State v. Jordan


[Cite as State v. Jordan, 2022-Ohio-2708.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY STATE OF OHIO : : Plaintiff-Appellee : Appellate Case No. 29166 : v. : Trial Court Case No. 2019-CR-2048 : ADAM P. JORDAN : (Criminal Appeal from : Common Pleas Court) Defendant-Appellant : : ........... OPINION Rendered on the 5th day of August, 2022. ........... MATHIAS H. HECK, JR., by LISA M. LIGHT, Atty. Reg. No. 0097348, Assistant Prosecuting Attorney, Montgomery County Prosecutor’s Office, Appellate Division, Montgomery County Courts Building, 301 West Third Street, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee J. DAVID TURNER, Atty. Reg. No. 0017456, 101 Southmoor Circle NW, Kettering, Ohio 45429 Attorney for Defendant-Appellant ............. TUCKER, P.J. -2- {¶ 1} Defendant-appellant Adam P. Jordan appeals from his convictions in the Montgomery County Court of Common Pleas for rape, attempted rape and gross sexual imposition. For the reasons discussed below, the judgment of the trial court is affirmed. I. Facts and Procedural Background {¶ 2} On October 21, 2019, a Montgomery County grand jury returned an indictment charging Jordan with one count of rape of a minor under the age of 10, one count of rape of a minor under the age of 13, one count of attempted rape of a minor under the age of 10, one count of gross sexual imposition by force, and 13 counts of gross sexual imposition of a child under the age of 13. The charges stemmed from allegations that Jordan had sexually abused his two minor daughters, A.J. and M.H. The matter proceeded to a jury trial beginning in May 2021. At the time of the trial, A.J. was 17 and M.H. was 22. {¶ 3} M.H. testified that when she was between the ages of seven and twelve, Jordan would routinely make her rub his thighs and buttocks, after which he would put her on his lap facing him while he rubbed his penis against her vaginal area. Jordan would also touch her thighs and buttocks. During these encounters, Jordan would have an erection. M.H. testified regarding five specific instances of this behavior. {¶ 4} A.J. also testified during trial. According to A.J., the first time she was abused, she was wearing a “Cinderella princess nightgown” when Jordan called her into his bedroom. Tr. p. 255. She testified she knew the abuse started when she was -3- approximately six years old because that nightgown, which fit her loosely at the time of the abuse, fit her snugly by the time she was eight. According to A.J., Jordan was watching pornography on his computer. He made her sit on his lap and watch with him. A.J. testified that Jordan eventually took off his pants and underwear and began rubbing against her buttocks. Jordan later removed her underwear and pulled the nightgown up. Jordan touched her vagina with his hands, then began rubbing his penis against her vaginal area. A.J. testified that Jordan inserted his fingers into her vagina. She testified that the encounter …

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