State v. Gregory Lott
| Decision Date | 16 March 1989 |
| Docket Number | 54537,89-LW-4381 |
| Parties | STATE of Ohio, Plaintiff-Appellee, v. Gregory LOTT, Defendant-Appellant |
| Court | Ohio Court of Appeals |
Criminal appeal from Common Pleas Court, Nos. CR-211002, 211261, and CR-212720.
John T Corrigan, Cuyahoga County Prosecutor, Carmen M. Marino, David J. Briggs, Assistant Prosecuting Attorneys, Cleveland, for plaintiff-appellee.
Patricia M. Walsh, David L. Doughten, Walsh & Doughten, Inc., L.P.A Cleveland, for defendant-appellant.
The defendant-appellant, Gregory Lott, appeals his conviction for the aggravated murder and other crimes perpetrated against John McGrath.
On August 6, August 23, and August 24, 1983, the home of John McGrath, which was located at 14809 Ardenall, East Cleveland Ohio, was burglarized. Upon responding to the reports of these burglaries, the two investigators of the East Cleveland police department devised a plan in an attempt to obtain the fingerprints of the burglar who had broken into John McGrath's home. This plan involved the placement of a quarter under a clean drinking glass, which was devoid of any fingerprints, on the dining room table located in John McGrath's home.
Approximately eight days later, on September 7, 1983, the home of John McGrath was once again burglarized for a fourth time. The burglar lifted the glass covering the quarter off of the dining room table and left his fingerprints upon the drinking glass. Several latent fingerprints were recovered from the drinking glass. However, the fingerprints did not match any existing fingerprints on file of criminals or suspects known by the police at that time. B.CIRCA 1986
On Saturday, July 12, 1986, John McGrath visited the Severance branch of Horizon Savings and Loan wherein he negotiated a check in the amount of $21.00. Patricia Hill, the head teller of the Severance branch of Horizon Savings and Loan, testified that John McGrath appeared to be in good health and spirits on that date.
On Monday, July 14, 1986, at approximately 9:00 A.M., Diedra Coleman, who resided at 1700 Hillview Road, Cleveland, Ohio, observed the appellant operating a black two-door Ford Escort near her home. Diedra Coleman continued to observe the appellant sitting in the black automobile and then exited her home in an attempt to gain a better view of the appellant's face. Upon taking a walk with her five-year-old son and dog, Diedra Coleman managed to directly view the appellant's face as he was seated in the black automobile. Thereafter, Diedra Coleman contacted the Cleveland police and provided a description of the automobile which the appellant was driving and its license plate, Ohio license plate 928-GUP. The car was subsequently discovered to belong to John McGrath.
Later on that Monday, July 14, 1986, the appellant left Diedra Coleman's neighborhood at approximately 11:20 a.m. but returned at 11:50 a.m. Diedra Coleman then observed the appellant exit the black automobile and enter the yard of a neighbor, Esther Turk. Upon seeing appellant enter Turk's yard, Diedra Coleman immediately telephoned the police. She then observed the appellant running from Turk's backyard. Subsequently, Diedra Coleman, a retired artist, provided a drawing or sketch of the appellant to the police and subsequently was able to positively identify the appellant through a photograph identification process.
At approximately 2:10 p.m. on the afternoon of that same day, Monday, July 14, 1986, Diedra Coleman again provided the license plate number of the black Ford Escort to the Cleveland police who in turn determined that the license plate number of Ohio 928-GUP was registered to John McGrath. That afternoon, the Cleveland police attempted to contact John McGrath concerning his automobile by visiting the McGrath home. However, on that afternoon, Monday, July 14, 1986, no one at the McGrath home answered the Cleveland Police officers' efforts to gain entrance to the McGrath home.
On the next day, Tuesday, July 15, 1986, the Cleveland police contacted the East Cleveland police department with information concerning the operation of John McGrath's motor vehicle by the appellant and the failure of John McGrath to answer his door on the previous day.
On the next day, Tuesday, July 15, 1986, two police officers of the East Cleveland police department received a radio communication from the East Cleveland police department to check the McGrath home and determine whether John McGrath was at home and his condition. Again the police officers failed to obtain a response at the front door. The police officers discovered that the rear door to the McGrath home was open. Upon entering the home through the rear door, the police officers discovered that the kitchen and adjoining rooms had been ransacked. Further exploration of the home by the police officers at that time resulted in the discovery of John McGrath lying face down, bloody, but alive, conscious and burned extensively about the body on the floor of the front bedroom. Additionally, the police officers discovered an uncapped bottle of lamp oil laying on the bed, a piece of blue telephone cord lying near John McGrath, a broken basement window, and a heavily damaged kitchen-basement door inside the kitchen.
Upon conducting an investigation for fingerprints and/or other evidence, it was discovered that the appellant's fingerprints were imprinted on the dresser located in the bedroom where John McGrath was found. The appellant's fingerprints were also discovered upon a church envelope which was found on the kitchen table. Latent shoeprints found in the bedroom where John McGrath was discovered, were determined to match the soles of tennis shoes confiscated from the appellant upon his arrest on July 30, 1986. Comparison of the fingerprints found on the bedroom dresser and the church envelope found on the kitchen table also coincided with the latent fingerprints recovered from the drinking glass as found in the home of John McGrath three years earlier in 1983.
Thereafter on that same day, Tuesday, July 15, 1986, upon discovery of his serious condition and burns, John McGrath was transported by ambulance to Huron Road Hospital. After initial treatment at Huron Road Hospital, John McGrath was transferred to the burn unit of Cleveland Metropolitan Hospital on the same day Tuesday, July 15, 1986, where eight days later on Wednesday, July 23, 1986, he expired as a result of bronchopneumonia.
The Cuyahoga County Coroner ruled that the death of John McGrath was caused by bronchopneumonia which was precipitated by first, second, and third degree burns. In addition, the Cuyahoga County Coroner ruled that John McGrath's death was a homicide.
On July 30, 1986, the appellant was arrested by the Cleveland police while operating his own automobile in the city of Cleveland. A routine inventory search of the appellant's motor vehicle resulted in the seizure of one pair of red and black jogging pants and one pair of red and black tennis shoes.
III.THE INDICTMENTS
The appellant was thrice indicted. A.THE FIRST INDICTMENT^CR-211002
On August 8, 1986, the appellant was first indicted by the grand jury of Cuyahoga County in CR-211002 for the offenses of:
1) Count Oneaggravated burglary of Rosa Augustine's occupied structure in violation of R.C. 2911.11 with an aggravated felony specification and a violence specification;
2) Count Two aggravated robbery of Rosa Augustine in violation of R.C. 2911.01 with an aggravated felony specification and a violence specification;
3) Count Three felonious assault of Rosa Augustine in violation of R.C. 2903.11 with an aggravated felony specification and a violence specification;
4) Count Four kidnapping of Rosa Augustine in violation of R.C. 2905.01 with a felony specification and a violence specification;
5) Count Five aggravated murder of John McGrath in violation of R.C. 2903.01 with a felony murder specification which enumerated the felonies of kidnapping, aggravated robbery, and aggravated burglary, and an aggravated felony specification;
6) Count Six aggravated burglary of John McGrath's occupied structure in violation of R.C. 2911.11 with an agravated felony specification and a violence specification;
7) Count Seven aggravated robbery of John McGrath in violation of R.C. 2911.01 with an aggravated felony specification and a violence specification;
8) Count Eight kidnapping of John McGrath in violation of R.C. 2905.01 with an aggravated felony specification and a violence specification; and
9) Count Nine aggravated arson by creating a substantial risk of serious physical harm to John McGrath in violation of R.C. 2909.02 with an aggravated felony specification and a violence specification.
On August 12, 1986, the appellant was arraigned in CR-211002 wherein a plea of not guilty was entered to the indictment. In addition, the appellant was found to be indigent and counsel was immediately appointed to represent him. B.THE SECOND INDICTMENT^CR-211261
On September 5, 1986, the appellant was indicted by the grand jury of Cuyahoga County for a second time in CR-211261 for the offense of:
1) Count One aggravated burglary of John McGrath's occupied structure in violation of R.C. 2911.11;
2) Count Two petty theft of property from John McGrath in violation of R.C. 2913.02;
3) Count Three aggravated burglary of Roy Pool's occupied structure in violation of R.C. 2911.11 with an aggravated felony specification;
4) Count Four felonious assault of Roy Pool in violation of R.C 2903.11 with an aggravated...
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