The Akron Legal News

Man convicted of raping 12-year-old girl loses appeal

ANNIE YAMSON
Special to the Legal News
Published: June 10, 2014

A rape conviction from the Lorain County Court of Common Pleas was affirmed recently when the 9th District Court of Appeals rejected the defendant’s argument that it was against the manifest weight of the evidence.

A jury had found Christopher Jones guilty of rape and importuning.

The Lorain County court sentenced him to consecutive terms of 10 years to life in prison for the rape and 36 months for the importuning count.

He was also found to be a Tier III sex offender.

According to case summary, Jones’ convictions stemmed from his short stay at the home of L.J. and her mother in August 2010. L.J. was 12 years old at the time.

Also staying at the home were L.J.’s mother’s cousin and his girlfriend, Tonya Portis.

One evening, case summary states that L.J. and Jones were in a basement bedroom when the lights were turned off and Jones raped L.J. He stopped when he heard her mother coming down the stairs.

A few days later, during a power outage, Jones had L.J. perform oral sex on him in the basement.

About 10 days after the first incident, L.J. informed her mother about what had happened but no formal report was filed because they were informed by police that “without evidence, it would be L.J.’s word against Jones’ word.”

In November 2010, L.J.’s mother discovered explicit Facebook messages between her daughter and Jones detailing the nature of their relationship as well as past and possible future sexual contact between them.

Jones was indicted for rape and importuning once L.J.’s mother contacted the police with the new evidence.

Upon appeal, Jones challenged the manifest weight of the evidence supporting his convictions but the 9th District’s three-judge appellate panel found little merit to his claims.

The panel reviewed trial testimony, where L.J.’s mother testified that she had known Jones for about five years before he came to stay at her house for about three days.

“The first night that Mr. Jones stayed at the house, mother became concerned when the house was very quiet because she knew that her cousin, Ms. Portis, Mr. Jones and L.J. were in the basement to make music,” wrote Presiding Judge Eve Belfance on behalf of the court of appeals. “Mother became more concerned when she noticed the basement lights were off.”

L.J.’s mom opened the door to the basement bedroom and saw L.J. and Jones laying on the bed together.

She testified that it made her feel uneasy so she instructed L.J. to go upstairs.

L.J. sat on the couch and cried. When Jones followed shortly thereafter, her mother told her to go to bed.

L.J.’s mother also told the court that, in November, she went downstairs and found L.J. using the computer though it was past her curfew for computer use.

She noticed that L.J. was chatting with Jones and stated that the messages were “some of the most heinous things (she) had ever seen anybody say to a child.”

The jury was presented with recordings of some of the Facebook conversations. In one exchange, Jones asked L.J. what she told her mother.

“I was like he did (me),” she wrote. “Well raped cuz I ain’t want it to sound like u did it on purpose.”

Jones responded by ordering L.J. to delete all of the messages between them.

“Delete everything I sent you,” he wrote, noting that he could “do 50 years in prison” for rape.

“However, at various points in their conversation, he praised her for her skill at fellatio, asked if she would have sexual intercourse with him again, and directed her to touch herself while thinking about him,” wrote Judge Belfance.

L.J. also told Jones, “Even though it’s weird being around you, I still feel like I should protect you.”

The appellate panel ruled that, based on the Facebook messages, the jury could reasonably have found that Jones engaged in sexual conduct with L.J.

“The messages explain the events that took place and contain Mr. Jones’ admission that he and L.J. engaged in sexual intercourse and fellatio,” wrote Judge Belfance. “Mr. Jones’ instructions to L.J. to delete the messages between them indicate that Mr. Jones knew that sexual conduct with L.J. was not consensual due to her age.”

The appellate panel concluded that Jones’ convictions were not against the manifest weight of the evidence before also overruling his claim that he received ineffective assistance of counsel.

The affirmation of the judgment handed down in the Lorain County court was unanimous with Judges Carla Moore and Donna Carr concurring.

The case is cited State v. Jones, 2014-Ohio-2228.

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