The Akron Legal News

Man who assaulted girlfriend loses appeal

ANNIE YAMSON
Special to the Legal News
Published: October 29, 2014

A recently released opinion from the 11th District Court of Appeals affirmed the judgment of the Lake County Court of Common Pleas in a domestic violence case.

Defendant Stacey Long challenged his convictions for kidnapping, felonious assault and domestic violence along with his 10-year prison sentence.

The opinion, authored by Judge Thomas Wright on behalf of a three-judge appellate panel, addressed Long’s claims that the trial court admitted hearsay evidence, improperly denied a motion for substitute counsel, failed to merge convictions and imposed a sentence that was contrary to law.

The appellate panel, however, found little merit to Long’s arguments and instead held that Long was manipulative and attempted to interfere with the prosecution’s case throughout the trial.

The incident leading to Long’s arrest took place on March, 7, 2013 when Donna Palmatier came home to the apartment that she shared with Long. The two were in a romantic relationship.

Case summary states that, at some point in the evening, Long entered and demanded that Palmatier make him a hamburger.

She refused and Long replied that he would find somebody else to make the burger. Palmatier then told Long that he could leave the key to her apartment and go find that other person.

The encounter then turned violent. Long followed Palmatier into the bedroom and started pulling her hair.

When she tried to flee from Long and call the police, he grabbed her cellphone and threw it, causing the battery to come dislodged.

Long then proceeded to pick Palmatier up and throw her into the couch, causing her to hit her head. He then tore her clothes off, punched her in the head and picked her up again.

Long carried Palmatier to the balcony and threatened to throw her off. He stated that she would land on his friend’s truck and become severely disabled.

Palmatier managed to escape and run to the kitchen but she fell on the floor.

When Long found her, he sat on her stomach and held a knife, stating, “I could cut your jugular vein. Look up because this is the last you’re going to see.”

Eventually, Palmatier gave up her struggle and asked Long, “What do you want me to do? I’ll do anything you want me to do.”

At that point, Long turned caring. He helped Palmatier to her feet, moved her to the bedroom where she could lay down and put an ice pack on her head.

He gave Palmatier permission to call the police but she declined.

When Palmatier told Long that she believed she had a concussion, Long replied that she did not have one because he intentionally hit her in locations that would not lead to a concussion.

The next morning, Palmatier was lethargic and could not move her head. She sent a text to her daughter, Amy Beauchamp telling her that she was not feeling good and would not be able to baby-sit Beauchamp’s children for the weekend as they had previously agreed.

Concerned, Beauchamp went to the Willowick Police Department and asked if officers would accompany her to check on her mother.

When they arrived, Long opened the door and the police noticed Palmatier inside with severe bruising on her face.

She was not forthcoming with details about her injuries, but eventually Palmatier was convinced to pack an overnight bag and leave with the police officers.

The police took pictures of Palmatier’s injuries including severe swelling around her eyes, a bad bruise on her left eye that extended beyond the perimeter of her eye socket and bruising around her left cheek.

Palmatier refused to press charges and indicated that she did not want medical care though Beauchamp later convinced her mother to go to the hospital where she refused another time to press any charges.

At trial, Officer Gregory Williams testified that victims of domestic violence often do not want to press charges.

At the hospital, Palmatier admitted she was assaulted by her boyfriend by being pushed down and repeatedly punched.

Dr. Jon Maxfield testified that Palmatier did, in fact, suffer a concussion along with a rib fracture and severe bruising to her face.

For the next several weeks, Palmatier lived with Beauchamp while she recovered.

At some point after the Lake County prosecutor became involved with the incident, Long sent Palmatier a letter which was admitted into evidence at trial.

In it, he instructed Palmatier to write an affidavit indicating he did not harm her and that anything she said to police was said under duress.

Long told Palmatier to get the statement notarized, make copies and send them to the clerk of courts.

He instructed her to not sign any certified mail, show up in court or open the door to any unexpected guests in case a bailiff was sent to serve her.

“If you end up here (in court), simply state you don’t remember and plead the fifth and state you were under duress when you spoke with police,” Long wrote. “Throw this out after you read it.”

Palmatier disregarded the last instruction and handed the letter over to the prosecutor’s office.

The state also presented recorded phone calls that Long made from jail to his sister.

At one point during the conversations, Long admitted that his actions reflected misplaced anger that he took out on Palmatier.

He also told his sister that, if Palmatier were to cooperate with the state, “it would be a wrap,” presumably because it would lead to his conviction.

Though Long refused to testify at trial, his defense hinged on his claim that Palmatier’s injuries were “not that serious.”

Ultimately, he was found guilty and sentenced to 10 years in prison.

Upon direct appeal to the 11th District court, Long presented several assignments of error but most of his appellate brief centered on his claim that he received ineffective assistance of counsel and that he should have been granted a substitute attorney when he requested one.

According to him, his counsel was unhelpful in more ways than one, combative and failed to obtain a desirable plea bargain.

“As a general proposition, an indigent criminal defendant does not have a constitutional right to choose the attorney who will represent him at the expense of the state,” wrote Judge Wright. “The trial court also informed Long that he had no right to a plea bargain that satisfied him.”

Long proceeded to complain that he and his counsel had an argument.

In his motion for substitute counsel, Long wrote, “Counsel’s inertia is deliberate and constitutes cruel and unusual punishment creating additional fear and anxiety as he withholds his skills and knowledge to meet the case of the prosecution.”

In other words, Long contended that the defense and prosecution were in cahoots and that his attorney was not seeking exculpatory evidence.

In an additional statement that he submitted to the trial court, he argued that his attorney was “complicit in prosecutorial misconduct.”

“From our perspective, trial counsel and Long at times had significant disagreements over trial strategy,” wrote Judge Wright. “However, such disagreements alone are insufficient to create a complete breakdown in the relationship.”

The appellate panel ruled that Long’s assignment of error had no merit and proceeded to overrule his remaining arguments.

Presiding Judge Timothy Cannon joined Judge Wright in affirming the judgment of the Lake County court.

Judge Colleen Mary O’Toole dissented in part on the basis of her belief that Long’s convictions for felonious assault and kidnapping should have been merged.

The case is cited State v. Long, 2014-Ohio-4416.

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