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State v. Kellon9/20/2001
Defendant-appellant Jeffrey B. Kellon ( Kellon ; d.o.b. March 4, 1966) appeals from his jury trial conviction of four counts of corruption of a minor (counts 3, 6, 9 and 13) and one count of possession of criminal tools, to-wit, a battery-powered silver-colored vibrator (count 14). For the reasons adduced below, we affirm.
A review of the voluminous record on appeal indicates that Kellon, an African-American who was approximately thirty-one (31) years of age at the time of the January 2000 trial herein, was charged with committing the offenses named above between July and August of 1998. Kellon's wife of ten years, Julie Kellon, is Caucasian and is employed as a nurse at the Cleveland Clinic Hospital; the couple have two children, an infant boy and a seven-year-old girl. The victim, Candice Baumgartner ( Candice ), who was the State's principal witness at trial, was an adolescent Caucasian female who was approximately seventeen (17) years of age at the time of trial and fifteen-and-a-half (15/) years of age at the time of the offenses herein, and was born on January 4, 1983.
Candice was a freshman student at Cleveland Heights High School and a member of the track team at the time of the offenses herein. At the time of the offenses Kellon was employed as a county probation officer and a part-time assistant track coach at Cleveland Heights High School.
The testimony reflects that the Kellons hired Candice as a babysitter for the Kellons' two children in their home in the summer of 1998. Prior to working as the babysitter, Candice testified that Kellon engaged her in conversations in April of 1998 and told her that he and his wife had an open marriage and that he had had some extramarital affairs, one involving a girl around Candice's age before Kellon had married. Tr. 1016-1019. According to Candice, Kellon also inquired as to whether Candice was a virgin; Candice claimed to being a virgin, to-wit, she never had engaged in sexual intercourse. Tr. 1019-1020,
Candice also testified to a series of episodes involving sexual misconduct between herself and Kellon. The first episode allegedly occurred on the early afternoon of July 6, 1998, when Kellon took her on a motorcycle ride to a local park. While on a path deep in the wood in the park, by a stream, and for approximatelytwenty minutes, Kellon allegedly French kissed her repeatedly, touched her chest, licked the inner thighs of her legs, removed her shorts and underwear and placed his finger and tongue into her vagina. Candice did not object to these actions except to tell him, after approximately twenty-five minutes of the foreplay, that she had to be home by 4:00 p.m.. Tr. 1046-1057, 1062. Candice identified a series of photographic exhibits of the park location as the area where they had parked and where the sexual impropriety had taken place. Tr. 1041-1046, 1064-1065. Candice, on the night of the episode, recorded the episode events in detail in a journal, the contents of which were admitted into evidence. Tr. 1067-1070.
The second episode allegedly occurred on an evening in early July 1998, while at Kellon's home. At that time, Kellon had allegedly telephoned Candice requesting that she come to his house to do some housekeeping. Tr. 1077. Mrs. Kellon and the Kellons' older daughter were not at home but the Kellons' infant was at home with Kellon. While at the home, Kellon, over a ten-minute period, allegedly put his hands down her pants and placed his finger into her vagina. Again, Candice did not voice any objections to Kellon's advances, except to tell him that she had to be home by 11:00 p.m.. Tr. 1082-1084.
The third episode allegedly occurred on an early August 1998 evening
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