On December 7, 2022, 58-year-old Antionette Green was charged with assaulting a patient in a group home in Cincinnati, Ohio.
Green was an employee of TruCare Provider Services, a residential caregiving service for adults with developmental disabilities. She was accused of assaulting a patient named Zoe Whitt on September 30, 2022.
In July 2023, Green went to trial in Hamilton County Court of Common Pleas. She waived a jury and chose to have the case decided by the judge.
There were three witnesses for the prosecution. Cincinnati police officer Meredith Newman testified that she was assigned to investigate a complaint made by Jhalesa Chappell, a co-worker of Green’s. Newman admitted that she had no first-hand knowledge of the incident and that the charge was based on what Chappell had told her.
Chappell testified that she was employed at TruCare and worked along with Green as a caretaker for Whitt. She said that on September 30, 2022, she and Green worked the first shift at the TruCare group home to provide care for Zoe Whitt. Chappell said Whitt was unable to verbally communicate, had cognitive disabilities, and required 24-hour care. Chappell also testified that Whitt engaged in self-harming behaviors, including scratching herself and pulling her hair.
Chappell said that on the day of the alleged incident, Whitt began stuffing food into her mouth during lunch, a not uncommon occurrence. “Zoe tends to eat fast, so while she's stuffing her mouth, [Green] slapped her in the face.” Chappell claimed that Whitt was hurt by the slap because “she grunted and scrunched down.”
Chappell conceded that she did not see any physical injury to Whitt.
Asked about TruCare’s protocol for client injuries, Chappell testified that caregivers are required to track injuries by taking photos and documenting the injury in a notebook. She admitted that she did not document the incident in the notebook and did not take photos. Instead, she said she reported the incident to her supervisor, Tiffany Lee.
Chappell also testified that after the incident, she was placed on leave and never returned to work for TruCare.
Lee testified that after Green made her report, she saw some type of injury to the top of Whitt's head, but never saw anyone assault Whitt. Lee said that on October 4, 2022, several days after the alleged incident, she called the police at the request of another manager.
On July 10, 2023, Common Pleas Court Judge Alison Hatheway convicted Green of the charge of assault.
“I don't think there was anything presented that would allow the Court or prompt the court to disbelieve what [Chappell] said that she saw,” Judge Hatheway said. “And it really doesn't have to result in physical harm. All it has to do is be an attempt to cause physical harm.
“And there was plenty of testimony from all three witnesses about the level of functioning that [Whitt] had. And obviously she wasn't even able to come in and testify today because of her impairment. So with that being said, the Court does believe that the state proved beyond a reasonable doubt that Ms. Green did commit the offense of assault.”
After the trial, the defense learned that Officer Newman had taken a recorded statement from Chappell. The prosecution contended it had never seen the report, but Newman claimed she had turned it over to the prosecution. The defense filed a motion for a new trial.
In the recorded statement, Chappell disclosed that she had been upset with Green because she believed that Green told other people that Chappell had come to work drunk and hungover. As a result, Chappell wanted to switch houses so she did not have to work with Green. However, TruCare management had refused her request, and she was forced to continue to work with Green against her wishes.
On August 3, 2023, Judge Hatheway held a hearing on the motion. The prosecution argued that it was up to the judge to determine Chappell’s credibility. “We have a non-verbal witness who is functionally impaired in this case,” the prosecutor declared. “One of her caretakers saw someone else slap her. There is no reason to doubt what she saw, that she mistook Zoe’s hand for Antionette’s hand. She testified, ‘No, I saw her slap Zoe at lunch. It caused her pain. She grunted.’”
On September 7, 2023, Judge Hatheway denied the motion. On October 3, 2023, Judge Hatheway sentenced Green to two years of probation.
Attorney Bryan Perkins appealed the conviction, arguing that the failure to disclose the impeaching interview resulted in an unfair trial.
“Had Chappell’s recorded statement been disclosed to the defense prior to trial, Green would have been able to show that Chappell was not the disinterested witness that she portrayed herself to be,” Perkins argued. “In truth, Chappell was biased and had a significant motive to fabricate a false allegation against Green.”
On August 28, 2024, the First District Ohio Court of Appeals agreed and vacated Green’s conviction.
“In our view, it is reasonably probable that [Chappell’s] testimony would be disbelieved were she to be subject to cross-examination about her bias towards Green,” the court said.
On February 12, 2025, the prosecution dismissed the case.
– Maurice Possley
Posting Date: 02-12-2026
