3). Frizzell pleaded not guilty
and waived his right to a jury trial, and the matter
proceeded to a bench trial.
Tillie testified at trial that she and Frizzell did not live
together. In April 2015, Tillie agreed that Frizzell could
come to the house to speak with S.F., who had recently been
getting into trouble at school and engaging in sex. Tillie
testified that on April 15, 2015, Frizzell came to the house
and went to S.F.'s bedroom. She said that Frizzell
"seemed calm and rational, " so she left the room
to take a shower. As she was showering, she heard "a lot
of noise, almost like furniture was being moved." She
said she wrapped a towel around herself and went to
S.F.'s room, where she saw Frizzell standing over S.F.,
who was on the floor. Tillie said she saw Frizzell kick S.F.
once in the stomach and that she later saw various bruises on
S.F.'s wrist, back, and stomach. Tillie told Frizzell to
leave the house and went upstairs to her room to get dressed.
Tillie said that Frizzell came into her bedroom and wanted to
have sex with her. She told him she "was not in the
mood" for sex but they had sex anyway. Frizzell then
left the house.
Tillie testified that she decided to report the incident to
the police because several weeks prior, Frizzell had grabbed
her and thrown her into the wall at her house while they were
S.F. testified that she was 12 years old on April 15, 2015.
She said that she was napping in her bedroom and woke up
after Frizzell "playfully" hit her on her leg with
his hands. She testified that Frizzell talked to her about
why she was "acting up", and then the conversation
turned "angry and physical" when Frizzell hit her
four or five times on her arm. She said that as she was
backing up because she did not want to get hit again, she
tripped on a table and fell to the ground. She acknowledged
that there was a bruise on her wrist from her fall but denied
that Frizzell kicked her when she was on the floor. S.F.
testified that she felt it was unnecessary to report the
incident to the police, and that Frizzell apologized for
Algenon Pugh, a neighbor of Tillie's, testified that he
went to Tillie's house on April 15, 2015 after she called
him and told him what had happened. He said that he saw S.F.
"folded up and crying, " "holding her stomach,
" in her bedroom.
Cleveland Heights Police Detective Brett Billi described his
investigation of the incidents. He testified that he
interviewed Tillie on May 5, 2015. He interviewed S.F.
several days later but said "she was evasive and did not
want to speak to us." He also went to Tillie's house
and took a picture of the hole in the wall and of Tillie
standing in front of ...