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Court of Appeals No. S Trial Court No. Whitcomb, III, for appellant.


Court sxe Appeals No. S Trial Court No. Whitcomb, III, for appellant. Mulligan and Rachel J. Dewey, Assistant Prosecuting Attorneys, for appellee. In his written report, Detective Arp summarized A. Once inside the clubhouse [A. At that point chxt. She advised [appellant] told her its fine and that he would be khio. At this time [A. Appellant was in the driveway. The detective turned on his audio recording device, exited his patrol car, and introduced himself to appellant.

Detective Arp informed appellant that he had taken a complaint from A. He asked appellant if he knew what the complaint was about. Appellant indicated in the affirmative. So, if you want to talk, you can tell me your side, she kind of told me her side of the story.

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She came druve and told me hers. Or, just to get your side, there is always two sides to every story. It was one just one of those stupid idiotic moments. The following are excerpts from the audio recording of the interview. Detective: So, she tells me that on the day that it happened you guys go in there, its dark. Detective: Ok. So where did it progress from there?

Appellant: As in, what? Detective: As in, you guys went into the club house and then what happened? Appellant: Nothing, you know, we were just, whatever, making out, whatever you call that -- and it went from there? Appellant: As chqt, like, a continuous thing? Detective Arp: As in the both of you, consenting, as in the both of you wanting to have sex. We talked about it. Detective Arp: Did you take her clothes off?

Appellant: Yes and no. Detective: Well, so the clothes are off. I assume you took your dive off.

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Dtive Yes sir. Detective: Um, but she never gave consent, so to speak. Appellant: Kind of, I guess. Appellant: No, no, you know it was kind of [inaudible] kind of iffy about it.

Something, something along those lines. And, more or less, she said you 6. Is that accurate?

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Appellant: Yea. So, so in your eyes, where did it ever go from when she first said something to effect of no, do you remember what she said? I guess it was just the hormones. I know for sure that if I could go back in time, I would have to slap the crap out of myself. I know what I did was wrong.

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chaat I know I should have never done it. Detective: Why do you feel it was wrong? Twenty-five minutes into the conversation, Detective Arp asked appellant when he expected his parents to arrive home. Appellant asserted that his dad would be home soon. I would love to speak with them, 7. At that time, Detective Arp asked appellant to call his dad. Appellant fext. Before leaving, Detective Arp requested that appellant have no contact with A.

A trial was held before a magistrate on September 14, A copy hext the report he authored after his interview with the victim was entered into evidence. He further admitted that he never looked in the clubhouse nor did he look to see whether the door to the shed had a lock.

After her eyes adjusted yoou the darkness, A. She also noticed a box of condoms on the shelf. As she was looking around, A. At that moment, A. Appellant had trouble with A. Peroxide and — to get the blood off me, then I saw pills and Txet just — I wanted to commit suicide right then and there. A few days after the incident, A. The counselor informed A. A few hours later, A. YOU had to live with the guilt hoio two days? Yeah it seems weird but so does dating your cousin but shit happens so who knows A.

Hopefully the no contact order will go away B. She admitted that she kissed him back. When asked why she went in, A. She explained that he started by pulling her pants down. When appellant got them to her ankles, A. Then, appellant started to take off A. Appellant was unable to unclasp A. She did.

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Appellant removed A. Thereafter, the following exchange then occurred between A. So he was completely naked at the time he was removing your clothing? Did he threaten you at any time? Did he manhandle you and try to harm you in any way?

Appellant stood up to talk to him. And what was — what was [appellant] doing during this time? He was talking to him, and when I went to sit up, he just had his hand out to me, he kind of gave me a like a side glance as he was still on the phone. A side glance, what — what like drige was going to hurt you?

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He was going to hurt you? So when the phone call ended, tell us what happened at that point. And, well, describe what happened. I mean, I want to know. Did you cry out? Cry out as in for help or — Q. Yeah, cry out — A. A supplement to the objections was filed, with leave of court. The trial court placed appellant on community control until further order. Appellant was committed to 90 days in custody, with credit for 4 days served. The remaining days were stayed, subject to successful community control.

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Appellant presents three asments of error for our review. Schaim, 65 Ohio St. Roberson, 6th Dist.

State v.

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