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. Bressi

Court of Appeals of Ohio, Ninth District, Summit

January 2, 2020

STATE OF OHIO Appellant
v.
JAMES P. BRESSI Appellee

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2013-08-2314

          SHERRI BEVAN WALSH, PROSECUTING ATTORNEY, AND JACQUENETTE S. CORGAN, ASSISTANT PROSECUTING ATTORNEY, FOR APPELLANT.

          MICHAEL T. CALLAHAN, ATTORNEY AT LAW, FOR APPELLEE.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO JUDGE.

         {¶1} Appellant, The State of Ohio, appeals from the judgment of the Summit County Court of Common Pleas, granting Appellee, James P. Bressi, a new trial. This Court affirms.

         I.

         {¶2} This Court previously set forth the underlying facts and procedural posture of this case as follows:

Summit Pain Specialists is a medical organization that specializes in the treatment of individuals suffering from chronic pain. Before the events giving rise to this appeal, Bressi owned Summit Pain Specialists and operated it alongside his business partner, Dr. Robert Geiger. Bressi received his training in osteopathic medicine and frequently treated his patients using osteopathic manipulative treatment ("OMT"), a technique wherein an individual uses his hands to stretch and exert pressure on various muscles and joints to achieve optimal alignment and relieve pain. Starting in 2012, individuals began contacting the Stow Police Department to report that Bressi had engaged in inappropriate sexual contact with them when they came to him for treatment. The reports launched an intensive investigation led by Detective Jeff Swanson, who interviewed numerous patients and other individuals who had contact with Bressi. In March 2013, amidst accusations of inappropriate conduct and his breach of an office policy requiring the presence of chaperones during OMTs, Bressi was terminated from Summit Pain Specialists. Sixth months later, the Stow Police Department's investigation culminated in his arrest.
A grand jury indicted Bressi on two counts of rape, thirteen counts of gross sexual imposition, and twelve counts of sexual imposition. The twenty-seven counts pertained to eleven different victims, ten of whom were Bressi's patients and one of whom, C.H., was a nurse on his staff. The incidents underlying the twenty-seven counts were alleged to have occurred at different times between May 2011 and March 2013.
The jury found Bressi guilty of a single count of sexual imposition and not guilty of the remaining twenty-six counts against him. The court sentenced Bressi to fifty-nine days in jail, five years of probation, and a fine. Additionally, the court classified him as a tier one sexual offender.

State v. Bressi, 9th Dist. Summit No. 27575, 2016-Ohio-5211, ¶ 2-6.

         {¶3} Bressi's conviction for sexual imposition was affirmed on appeal. Id. at ¶ 43. He appealed this Court's decision to the Supreme Court of Ohio, but the high court declined to accept jurisdiction. See State v. Bressi, 148 Ohio St.3d 1426, 2017-Ohio-905. He later moved the trial court for leave to file a motion for a new trial on account of newly discovered evidence. After a hearing on the matter, the trial court found that Bressi had demonstrated by clear and convincing proof he was unavoidably prevented from discovery of the new evidence, and thus granted his motion for leave to file a motion for a new trial. See Crim.R. 33(B). Bressi then filed his motion for a new trial based upon newly discovered evidence, which the court subsequently granted despite opposition from the State.

         {¶4} This Court granted the State of Ohio leave to appeal from the trial court's judgment granting Bressi a new trial, pursuant to R.C. 2945.67(A) and App.R. 5(C). See State v. Matthews, 81 Ohio St.3d 375, 379 (1998) ("[A] trial court's order granting the defendant a new trial in a criminal case is a final appealable order which the state may appeal by leave of court."). The State raises one assignment of error for this Court's review.

         II.

ASSIGNMENT OF ERROR
THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT GRANTED BRESSI'S MOTION FOR A NEW TRIAL, MERITING REVERSAL AND VACATION OF THE TRIAL COURT'S ORDER.

         {¶5} In its sole assignment of error, the State of Ohio argues that the trial court abused its discretion in granting Bressi's motion for a new trial. We disagree.

         {¶6} Crim.R. 33(A) allows a defendant to move for a new trial when his substantial rights have been materially affected. Pursuant to Crim.R. 33(A)(6), a new trial may be ordered "[w]hen new evidence material to the defense is discovered which the defendant could not with reasonable diligence have discovered and produced at the trial." To warrant the granting of a motion for a new trial based upon newly discovered evidence, the defendant must show that the evidence:

"(1) discloses a strong probability that it will change the result if a new trial is granted, (2) has been discovered since the trial, (3) is such as could not in the exercise of due diligence have been discovered before the trial, (4) is material to the issues, (5) is not merely cumulative to former evidence, and (6) does not merely impeach or contradict the former evidence."

State v. Tolliver, 9th Dist. Lorain No. 16CA010986, 2017-Ohio-4214, ¶ 18, quoting State v.

         Petro,148 Ohio St. 505 (1947), ...


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.