Court No. CR0201602264
R. Bates, Lucas County Prosecuting Attorney, and Alyssa
Breyman, Assistant Prosecuting Attorney, for appellee.
L. Coble, for appellant.
DECISION AND JUDGMENT
1} Following a jury trial, appellant, Marcus
Crawford, appeals the August 4, 2017 judgment of the Lucas
County Court of Common Pleas sentencing him to a mandatory
prison term of 10 years to life. For the following reasons,
Background and Facts
2} On July 11, 2016, Crawford was indicted on one
count of rape of a person less than 13 years of age in
violation of R.C. 2907.02(A)(1)(b),  a first-degree felony. Beginning on
May 8, 2017, the trial court held a jury trial, at which the
following facts were adduced.
3} On June 10, 2016, S.B., who was 11 years old, and
some of her siblings were visiting their mother's house
in Toledo. Their mother, stepfather, grandmother,
stepgrandfather, a man called "Slurp," and Crawford
were also at the house. S.B. said that she knew Crawford
before June 10 and thought he was "trustworthy" and
"protective of her.
4} Late that morning, S.B. walked to a nearby
library branch by herself so that she could use a computer.
She originally told the police that she walked to the library
with three of her brothers, which she admitted on
cross-examination was a lie that she told so that she would
not get in trouble. She said that she was not allowed to walk
to the library by herself and that her aunt (who was her
legal guardian) would have been upset with her if she had
known. She also admitted that she "always lie[s]"
to avoid getting in trouble.
5} S.B.'s brother, D.M., testified that Crawford
left the house after S.B., claiming that "he was going
to work or something." After leaving the house, Crawford
went to the library.
6} S.B. said that Crawford came to the library while
she was there and sat next to her. She testified that
Crawford "kept following" her around the library.
The state entered into evidence surveillance video from the
library's security system. The video showed Crawford
entering the library, walking past the computer where S.B.
was sitting, and going to another area of the library.
Shortly after, he returned to the main area and sat at a
computer that was not near S.B., but immediately stood up and
moved to the computer next to hers. For approximately 30
minutes, Crawford and S.B. used the adjacent computers, and
the video appears to show them frequently speaking and
looking at each other's screens. When Crawford stood to
leave, S.B. also got up. Although S.B. and Crawford left the
library at the same time, she said that they "went our
7} While S.B. was walking, Crawford came up behind
her, "snatched" and choked her, and took her down
an alley near the library to a garage filled with garbage. In
the garage, Crawford took off his jacket, laid it on the
ground, and told S.B. to lie down. When she refused, she said
that "he holded [sic] my hands, and he just kept
squeezing my neck. And he was like, 'You can die right
now.'" S.B. said that Crawford "tricked"
her by asking her to get something and then pulling down and
removing her pants and underwear. He then "put his
private part in my private part." She clarified that
Crawford stuck his "peanuts" into her vagina and
said that it caused her to bleed and "hurted [sic] real
bad." At some point during the rape, S.B. bit Crawford
on his arm, but Crawford did not stop. When Crawford
finished, he asked S.B. "'How do you feel to be a
woman now?'" He also threatened to kill S.B.'s
family if she told any of them what had happened.
8} Following the rape, S.B. said that Crawford took
her to the store and bought her chips and candy. She then
returned to her mother's house, where she washed the
blood out of her underwear because it was "nasty"
and she did not know what else to do. She also reported the
rape to her mother. She recalls telling her mother to
"shut up because I didn't want Marcus to hear."
D.M. testified that he heard his stepgrandfather yelling at
Crawford who responded by saying "he didn't do that
* * *." S.B.'s mother called her aunt, who took S.B.
to the hospital for a sexual assault examination.
9} At the hospital, S.B. was examined by Amber
Showman, a sexual assault nurse examiner ("SANE").
Showman said that S.B. was laughing and smiling when Showman
introduced herself, but became tearful when describing the
rape. During the exam, S.B. had a "flat affect with an
occasional smile * * *." According to Showman's
notes in S.B.'s medical records, S.B. identified Crawford
as her assailant. S.B. reported that she was leaving the
library when Crawford came up behind her, choked her with his
arm, took her into a garage, and told her to take off her
pants. She refused, so Crawford choked her again. He then
pulled down her pants, laid her down, pulled up her legs, and
"put his privates in" her. Afterward, Crawford told
S.B. not to tell anyone or he would hurt her mom and family.
S.B. said that she ran home and told her mother. Her aunt
came to her mother's house and told S.B. that she was
going to the hospital. S.B. told Showman that she was scared.
10} Showman's physical examination of S.B.
showed that S.B. did not have any marks on her neck, which
Showman said is typical. Although Showman did not see any
visible injuries in S.B.'s vaginal area, S.B. was
extremely tender to touch and was "almost crying in
pain" because she was so sore, which prevented Showman
from doing a thorough examination for injuries. As part of
the exam, Showman took swabs of S.B.'s neck, vaginal
area, and perianal area, and collected S.B.'s clothing,
which she included in the rape kit that was turned over to
11} On July 14, 2016, S.B. was examined by Dr.
Randall Schlievert, who testified as an expert in the
treatment and diagnosis of sexual abuse. The examination
consisted of an interview by a social worker and a physical
examination by Schlievert. The version of events that S.B.
gave during the interview was mostly consistent with the
version that she told the SANE and testified to at trial.
Schlievert testified that he saw a "hymenal
transection" during the physical examination, which he
claimed was only possible if there had been "penetrating
trauma." Based on S.B.'s description of events and
the tear in her hymen, Schlievert concluded that S.B. had
been sexually assaulted.
12} Detective Rebecca Kincaid of the Toledo Police
Department was the detective assigned to investigate this
case. As part of her investigation, Kincaid interviewed S.B.,
obtained the surveillance video from the library, interviewed
Crawford, and collected a DNA sample from Crawford.
13} Kincaid came to the hospital while S.B. was
being treated. When the sexual assault examination was
finished, Kincaid drove S.B. and her aunt to the library to
have S.B. show her the garage where the rape occurred.
Kincaid also interviewed S.B. Based on Kincaid's
testimony, the version of events that S.B. reported to
Kincaid was generally consistent with S.B.'s trial
testimony, although Kincaid admitted on cross that S.B. said
Crawford brought chips and soda back to her mother's
house, not that Crawford took her to the store after the
14} During the interview with Crawford (a portion of
which was played for the jury), Kincaid said that Crawford
initially denied having sex with S.B., but changed his story
after Kincaid collected his DNA. In Crawford's second
version of events, he admitted that he "fucked up,"
but placed the blame for the incident on S.B. Crawford
claimed that S.B. followed him down the alley, "tried to
come on to" him, and he "let her a little
bit." He admitted that his penis had been in S.B.'s
vagina, but said that "I didn't fuck [a] sixth
grader." Instead, he said that S.B. pulled down her
pants and climbed on top of him, and he let her "put it
in and then [he] pulled it out." He claimed, however,
that he did not "put it in her."
15} Kincaid sent Crawford's DNA sample and
S.B.'s rape kit to the Ohio Bureau of Criminal
Investigation ("BCI") for testing. A forensic
scientist with BCI testified that she identified semen on the
vaginal and perianal swabs from S.B.'s rape kit and that
both samples tested presumptively positive for blood. Hallie
Dreyer, a forensic scientist in BCI's DNA unit, analyzed
the sample from the vaginal swab and compared the results to
the DNA sample obtained from Crawford. She found that the
swab contained a mixture of S.B.'s DNA and DNA that was
consistent with Crawford's DNA. Dreyer estimated that the
statistical likelihood of finding the DNA profile that she
identified from the vaginal sample (and that was consistent
with Crawford's DNA) in the general population was one in
1 trillion unrelated individuals (i.e., rarer than the entire
population of the earth).
16} On cross-examination, Dreyer admitted that she
did not test the swab taken from S.B.'s neck. Because it
is not feasible for BCI to test every sample from every case,
Dreyer said, in rape cases, they start by testing samples
that were collected internally or from an
orifice-"especially an internal orifice
collection"-and that had a bodily fluid identified on
them. Because Dreyer found DNA in the vaginal sample, she did
not test the remaining samples in the rape kit.
17} Based on this evidence, the jury found Crawford
18} On August 1, 2017, the trial court sentenced
Crawford to a mandatory prison term of 10 years to life.
19} Crawford now appeals, raising two ...