Appeals court upholds rape conviction

By: 
Larry Limpf

News Editor
news@presspublications.com

The Ohio Sixth District Court of Appeals has upheld the conviction and life sentence of a man found guilty of 10 counts of rape in 2021.
James Alliman, who was living in Curtice at the time he was indicted, was found guilty in a jury trial in Ottawa County Common Pleas Court.
He had been indicted in 2020 on charges of engaging in sexual conduct with two female victims who were less than 13 and 10 years old at the time. The assaults began in September 2010, according to the indictment, and continued until September 2016. The victims were his daughters, court records say.
In his appeal, Alliman contended his attorney failed to recognize flaws in how rules of evidence were administered during his trial.
In particular, he argued his defense counsel failed to object to the admission of hearsay statements, which he claimed were openly created by “government agents.”
He also alleged his counsel failed to object to “highly prejudicial, inadmissible character evidence” and failed to engage in meaningful cross examination throughout the case as well as seek a mistrial on multiple issues.
Much of Alliman’s appeal focused on the prosecutor’s use of expert witness testimony and alleges the trial court should have barred the testimony.
But the appeals court rejected his argument.
“Several months before trial, the state provided appellant (Alliman) with Koselka’s curriculum vitae outlining her qualifications as an expert in the field of counseling and treatment for victims of sexual assault,” the appeals court wrote. “At this time, the state also furnished a summary of Koselka’s anticipated testimony, which listed two general areas of anticipated testimony, namely testimony as to the signs and symptoms of sexual abuse and testimony about the delayed disclosure of sexual abuse.”
The counselor didn’t interview either victim and her report did not include any findings, analysis, conclusions, or opinion as to whether the victims were sexually abused, the court added, and the prosecution provided her report to Alliman more than 21 days in advance of the trial.
Charges were brought against him after one of the victims informed her school counselor in September 2019 Alliman began sexually abusing her in 2009. Her sister came forward later with similar allegations.
At trial, the prosecution called seven witnesses, including the victims. Alliman didn’t call any witnesses and didn’t take the stand in his own defense.

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