State v. Stefanko

193 N.E.3d 632

STATE of Ohio, Appellee

v.Erica STEFANKO, Appellant

No. 30079

Court of Appeals of Ohio, Ninth District, Summit County.

July 27, 2022

ANGELA M. KILLE, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN R. DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

CALLAHAN, Judge.

{¶1} Appellant, Erica Stefanko, appeals her convictions by the Summit County Court of Common Pleas. This Court reverses.

I.

{¶2} Just before midnight on June 20, 2012, a woman who identified herself as "Jen" ordered a pizza from the Domino's Pizza in Portage Lakes Plaza with instructions for delivery to the rear entrance of a business on West Turkeyfoot Lake Road. A.B., the delivery driver, did not return as expected, and the Domino's manager contacted the police. When they arrived at the address specified for the delivery, they found that it was "pitch black" and noted signs of a struggle and a significant amount of blood in the parking lot. The parking lot was otherwise empty; neither A.B. nor her vehicle were found. The New Franklin Police Department issued an alert for law enforcement to be on the lookout for A.B. and her vehicle. In the meantime, the Domino's manager informed the police that A.B. had recently been embroiled in a custody dispute with her former boyfriend, Chad Cobb, and his then-wife, Ms. Stefanko.

{¶3} That information led the police to an address on Rex Lake Road, a property owned by Mr. Cobb's grandparents. Upon arrival, one officer noted the presence of an unattached garage at the rear of the property. The officer approached the garage on foot and discovered a black Lincoln Navigator parked behind the garage. The vehicle matched the description of a vehicle owned by Mr. Cobb's family, and when the officer approached, he found Ms. Stefanko seated in the passenger seat of the vehicle with four young children in the back. The driver's seat was empty, and Mr. Cobb was not present. The officer heard "heavy footsteps[ ]" in the woods and, after other officers arrived at the scene, proceeded into the woods and found Mr. Cobb crouched behind a tree. Mr. Cobb was taken into custody; Ms. Stefanko was taken to the New Franklin Police Department, then released. The four children were left in the custody of Mr. Cobb's grandparents. Police still, however, had no information about the whereabouts of A.B.

{¶4} Later that morning, a resident of Doylestown noticed a red light that appeared to be flashing in the area of a field of planted corn near her residence. She noted that the light remained later in the day and called the Wayne County Sheriff's Office out of concern that there did not appear to be anyone working or moving about in the area. A sheriff's deputy who was dispatched in response to her call approached the location on foot along an ATV trail. The deputy received a dispatch containing a description of A.B.’s vehicle while en route to the area, and, when he emerged from a tree line into the cornfield, he noticed a vehicle that matched the description. Upon approaching the vehicle, the deputy discovered a body in the backseat. He noted that the individual's face was "very dark purple[ ]" and that a zip tie was secured around her neck. A zip tie also bound her wrists, and wires from a device similar to a Taser hung from her body. Pieces of black duct tape were found on and around the body. The individual wore a Domino's shirt, and there was blood in the car. The car's license plate matched that of the car driven by A.B.

{¶5} Police later executed a search warrant at the home shared by Mr. Cobb and Ms. Stefanko. On and around an improvised table in the backyard, they discovered zip ties, items of camouflage clothing, a backpack, a scuba knife, boots, and a "conductive energy weapon[ ]" similar to a Taser. Police also found a military-type flashlight with a red lens conducive to night vision, a black neoprene mask, camouflage face makeup, a pair of gloves with "hardened knuckles[,]" and a roll of black duct tape.

{¶6} Mr. Cobb was indicted on two counts of aggravated murder in violation of R.C. 2903.01(A) and two counts of aggravated murder in violation of R.C. 2903.01(B), as well as counts charging him with kidnapping, aggravated robbery, felonious assault, retaliation, tampering with evidence, grand theft, abuse of a corpse, possessing criminal tools, and domestic violence. Three of the aggravated murder charges were accompanied by death penalty specifications. Mr. Cobb pleaded guilty to one count of aggravated murder and one count of kidnapping as well as the counts that charged him with aggravated robbery, felonious assault, retaliation, tampering with evidence, grand theft, abuse of a corpse, possessing criminal tools, and domestic violence. The remaining charges were dismissed. On February 28, 2013, the trial court sentenced him to life in prison without the possibility of parole for aggravated murder, along with concurrent prison terms for the remaining offenses. Mr. Cobb appealed, and this Court affirmed his conviction. See generally State v. Cobb , 9th Dist. Summit No. 26847, 2014-Ohio-1923, 2014 WL 1875803.

{¶7} Knowing that a female placed the pizza order that lured A.B. to the scene of the murder, however, police continued to seek information related to the possible involvement of Ms. Stefanko in the crimes. The detective who investigated A.B.’s death initiated contact with Mr. Cobb in jail, and he routinely monitored public information posted on Ms. Stefanko's social media. Although Mr. Cobb initially refused to speak with the detective, he sent the detective a letter in December 2017 that provided a lead in the investigation. The detective subsequently interviewed and obtained a statement from Mr. Cobb's mother, C.C., who ultimately provided him with the audio recording of a conversation between her and Ms. Stefanko that occurred in 2014. Mr. Cobb and another family friend ultimately provided statements to the detective as well.

{¶8} On November 19, 2019, Ms. Stefanko was indicted for two counts of aggravated murder, two counts of murder, and one count each of kidnapping, aggravated robbery, felonious assault, retaliation, tampering with evidence, grand theft of a motor vehicle, gross abuse of a corpse, and possessing criminal tools. The State dismissed all of the charges other than aggravated murder, murder, kidnapping, and aggravated robbery based on the relevant statutes of limitations.

{¶9} The trial court conducted a series of pretrials in late 2019 and early 2020 and, on January 29, 2020, set the case for trial on June 10, 2020. On March 9, 2020, however, the Governor of the State of Ohio issued an executive order that declared a state of emergency in response to the spread of COVID-19. See Executive Order 2020-01D Declaring a State of Emergency , https://coronavirus.ohio.gov/static/publicorders/Executive-Order-2020-01D.pdf (accessed July 22, 2022). In the following months, the Supreme Court of Ohio and the Summit County Court of Common Pleas issued a number of administrative orders governing the conduct of cases during the COVID-19 public health emergency.

{¶10} Ms. Stefanko's case proceeded during this timeframe. During a pretrial conducted remotely by videoconference on August 31, 2020, the trial court noted that the issue of in-person testimony, especially with respect to Mr. Cobb, would be addressed at a later date. Both parties objected to the trial court's suggestion that the trial could be conducted remotely using videoconferencing technology. Commenting on Mr. Cobb's availability for in-person testimony, the trial court noted that "in light of restrictions in place by the Summit County Sheriff's Department in protecting inmates and employees from the public in Summit County * * * Mr. Cobb may never be transported back from the ODRC to the Summit County Jail." Ms. Stefanko "[v]ery vehemently" objected, and the State also indicated a preference for live testimony given the gravity of the case. At the conclusion of the pretrial, the trial court noted that the trial could go forward in person, by videoconference, or in a hybrid format.

{¶11} During pretrials conducted during September and October, the parties continued to express their preference for an in-person trial, while the trial court reiterated that the trial could go forward using videoconference technology in some form. On October 19, 2020, the trial court addressed the matter of rising COVID-19 infections in the State of Ohio and informed counsel that everyone in the courtroom would be required to wear masks in the event the trial went forward. On October 26, 2020, the trial court stated on the record, without elaboration, that "[Mr. Cobb] will not be transported from the Ohio Department of Rehabilitation & Correction for purposes of trial." In response to an inquiry by the State, the trial court stated that decisions related to revised COVID-19 protocols would be made closer to the November trial date.

{¶12} The trial court conducted the final pretrial on November 5, 2020, eight days before voir dire was scheduled to commence. At that time, the trial court confirmed that everyone in the courtroom—including witnesses—would be required to wear masks. The trial court also noted that voir dire would be conducted during a three-hour period between 8:30 a.m. and 11:30 a.m. on November 13, 2020, informed the parties that the courtroom would be closed to in-person spectators, but noted that the entirety of the trial would be live-streamed by Court TV, whose representatives would be attending in person. Ms. Stefanko reiterated her objection to Mr. Cobb's remote testimony.

{¶13} On the eve of trial, the State moved to conduct the trial entirely through remote videoconferencing, citing "spiking" COVID-19 case numbers. In the alternative, the State moved to continue the trial. Ms. Stefanko opposed the motion to conduct the trial virtually and, in the event that the trial court...