State v. Charles Hughes
| Decision Date | 04 November 1993 |
| Docket Number | 93-LW-5124,62884 |
| Parties | STATE OF OHIO, Plaintiff-Appellant v. CHARLES HUGHES, Defendant-appellee |
| Court | Ohio Court of Appeals |
Criminal appeal from Court of Common Pleas, Case No. CR-218,572
For plaintiff-appellant: STEPHANIE TUBBS JONES, Cuyahoga County Prosecutor, KAREN L. JOHNSON, Assistant, Justice Center Courts Tower, 1200 Ontario Street, Cleveland, Ohio 44113.
For defendant-appellee: MICHAEL TROY WATSON, Attorney at Law 1367 East 6th Street, #400 Cleveland, Ohio 44114.
The State of Ohio timely appeals from the decision of the Cuyahoga County Court of Common Pleas which granted the petition for post-conviction relief of the defendant-appellee, Charles Hughes.
On August 25, 1987, appellee, along with Theodore W. Woods and Brian R. Wade, was charged in a ten-count indictment with the kidnapping (count one), rape (counts two through nine) and felonious assault (count ten) of Leslie Michaels. On September 18, 1987, a capias for the arrest of appellee was issued. Appellee was eventually arraigned on October 18, 1988 and entered a plea of not guilty. At appellee's arraignment, appellee was declared indigent, and Attorney Ron Suster was appointed for appellee's defense. The record fully reveals that the State of Ohio timely responded to appellee's motion for a bill of particulars and for discovery. Although the record does not contain a notice of substitution of counsel, Attorney Thomas Frye represented appellee at his trial.[1]
On January 3, 1989, appellee's jury trial commenced. The victim, Leslie Michaels, testified on behalf of the' state. Ms. Michaels testified that on a Sunday evening, April 19, 1987, she planned on meeting, after class, various members of her Alcoholics Anonymous class at a Denny's Restaurant in North Randall, Ohio. Ms. Michaels first stopped at Loretta Bourn's apartment in Warrensville Heights at approximately 11:00 p.m. Ms. Michaels and Ms. Bourn met while serving time in county jail and maintained their friendship once released. Theodore Woods, Charles Hughes and appellee were inside Ms. Bourn's apartment, free-basing cocaine. Ms. Michaels left immediately for Denny's as she was recovering from drug abuse and did not want to be tempted by the drug use going on in Ms. Bourn's apartment.
At Denny's, Ms. Michaels had a cup of coffee and waited approximately one hour for her friends from the AA class. After no one else showed up, Ms. Michaels decided to leave. She exited Denny's and was proceeding to her car when she heard someone call her name. She testified that Woods, Wade and appellee were in a car when appellee jumped out and forced her into the car at gun-point. Appellee threatened to kill her if she screamed. Once appellee forced her inside the car, the three men drove off.
Ms Michaels testified that appellee held a gun to her head and forced her to perform oral sex on himself, Woods and Wade while they drove around. Eventually, they reached an apartment complex where appellee forced Ms. Michaels out of the car and beat and kicked her while attempting to obtain access to one of the apartments. After no one answered appellee forced Ms. Michaels back into the car. Appellee then forced Ms. Michaels to perform oral sex on each man again as they drove back to Ms. Bourn's apartment.
Ms. Michaels testified that they arrived at Ms. Bourn's apartment at approximately 3:00 a.m. Once inside, Ms. Michaels went inside the bathroom, but was followed by appellee. Appellee told Ms. Michaels to undress or he would kill her. She complied, and appellee raped her while Woods, Wade and Ms. Bourn remained in the living room.
Ms. Michaels stated that when she arrived at Ms. Bourn's apartment, she was crying. Ms. Bourn asked her what was wrong, but Ms. Michaels was unable to respond. Ms. Michaels further testified that at one point, Wade came into the bathroom. Appellee continued to rape her as Wade watched. She also stated Wade raped her as appellee watched. At some point, appellee called Woods into the bathroom, but Woods refused to participate. Ms. Michaels also stated that during the rape, appellee beat her on her chest, stole two hundred ten dollars and jewelry from her, and forced her to parade around the apartment naked.
The next morning, at approximately 10:30 a.m., after the appellee, Wade and Woods had gone, Ms. Michaels called the police. She was taken to St. Luke's Hospital for treatment. ' Her medical records, along with photographs depicting bruises to her chest, left arm and torso, were admitted into evidence.
On cross-examination, Ms. Michaels stated that at one point during her rape, Ms. Bourn actually came into the bathroom while the three men were in with her. Ms. Bourn asked if everything was okay, but Ms. Michaels was unable to respond. Ms. Michaels further testified that Ms. Bourn tried to talk to her as appellee forced her to walk naked through the apartment but, again, she was unable to respond.
After the state rested, appellee moved for an acquittal pursuant to Crim. R. 29. Appellee's counsel then announced his intention to call Loretta Bourn as a witness. The following exchange took place:
Appeliee was then called to the stand to testify on his own behalf. Appellee stated that he, Woods and Wade were at Ms. Bourn's apartment free-basing cocaine when Ms. Michaels arrived. Appellee stated that Ms. Michaels got high with them.
Eventually, appellee decided that he wanted to sell some of the cocaine. Ms. Michaels suggested a buyer and made a phone call to arrange a sale. Appellee, Wade, Woods and Ms. Michaels went to a nearby Dairy Mart to make the sale, but the buyer did not arrive. Ms. Michaels made another phone call and arranged a meeting at Denny's Restaurant in North Randall. The group proceeded to Denny's, where Ms. Michaels took the cocaine and went inside while appellee, Wade and Woods waited outside. After waiting some time for Ms. Michaels, appellee went inside Denny's and found Ms. Michaels inside a stall in the ladies' bathroom. Appellee discovered that Ms. Michaels had consumed the remaining cocaine. He went back outside, took Ms. Michaels' keys out of the ignition of her car, and proceeded back to Ms. Bourn's. After approximately half an hour, Ms. Michaels called and asked that they return her keys. Appellee, Wade and Woods went back to Denny's and picked Ms. Michaels up. Appellee stated he was upset that Ms. Michaels had consumed what remained of his cocaine and testified that in order to compensate him for consuming his cocaine, Ms. Michaels voluntarily performed oral sex on him, Woods and Wade. The group returned to Ms. Bourn's apartment, where appellee and Ms. Michaels had sexual intercourse in the bathroom.
Ms. Bourn allowed appellee and Wade to sleep over in her apartment and fed them the next morning. However, at approximately 10:30 a.m., appellee heard Ms. Michaels on the phone and what sounded like a dispatcher on the other line. Ms. Bourn told appellee he "better get the hell out of here." Appellee gave Ms. Michaels' car keys to Ms. Bourn and left. Later that day, appellee spoke with Wade, who told him that the police took a statement from him.
After appellee testified, Mr. Frye informed the court of the state of appellee's case. The record reflects:
Thereafter, appellee called Theodore Woods to the stand to testify on his own behalf. Mr. Woods substantially corroborated appellee's testimony, essentially testifying that Ms. Michaels consented to sexual contact with appellee, himself and Wade as compensation for the cocaine which she consumed. Mr. Woods confirmed that he pled guilty to sexual assault for his part in the incident in question and was serving a probationary sentence. After Mr. Woods testified, appellee's counsel requested a continuance in order to obtain Ms. Bourn as a witness. The record reflects:
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