Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Campbell

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 26, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ISAIAH CAMPBELL DEFENDANT-APPELLANT

          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

          LARRY A. JONES, SR, JUDGE

         {¶1} Defendant-appellant Isaiah Campbell ("Campbell") appeals his conviction and classification as a sexually violent predator. For the reasons that follow, we affirm.

         {¶2} 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.[1] 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.

         {¶3} The following pertinent evidence was presented at trial.

         {¶4} 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.

         {¶5} 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 vaginal penetration.

         {¶6} 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 labia majora.

         {¶7} 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 the stepbrother.

         {¶8} 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.

         {¶9} 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.

         {¶10} 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.

         {¶11} 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.

         {¶12} 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.

         {¶13} 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 predator.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.