State v. McGraw

In State v. McGraw (June 16, 1994), 8th Dist. No. 65202, 1994 Ohio App, the defendant had been charged for sex offenses against his stepdaughter, which were alleged to have occurred more than 12 years prior to the indictment. The defendant had moved out of the family's home sometime in 1980. In May 1981, the defendant fled Ohio after he was charged with driving while intoxicated ("DWI"). In March 1992, the victim saw the defendant's picture on the front page of the Cleveland Plain Dealer and disclosed her abuse to the police. She was 29 years old at the time, and she had never suppressed memories of the abuse. The lower court in McGraw granted the defendant's motion to dismiss the indictment, finding that "the flight or concealment must be from prosecution of the instant sexual offenses." The lower court in McGraw further explained: "The Court finds that had there been any testimony whatsoever from the victim that a threat with regard to prosecution on sexual abuse charges, if that had been issued at any time to this victim during that eleven-year period, the Court would find that the defendant was purposely avoiding prosecution for the instant offenses. But, based upon the law and the reading of the statute, this Court finds that the avoiding prosecution language in the tolling section applies to avoiding the prosecution for the DWI herein." Upholding the lower court's decision, this court reasoned: "The entire text of R.C. 2901.13 suggests that paragraph (G) read in pari materia means the instant prosecution not one for a different crime. There is nothing in the statute to suggest that flight or concealment from some other prosecution operates to toll the statute for the instant prosecution. Criminal statutes must be strictly construed against the State and liberally construed in favor of the accused. R.C. 2901.04(A). We find the trial court did not err in so construing the statute."