Judges reject appeal of Wellsville man sentenced for multi-year child sex abuse

LISBON An Ohio appeals court has upheld the convictions of a Wellsville man who was found guilty of sexually abusing a boy as young as six.
The Seventh Appellate District Court of Appeals in Columbiana County earlier this month rejected all four arguments raised in Spencer Kidder's appeal, stating they lacked merit.
A three-judge panel unanimously upheld the judgment of the Columbiana County Common Pleas Court. Judge Mark Hanni authored the opinion, which affirmed Kidder's convictions on four counts of rape and one count of gross sexual imposition.
Kidder, who was sentenced to life in prison, appealed his conviction, arguing that the trial court erred by allowing improper testimony from an expert and other witnesses. He also claimed there was insufficient evidence to support his convictions and that his counsel was ineffective.
The case stemmed from a grand jury indictment in September 2022. The victim testified that the abuse began when he was 6 or 7 years old during weekend visits. The victim said Kidder would make him sleep naked in bed with him and would sexually abuse him in the bathtub and in bed. The abuse continued for several years until the victim was 12 years old.
In 2021, the victim disclosed the abuse to a school counselor, which initiated a police investigation. The victim also told a family friend about the abuse while playing a video game.
The appeals court systematically dismantled each of Kidder’s claims.
The court found that the expert testimony from a sexual assault nurse practitioner was not improper. The expert's opinion was based on her observations of the victim’s behavior during an interview, including his physical signs of stress and his self-harm, and not solely on his statements.
Regarding the claims of hearsay, the court ruled that since the victim and other key witnesses testified at trial and were subject to cross-examination, the statements were not a violation.
The court added that statements made to police officers and family members were not hearsay because they were used to explain the course of the investigation and the actions of the witnesses, not to prove the truth of the statements themselves.
The court also dismissed the argument of insufficient evidence, stating that even without the challenged testimony, the victim’s own detailed account provided enough evidence for a rational jury to convict Kidder.
Finally, the court concluded that because there was no error in admitting the evidence, Kidder's claim of ineffective assistance of counsel had no basis.
Kidder was sentenced to life without parole on two of the rape counts, with additional consecutive sentences for the other convictions. He was also designated a Tier III sex offender.
