This is an appeal by the defendant, Mark Francis Hanna, from his conviction in the Circuit Court of Wood County of the crimes of kidnapping, abduction with the intent to defile, and burglary. The defendant contends that the trial judge erred in allowing cameras in the courtroom during trial and in allowing the State to introduce evidence of uncharged crimes.
He also challenges the sufficiency of the evidence for conviction of the crime of abduction with intent to defile. We find error on this latter ground, and we remand for correction of sentence.
The charges against the defendant arose out of the disappearance of his girlfriend, twenty-year-old Leslie Marty, on July 30, The evidence most favorable to the State[1] showed that the defendant and Leslie had lived together intermittently for about one year.
In June of , Leslie began dating Dwight Norman and told friends that she intended to break off her relationship with the defendant. The defendant spent the night of July 29, , with Leslie. The following morning they argued over her plans to go waterskiing with Norman in the afternoon. Leslie had arranged to meet Norman at around noon, but did not keep the appointment.
Instead, at approximately p. Before leaving Leslie there, the defendant introduced himself to Norman and stated that Leslie was "pissed off" because he had "kidnapped" her. Leslie said nothing, but appeared upset and later told Norman that she never wanted to see the defendant again. Leslie and Norman returned to Leslie's house at about p. The defendant subsequently arrived and presented Leslie with flowers and a card of apology. At approximately p. During the ensuing argument, the defendant stated that he "had a contract out on" Leslie and Norman and that they were "dead meat.
