State v. Groves
| Citation | 2022 Ohio 443 |
| Decision Date | 08 February 2022 |
| Docket Number | 20CA3904 |
| Court | Ohio Court of Appeals |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. JESSICA GROVES, Defendant-Appellant. |
2022-Ohio-443
STATE OF OHIO, Plaintiff-Appellee,
v.
JESSICA GROVES, Defendant-Appellant.
No. 20CA3904
Court of Appeals of Ohio, Fourth District, Scioto
February 8, 2022
CRIMINAL APPEAL FROM COMMON PLEAS COURT
Valerie Webb, Portsmouth, Ohio for appellant. [1]
Shane A. Tieman, Scioto County Prosecuting Attorney, and Jay S. Willis, Assistant Scioto County Prosecuting Attorney, Portsmouth, Ohio, for appellee.
DECISION AND JUDGMENT ENTRY
Peter B. Abele, Judge
{¶1} This is an appeal from a Scioto County Common Pleas Court judgment of conviction and sentence. A jury found Jessica Groves, defendant below and appellant herein, guilty of (1) aggravated murder, (2) murder, (3) kidnapping, (4) child endangerment, (5) tampering with evidence, (6) interference with custody, (7) gross abuse of a corpse, and (8) four counts of felonious assault.
{¶2} Appellant raises the following assignment of error for review:
"APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL DUE TO HER TRIAL COUNSEL ABDICATING HIS ROLE AS HER ADVOCATE AS WELL AS COMMITTING A SERIES OF BAFFLING ACTS AND/OR OMISSIONS DURING THE LITIGATION AND TRIAL OF APPELLANT'S CASE."
{¶3} On June 14, 2019, a Scioto County Grand Jury returned an indictment that charged appellant with multiple, serious felony offenses.[2] Daniel Groves, appellant's spouse and co-defendant, pleaded not guilty to a similar list of charges on June 17, 2019. Appellant initially pleaded not guilty by reason of insanity, but after the trial court found appellant competent to stand trial, on September 24, 2019 appellant entered not guilty pleas.
{¶4} On January 6, 2020, a five-day joint jury trial began with both co-defendants present. Registered Nurse Darienne Liles worked at Southern Ohio Medical Center (SOMC) on January 10, 2019 when appellant and Daniel Groves (hereinafter Groves) arrived at the hospital at 5:25 a.m. Liles testified that appellant appeared to be "flat, disconnected and uncooperative," refused to provide a urine sample, and refused to answer questions about prenatal care. Appellant was completely dilated, but "not in pain, * * * very unusual for somebody who we've not administered pain medicine to." Moments before the baby's birth, Groves stated that appellant "had used heroin two days ago."
{¶5} SOMC staff eventually obtained appellant's urine sample that tested positive for amphetamines. Approximately 30 minutes after appellant entered the hospital, she delivered Baby Dylan (Dylan). Nurse Liles testified that Groves "seemed worried and almost afraid." "Whenever we were questioning her they were both just making * * * eye contact with each other, not acting like they were paying much attention to us." "The only thing [Groves] said was that she [appellant] had used heroin that she was always too high to go to her prenatal care visits." * * * "[W]e thought he was almost looking to [appellant] for permission to answer our questions. I could feel a couple of times he wanted to say things or answer and he did not." Liles testified that neither appellant
nor Groves requested to see Dylan after his birth.
{¶6} Registered Nurse Tori Howell cares for newborns in the SOMC nursery. Howell testified that because Dylan, born approximately one month early, had difficulty breathing, they removed him to the nursery. Howell also testified that (1) Dylan's preliminary screen showed "unconfirmed positive" for amphetamines, and (2) the umbilical cord tested positive for amphetamines, methamphetamines, fentanyl, opiates, and morphine. Howell further testified that, while Dylan was in the nursery for several days, Groves visited once and neither parent asked about Dylan's condition.
{¶7} SOMC Obstetrician-Gynecologist Dr. Darren Adams was on call when appellant and Groves arrived at the hospital. The hospital called Dr. Adams because appellant had no prenatal care and was ready to deliver. When Dr. Adams arrived, appellant, dilated at nine and one-half centimeters, appeared distant and did not answer questions. Dr. Adams believed appellant might have been impaired because, typically, a mother that far dilated with no pain medication would be in extreme pain. Appellant, however, "was just distant, an - - an odd reaction." Dr. Adams delivered Dylan within minutes and he weighed 5 pounds, 10 ounces, and was 19 inches long. Later that day, Dr. Adams returned to care for appellant's postpartum hemorrhage.
{¶8} Assistant Nurse Manager Stacey Riffitt testified appellant kept Dylan for 15 minutes after his birth, but "didn't hold him. She didn't ask how his condition was. She just said, 'Put him there on the wall.'" Also, Dylan was diagnosed with neonatal abstinence syndrome, meaning that he had been exposed to drugs in utero and was in withdrawal. Dylan had tremors, could not quiet himself, and needed to be comforted. Riffitt explained that the umbilical cord test shows "every substance the mother used from 20 weeks gestation on." Riffitt also testified that Dylan required an oxygen treatment immediately after birth, but they weaned him from the oxygen treatment within 90 minutes and he was otherwise "very healthy" with no injuries.
{¶9} When Nurse Riffitt spoke with Groves in appellant's hospital room, Daniel Groves told Riffitt he had "just talked with the physician and asked if meth could be found in heroin." Groves also told Riffitt that appellant is a nurse who used heroin and, after she learned of her pregnancy, she continued to use heroin, "enough to keep the withdrawal symptoms from happening to her." Riffitt returned to the room and Groves' eyes "looked a little more glassy. He would not make eye contact with me. His speech was slow." Riffitt believed Groves was under the influence of something. Riffitt further testified that, after Dylan stayed at the hospital for five days to monitor drug withdrawal symptoms, the
hospital discharged Dylan to Scioto County Children's Services (SCCS).
{¶10} SOMC Social Worker Christine Procter Frantz testified that Dylan's initial discharge plan permitted him to go home with Daniel Groves due to Groves' negative drug screen, and because he told SCCS that he did not know about appellant's drug use during pregnancy. Frantz also stated that, although SCCS considered the unconfirmed positive drug screen not to be a true positive, the hospital disagreed and sought to keep Dylan until they received the umbilical cord test results "because with mom and baby both being positive it should be an automatic removal."
{¶11} SOMC Social Work Services Manager Mandy Burchett testified that, after the hospital received the cord toxicology results on January 15, 2019, Dylan would be discharged to foster care.
{¶12} On January 16, 2019, SCCS filed a complaint in the juvenile court and alleged Dylan (age six days), and appellant's other child, Daniel, Jr., (age 14), to be abused, neglected and dependent. SCCS also sought an ex parte order to place Dylan in SCCS custody and Daniel Jr. under an order of protective supervision.
{¶13} On January 16, 2019, the juvenile court awarded Dylan's custody to SCCS and, on January 28, 2019, the court further
ordered: (1) the children remain in SCCS custody, (2) appellant complete a drug abuse evaluation and follow all recommendations, and (3) appellant report to juvenile court and complete an assessment to participate in the Family Reunification Court.
{¶14} After foster parent and elementary school teacher Andrea Bowling received a call to ask her to foster parent a drug-dependent infant, she took physical custody of Dylan. Bowling observed Dylan's tremors, sweats and his desire to be held at all times. Also, during visitation with Dylan's parents at SCCS, Bowling believed a "possibility that [appellant] was under the influence of something." When Dylan reunited with his parents on January 28, 2019, Bowling gave the parents diapers, supplies and a letter with Bowling's contact information and statement that she would be available if the parents needed anything. After the family visitation, Bowling also called SCCS about her concerns with appellant's demeanor.
{¶15} Scioto County Help Me Grow Service Coordinator Stephanie Jenkins administers an Early Intervention Program. In this program, staff will (1) conduct home visits to screen and monitor a child's progress, (2) assist parents to understand developmental milestones, (3) work directly with children, and (4) refer a family to other programs including WIC, Head Start, medical cards, food stamps, therapies, and transportation. After Jenkins received a
January 25, 2019 referral, she made multiple attempts, from January to March, to contact Dylan's parents. However, on March 11, 2019 Help Me Grow terminated appellant and Groves from the program because of their lack of a response.
{¶16} SCCS Caseworker Patricia Craft, who served as Dylan's caseworker, testified that, after Dylan's removal from Groves' custody and the juvenile court's emergency order that awarded custody to SCCS, foster parent Andrea Bowling took physical custody of Dylan. A safety plan identified appellant's substance abuse as a threat, and required appellant to (1) sign a release form, (2) obtain a drug and alcohol assessment, (3) submit to weekly contact and drug treatment, (4) remain outside the home unless supervised, and (5) submit to supervised visits.
{¶17} Caseworker Craft testified that she first met Dylan's parents on January 25, 2019 at a family team meeting. Participants at the meeting included Caseworker Johnson, Andrea Bowling, Craft, appellant and Daniel Groves. SCCS informed both parents that they should complete drug and alcohol assessments, participate in individual counseling, and comply with court orders. Groves also told Craft that he had a six-month leave from his employment at Rural King. Immediately after the team meeting, the parents had a one-hour visit with Dylan. Afterward, Bowling told Craft...
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