Ohio v. Reiner

532 U.S. 17 (2001)

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Nature of the Case

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Facts

Respondent was charged with involuntary manslaughter in connection with the death of his 2-month-old son Alex. There was substantial evidence that he died from 'shaken baby syndrome,' the result of child abuse. Respondent had been alone with Alex for half an hour immediately before Alex stopped breathing. Respondent's experts testified that Alex could have been injured several hours before his respiratory arrest. Respondent’s defense was that Susan Batt; the babysitter had inflicted the injuries. Batt informed the court in advance that she intended to assert her Fifth Amendment privilege. The trial court granted her transactional immunity from prosecution. She then testified and denied any involvement in Alex's death. The jury found respondent guilty of involuntary manslaughter, and he appealed. The Court of Appeals of Ohio, Sixth District, reversed respondent's conviction on other grounds. The Supreme Court of Ohio affirmed the reversal, on the alternative ground that Batt had no valid Fifth Amendment privilege and that the trial court's grant of immunity under §2945.44 was therefore unlawful. The court found that the wrongful grant of immunity prejudiced respondent because it effectively told the jury that Batt did not cause Alex's injuries. It noted that the Court of Appeals, in finding a valid privilege, failed to consider the prosecutor's suggestion that Batt's testimony would not incriminate her, and Batt's denial of involvement in Alex's abuse when questioned by the Children's Services Board. The court held that 'Susan Batt's [trial] testimony did not incriminate her, because she denied any involvement in the abuse. Thus, she did not have a valid Fifth Amendment privilege.'