Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-604551-B
ATTORNEY FOR APPELLANT Michael P. Maloney
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Carl Mazzone Assistant County
Prosecutor The Justice Center
BEFORE: Jones, J., Blackmon, P.J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
A. JONES, SR, JUDGE
Defendant-appellant Isaiah Campbell ("Campbell")
appeals his conviction and classification as a sexually
violent predator. For the reasons that follow, we affirm.
This case originated in juvenile court when 17-year-old
Campbell was charged in connection with offenses alleged to
have occurred on or about April 21, 2013. Following a
mandatory bindover, Campbell and codefendant Deshawn Strowder
("Strowder"), were indicted. Campbell was
charged with three counts of rape with one- and three-year
firearm specifications, two counts of kidnapping with one-
and three-year firearm specifications, aggravated robbery
with one- and three-year firearm specifications, felonious
assault with one- and three-year firearm specifications, and
grand theft of a motor vehicle with one- and three-year
firearm specifications. A sexually violent offender
specification was also attached to the counts; this
specification was tried to the bench. The remaining counts
and specifications proceeded to a jury trial.
The following pertinent evidence was presented at trial.
S.W., a 44-year-old female, was leaving a club and was
stopped at a traffic light in East Cleveland. Two males,
wearing sweatshirts with the hoods obscuring part of their
faces, approached S.W.'s car and jumped in. One male got
in the backseat and pointed a gun at her. The other male got
in the front passenger seat and pointed his gun at her. The
male in the backseat ordered S.W. to drive and directed her
to a street of abandoned houses. The males then forced S.W.
to have oral and vaginal intercourse. The males rummaged
through S.W.'s purse, ordered her from the car, and fled
in her vehicle. S.W. ran to find help, then called police.
Cuyahoga County Deputy Sheriff Shannon Cushman ("Deputy
Cushman") responded to the scene. He observed that S.W.
was hyperventilating and hysterical. Deputy Cushman stated
that she seemed slightly intoxicated. S.W. initially denied
S.W. was taken to the hospital where Denise Robinson
("Nurse Robinson"), a Sexual Assault Nurse Examiner
("SANE"), performed the rape kit. Nurse Robinson
swabbed the partial plate inside S.W.'s mouth, the back
of her left thigh, a dry stain on her interior right side,
her anus, her vagina, her mouth, and her fingers. The nurse
also collected hair samples, scraped S.W.'s fingernails,
and took S.W.'s shirt, leggings, and bra. Nurse Robinson
documented that S.W. told her that both attackers raped her
orally and vaginally. S.W. reported some tenderness of her
Two days after the attack, S.W.'s stepbrother was driving
when he saw S.W.'s stolen car with four males in it. He
called police and followed the car. The males noticed they
were being followed, stopped the car, and "bailed."
One male, who was wearing a cast on his arm, fired a gun at
During the investigation, police matched two fingerprints and
a palm print from the stolen car to Campbell. Fingerprints
were also matched to two other males. None of the prints
matched Strowder. The police recovered three shell casings
from the vehicle. East Cleveland Detective Ernest Stanford
("Detective Stanford") collected a buccal swab from
Campbell, who told the detective that he did not know S.W.
and had never had sex with her. Detective Stanford also
interviewed Strowder, who acknowledged that in April 2013, he
had a cast on his arm and had a gun, but denied having sex
with S.W. or any involvement in the matter.
Cuyahoga County Deputy Sheriff Yashila Crowell prepared a
photo array based upon the fingerprint evidence. S.W.
identified an assailant based on the photo array, but his DNA
profile was not contained in the bodily fluid swabs from the
rape kit, and he was excluded from involvement. S.W. was
shown another array, and she incorrectly identified two other
individuals who did not have a connection to the case, and
failed to identify Campbell or Strowder's photograph.
S.W. testified she was shown two photo arrays and identified
individuals that were later excluded from involvement in the
matter. S.W. explained that she could only see part of the
attackers' faces because of their hooded sweatshirts.
Ohio Bureau of Criminal Investigation ("BCI")
forensic scientists Deidre Hartz and Emily Feldkris analyzed
the DNA samples obtained during the SANE examination. The
oral swabs contained semen that was a mixture from Campbell
and Strowder. The probability of finding this same DNA
profile in the general population was one in a trillion as to
Campbell and one in 780, 000, 000 as to Strowder. One of the
swabs from S.W.'s underwear also contained a mixture from
both Strowder and Campbell. The probability of finding this
same DNA profile in the general population was one in 92,
940, 000 as to Campbell and one in a trillion as to Strowder.
The jury convicted Campbell of two counts of rape with
firearm specifications, two counts of kidnapping with firearm
specifications, aggravated robbery with firearm
specifications, felonious assault with firearm
specifications, and grand theft of a motor vehicle with
firearm specifications. At the sentencing hearing, the trial
court found Campbell to be a sexually violent offender and
classified him as a Tier III sex offender. The trial court
merged the two counts of kidnapping, the aggravated robbery
and grand theft of a motor vehicle, and found that the
felonious assault merged into all other counts. The trial
court sentenced Campbell to a total of 36 years to life in
prison, consecutive to a 14-year sentence he was serving in
an unrelated case.
Campbell appealed, and raises the following assignments of
error for our review:
I. The trial court erred in considering incompetent hearsay
evidence in determining that appellant was a sexual violent
II. The trial court erred in finding that appellant was a
sexual violent predator upon insufficient evidence.
III. The finding that appellant was a sexual violent predator
was against the manifest ...