State v. Steven T. Smith

• Decision Date: 20 July 2001
• Docket Number: 01-LW-3075,00-CA100
• Parties: STATE OF OHIO, Plaintiff-Appellee v. STEVEN T. SMITH, Defendant-Appellant Case
• Court: Ohio Court of Appeals

STATE OF OHIO, Plaintiff-Appellee v. STEVEN T. SMITH, Defendant-Appellant

No. 00-CA100

01-LW-3075 (5th)

Court of Appeals of Ohio, Fifth District Richland

July 20, 2001

Criminal Appeal from Richland County Court of Common Pleas Case 98-CR-601-D

Hon Julie Edwards, P.J. Hon. W. Scott Gwin, J. Hon. John Boggins J.

For Plaintiff-Appellee: JAMES J. MAYER, JR. County Prosecuting Attorney

JOHN RANDOLPH SPON, JR. Asst. Prosecuting Attorney Richland County Prosecutor's Office 38 South Park Street Mansfield, OH 44902

For Defendant-Appellant: DAVID BODIKER OHIO PUBLIC DEFENDER

RUTH L TKACZ SUSAN M. ROCHE Assistant Public Defenders Ohio Public Defender 8 E. Long Street, 11th Floor Columbus, OH 43215

OPINION

Edwards P.J.

Appellant Steven T. Smith appeals the November 16, 2000, Judgment Entry of the Richland County Court of Common Pleas which dismissed his petition for postconviction relief.

STATEMENT OF THE FACTS AND CASE

The following facts give rise to this appeal: Kesha Frye was the mother of Autumn Carter. Autumn was nearly six months old at the time of her death. Kesha, Autumn, and another daughter Ashly Carter, shared an apartment with defendant-appellant Steven Smith [hereinafter appellant]. Appellant is an alcoholic. On the evening of September 28, 1998, appellant put Autumn to bed at 10:15 P.M. Subsequently, Kesha looked in on Autumn and noted that Autumn was wearing pink pajamas. Kesha then put Ashly to bed at 10:30 P. M. A short time thereafter, Kesha and appellant had sexual relations in their upstairs bedroom. Afterwards, appellant, who had been drinking earlier, went downstairs to watch TV and continued drinking. Appellant was wearing cut off jean shorts. At 11:00 P.M. Kesha checked on her daughters, noted that both were still wearing their pajamas and went to bed. At approximately 3:22 A.M. on September 29, 1998, Kesha was awakened when appellant placed Autumn in bed with her. Autumn was naked and so was appellant. Kesha immediately noticed that there was something wrong with Autumn. Kesha put her hand on the child's stomach and found she was not breathing. Kesha told appellant that he had killed her baby. Kesha picked Autumn up, wrapped her in a blanket, got Ashly and ran to a neighbor's apartment. Police and a rescue squad were summoned. Paramedics arrived and attempted to revive Autumn. However, Autumn was later declared dead at MedCentral Hospital. When police arrived at Kesha's apartment, they noticed that the television was very loud. The officers had to turn the television down because it was so loud. They also noticed that there was material from a baby's diaper on a table, the floor and other places scattered around the room and that it looked like a baby diaper had been shredded. Jean shorts were found under the baby swing and pink pajamas were found nearby on the floor. The coroner, Marvin S. Platt, M.D., testified that the causes of death were compression asphyxia, "which means that the child could not breathe because there was compression applied to her body", and a blunt injury to the head. TR 1472. Dr. Platt testified that the injuries were consistent with and indicated that the child had been lying on her abdomen on a cloth-like surface, which resulted in abrasions or the rubbing of the surface of the skin. It was his opinion that the child was resisting while lying on the front of her body so that the face became abraded and bruised. There were indications that during the process, the child was attempting to turn her head. The child was shaken with such force that she suffered a brain hemorrhage. Further, Autumn's blood was found on two of the cushions of the couch. Patches of hair torn from Autumn's head were found strewn around the room. Evidence showed that while lying on top of Autumn, holding her face into the couch seat cushions, appellant forcefully penetrated her or attempted to penetrate her both anally and vaginally. TR 1482, 1485-1486, 1512, 1662. Autumn suffered circumferential bruising around her anus. Her vaginal opening was determined to be abraded and more than ten times larger than expected for her age. The force used to push Autumn's face into the couch caused the texture of the couch fabric to be imprinted upon her face. Before the police could arrive at the scene, appellant was seen placing a trash bag into a dumpster. It was later discovered that the trash bag contained a torn baby diaper, beer cans and a red shirt. A test of appellant's blood, drawn at approximately 11:00 A.M. on September 29, 1998, showed that appellant's blood alcohol content was .123%. Further, in a recorded statement to police, appellant denied any recollection of events from around 11:15 P.M. on September 28th through 3:25 A.M. on September 29th. Appellant was indicted on November 5, 1998, on one count of aggravated murder, the victim being under the age of 13, in violation of R. C. 2903.01(C), (Count I), and one count of aggravated murder while committing or attempting to commit rape, in violation of R.C. 2903.01(B), (Count II). Both counts included the following specifications: the offense was committed while committing or attempting to commit, or fleeing immediately after committing or attempting to commit rape and appellant was the principal offender; the victim was under the age of 13 at the time of the offense and appellant was the principal offender; the offense was committed with a sexual motivation; the offender is a sexually violent predator. An arraignment was held on November 18, 1998. The matter proceeded to a jury trial, conducted March 8, 1999. On March 17, 1999, the jury returned a verdict finding appellant guilty of the charge of aggravated murder of a person under the age of 13. Further, the jury found appellant guilty of aggravated murder of a person committed while committing or attempting to commit rape. The jury also found each of the following specifications: the aggravated murder was committed while appellant was committing or attempting to commit rape and that appellant was the principal offender; the aggravated murder was of a person under 13 years of age at the time of the crime and that appellant was the principal offender; the aggravated murder was committed with a sexual motivation. On March 22, 1999, after the conduct of the mitigation phase of the trial, the jury returned a verdict finding that the prosecutor had proved that the aggravating circumstances outweighed all the mitigating factors beyond a reasonable doubt and recommended the imposition of a death sentence. On March 25, 1999, the trial court filed a sentencing opinion. The trial court found that it was persuaded, after an independent review of the evidence, that the jurors did correctly discharge their duty and that they did return the verdict required by law and the evidence. The court consequently found it must sentence appellant to death. On March 25, 1999, appellant appeared in the trial court, and was sentenced to death for the aggravated murder of Autumn Carter. On May 13, 1999, appellant filed a Notice of Appeal with the Ohio Supreme Court. On December 22, 1999, the Ohio Supreme Court remanded the matter to the trial court for an election of which aggravated murder count the appellant was sentenced on and to correct the record accordingly. Thereafter, on January 11, 2000, the trial court sentenced appellant "under Count II, Felony Murder Only" [R.C. 2903.01(B)]. Judgment Entry, January 11, 2000. On August 18, 2000, appellant filed a postconviction petition in the trial court. Subsequently, on August 24, appellant filed a Motion for Discovery and a Motion for a Court Order to Allow Medical Procedures and to Amend the Postconviction Petition. On September 1, 2000, appellant filed a First Amendment to the Petition to Vacate or Set Aside Judgment and/or Sentence. On November 16, 2000, the trial court overruled appellant's Motion for Discovery. The trial court further overruled appellant's Motion to Allow Medical Procedures and denied appellant's Motion for Leave to Amend the Postconviction Petition. The trial court went on to overrule appellant's August 18, 2000, Postconviction Relief Petition together with the September 1, 2000, First Amendment. It is from the November 16, 2000, Judgment Entry that appellant presents this appeal, raising the following assignments of error:

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY DISMISSING APPELLANT'S POSTCONVICTION PETITION, WHERE HE PRESENTED SUFFICIENT OPERATIVE FACTS AND SUPPORTING EXHIBITS TO MERIT AN EVIDENTIARY HEARING AND DISCOVERY.

ASSIGNMENT OF ERROR II

OHIO'S POSTCONVICTION PROCEDURES NEITHER AFFORD AN ADEQUATE CORRECTIVE PROCESS NOR COMPLY WITH DUE PROCESS AND EQUAL PROTECTION UNDER THE FOURTEENTH AMENDMENT.

ASSIGNMENT OF ERROR III

CONSIDERED TOGETHER, THE CUMULATIVE ERRORS SET FORTH IN APPELLANT'S SUBSTANTIVE GROUNDS FOR RELIEF MERIT REVERSAL OR REMAND FOR A PROPER POSTCONVICTION PROCESS.

In the first assignment of error, appellant claims that the trial court erred when it overruled appellant's postconviction petition since the petition presented sufficient operative facts and supporting exhibits to merit an evidentiary hearing and discovery. Revised Code 2953.21 governs petitions for postconviction relief and states in relevant part as follows (A)(1) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief. The...