Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-626046-A
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Jennifer A. Driscoll and Debora Brewer,
Assistant Prosecuting Attorneys, for appellee.
T. Forristal, for appellant.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, J.
1} Defendant-appellant, Scott Blachowski, appeals
from his convictions for rape, gross sexual imposition, and
endangering children. Finding no merit to the appeal, we
2} In February 2018, a Cuyahoga County Grand Jury
charged Blachowski in a sixteen-count indictment with six
counts of rape in violation of R.C. 2907.02(A)(1)(b); six
counts of gross sexual imposition in violation of R.C.
2941.148(A); and four counts of endangering children in
violation of R.C. 2919.22(B)(1). All of the rape and gross
sexual imposition counts carried a sexually violent predator
specification. Blachowski pleaded not guilty, and the matter
proceeded to a jury trial.
3} P.T., the great-grandmother of E.T., the victim,
testified that she obtained custody of E.T.'s mother,
K.T., when K.T. was nine years old. She testified that K.T.
gave birth to E.T. when she was 16 years old, but only a few
weeks after giving birth, K.T. "started becoming wild
again, drinking, taking marijuana," and did not want to
care for E.T. P.T. said that K.T. and Blachowski lived with
her but had a volatile relationship marred by drinking, drug
use, and domestic violence.
4} Blachowski and K.T. moved out of P.T.'s home
when E.T. was one year old, and P.T. continued to care for
the child. K.T. regained custody of E.T. when he was a
toddler, however, and E.T. moved in with her and Blachowski.
P.T. testified that K.T. and Blachowski continued to drink
"quite a bit," and K.T. used marijuana "all
5} E.T., who was ten years old at the time of trial,
testified that he lived with his mom, Blachowski, and two
siblings. He said that he saw his mom and dad "drinking
all the time," and he often saw his dad hitting his mom;
one time he saw Blachowski put a knife to K.T.'s stomach.
6} He said he, his mom, and dad all slept in the
same bed, and Blachowski began abusing him when he was four
or five years old. E.T. said that he told his mom what
Blachowski had done after the first time Blachowski touched
his penis, but Blachowski told K.T. "he thought it was
just the sheets," so she "didn't do
anything." E.T. testified that he knew Blachowski's
explanation was a lie because, he said, "I felt it. I
seen it. It happened to me. I know it wasn't a
7} E.T. said that Blachowski sexually abused him
repeatedly through the years. He said the incidents occurred
at night in bed while K.T. was sleeping, and he was afraid to
wake her up. He said that Blachowski touched his penis, and
forced him to touch Blachowski's penis. E.T. testified
further that Blachowski would put his penis in E.T.'s
mouth, and he was forced to put his penis in Blachowski's
mouth. E.T. testified that Blachowski once made him insert
his penis into his four-year-old sister's bottom; he said
he specifically remembered the incident because the family
had just moved back from Arizona when it happened.
8} E.T. testified that two days before he told his
grandmother what had been going on, Blachowski forced him to
watch pornography and then "the same thing as
always" happened; "he made me suck his penis. He
9} E.T. testified that he loved Blachowski, and that
Blachowski "tried to be a good dad." He said he was
"confused" when the sexual abuse happened because
he "kind of knew it was bad. But my dad did it."
10} P.T. testified that E.T. and his siblings spent
time at her house almost every weekend through the years. She
said that when E.T. was nine years old, she realized that he
seemed especially angry and unhappy, so she told him that he
could talk to her if something was bothering him. P.T. said
that E.T. then told her that Blachowski had touched him
"in his private area." P.T. testified that E.T.
told her that K.T. was sleeping in the bed while it was
happening, and P.T. "just took that to mean she had been
drinking." P.T. testified further that E.T. told her
that K.T. had believed Blachowski's explanation that it
was "just the sheet" when he had told her years ago
what had happened, and that he asked her to tell K.T. what
had been going on.
11} P.T. testified that E.T. moved in with her
shortly after Blachowski was arrested, and initially seemed
happy to live with her. P.T. said that a few weeks after he
moved in, however, two incidents occurred that caused him to
be hospitalized twice for psychiatric treatment. P.T. said
that E.T. now takes medication for depression and receives
12} Cleveland Police Detective Richard Durst
testified that he investigated the case. He said that he
interviewed E.T., who disclosed sexual abuse by Blachowski.
He said that E.T. seemed "sad" during the
interview, but gave detailed disclosures about what had
happened. Detective Durst testified that he also interviewed
K.T., and then, after consulting with the prosecutor, issued
an arrest warrant for Blachowski.
13} Detective Durst testified that he did not obtain
any physical evidence in the case, but explained that no DNA
evidence was available due to E.T.'s delayed disclosure.
He said that he did not interview E.T.'s sister, so he
was unable to corroborate E.T.'s allegation about her,
but he said that K.T. had confirmed that the family had moved
from a rear apartment to a front apartment, thus
corroborating E.T.'s statement to him that the incidents
had happened in two apartments. On cross-examination,
Detective Durst admitted that he did not look at
Blachowski's telephone, even though it could have
corroborated E.T.'s allegation that Blachowski made him
14} Blachowski testified in his own defense. He
admitted that he cheated on K.T. and was physically abusive
toward her, and that he had been convicted of domestic abuse.
He said that E.T. "got it right" that E.T. slept in
the bed with Blachowski and K.T., that Blachowski beat K.T.,
and that Blachowski whipped E.T. Blachowski denied, however,
that he ever showed pornography to E.T. or did anything of a
sexual nature with him.
15} The state dismissed two counts of rape (Counts 3
and 11), and one count of gross sexual imposition (Count 14).
The jury subsequently found Blachowski guilty of all
remaining counts - four counts of rape, five counts of gross
sexual imposition, and four counts of endangering children.
The court found him guilty of the sexually violent predator
specifications attached to the rape and gross sexual
16} The court sentenced Blachowski to life in prison
without the possibility of parole on the rape counts;
concurrent with five years to life on the gross sexual
imposition counts; eight years on Counts 7 and 15 (felony
endangering children); and six months with credit for time