Opinion
No. 100122
08-07-2014
STATE OF OHIO PLAINTIFF-APPELLEE v. MICHAEL A. MARESH DEFENDANT-APPELLANT
ATTORNEY FOR APPELLANT R. Brian Moriarty 1370 Ontario, Suite 2000 Cleveland, Ohio 44113 ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor Kevin R. Filiatraut Assistant Cuyahoga County Prosecutor The Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-12-565381-A
BEFORE: Kilbane, J., Boyle, A.J., and Jones, J. RELEASED AND JOURNALIZED: August 7, 2014
ATTORNEY FOR APPELLANT
R. Brian Moriarty
1370 Ontario, Suite 2000
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
Kevin R. Filiatraut
Assistant Cuyahoga County Prosecutor
The Justice Center - 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MARY EILEEN KILBANE, J.:
{¶1} Defendant-appellant, Michael Maresh ("Maresh"), appeals the denial of his motion to suppress and his convictions for sexual battery. For the reasons set forth below, we affirm.
{¶2} In September 2012, Maresh was charged with two counts of sexual battery in violation of R.C. 2907.03(A)(1) and (A)(6). The charges arise from a relationship between Maresh, a Parma Municipal Court probation officer, and B.M., one of his probationers. Maresh was also employed as a corrections officer for the city of North Royalton. In December 2012, Maresh moved to suppress the statements he made to North Royalton Detective Dave Loeding ("Loeding") while he was in the Veterans Administration Hospital ("V.A. Hospital") in Cleveland, Ohio. Maresh argued that his statement was coerced and involuntary, claiming that he was interrogated while being treated in the hospital for mental health issues. The state of Ohio opposed the motion. The trial court held a hearing, at which the following evidence was adduced.
{¶3} On July 11, 2012, B.M.'s attorney notified Loeding of allegations that Maresh had a sexual relationship with B.M. while he served as her probation officer. After obtaining a statement from B.M., Loeding secured a search warrant for Maresh's cell phone. Loeding learned through Maresh's supervisor in North Royalton that Maresh was on leave for Army Reserve training in Ravenna, Ohio. On July 23, 2012, Loeding went to the Ravenna base and briefly spoke with Maresh. He informed Maresh why he was there and obtained Maresh's cell phone.
{¶4} While he was still in Ravenna, Maresh called his then fiancée, Alyssa Gilpin ("Gilpin"), crying and apologizing for having an inappropriate relationship with a girl that was on probation with him. Gilpin and Maresh have a son and were living together at the time of the incident with B.M. He told Gilpin that the police came to Ravenna and served him a search warrant for his phone. Gilpin told Maresh that she was taking their son and leaving and Maresh "essentially flipped out." At that time, Maresh talked about killing himself. On a prior occasion, Maresh threatened to kill himself after Gilpin caught him cheating on her through a dating website. Subsequently, Gilpin alerted a commanding officer at the Ravenna base and asked that Maresh stay at training until everything was figured out.
{¶5} After Maresh called Gilpin, Loeding contacted her about Maresh's cell phone to figure out how to view pictures on Maresh's cell phone that were protected by a password. Gilpin told Loeding that she did not want to get involved and to speak with Maresh himself, as he wanted to speak with the