People v. Helton

Opinion

ROTH, P. J.

Thomas Helton appeals from his conviction of assault with intent to commit rape and first degree burglary. We affirm.

On the evening of October 7, 1982, Carlu Hermann and her husband Phillip were watching television in the den of their house at 8026 Lessner. After 11 Mr. Hermann left for bed. Mrs. Hermann fell asleep on the sofa watching television. She was awakened by a man straddling her. She screamed her husband’s name once before the attacker put his hand over her mouth and told her to be quiet. He tried to lift up Mrs. Hermann’s nightgown. Mrs. Hermann’s scream woke her husband. He tried to enter the den, but the door had been locked by the intruder. Hearing Mr. Hermann’s hand at the door, the attacker sprang up and fled the house.

Mrs. Hermann described her assailant to police as approximately 5 feet 9 inches tall, weighing 160 pounds. He had brown, shoulder-length, straggly hair, a moustache and a goatee.

On October 8 while cleaning the den Mrs. Hermann found a set of keys under a cushion of the sofa. They bore two tags, one marked “Shotgun,” the other indicating that it was the property of the Cincinnati Police Department. The Hermanns gave the keys to the police.

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On October 11 Detective Mehringer took the keys to 8122 Lessner, Helton’s residence. He showed them to Charles Parks, one of Helton’s housemates. Mr. Parks turned and shouted, “Jan, they found Shot’s keys.” The keys were linked to a Pontiac with Ohio license plates parked in the driveway. Officer Mehringer then arrested Helton at his place of work. He noticed that Helton had recently shaved his chin, evident because it was a lighter shade than the rest of his face. Helton said that his nickname was “Shot” or “Shotgun.” On November 15, Officer Mehringer again spoke with Mr. Parks, who stated that Helton had shaved off his goatee two or three days before his arrest.

On October 12 Mrs. Hermann viewed a police photo display which included a picture of Helton. She picked out someone other than Helton as her attacker. That evening she attended an in-person lineup. She again failed to select Helton. However, she positively identified Helton both at his preliminary hearing and at trial.