State v. Bradford

• Decision Date: 12 August 2013
• Docket Number: No. 68568–6–I.,68568–6–I.
• Citation: 175 Wash.App. 912,308 P.3d 736
• Parties: STATE of Washington, Respondent, v. Jonathan Wells BRADFORD, Appellant.
• Court: Washington Court of Appeals

175 Wash.App. 912

308 P.3d 736

STATE of Washington, Respondent,

v.Jonathan Wells BRADFORD, Appellant.

No. 68568–6–I.

Court of Appeals of Washington,

Division 1.

Aug. 12, 2013.

Sarah McNeel Hrobsky, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

Dennis John McCurdy, Prosecuting Atty. King County, King Co Pros/App Unit Supervisor, Seattle, WA, for Respondent.

DWYER, J.

[175 Wash.App. 915]¶ 1 A jury found Jonathan Bradford guilty of several offenses, including the felony stalking of Vanida Vilayphone. Pursuant to RCW 9A.46.110, a person is guilty of stalking if, inter alia, he or she “repeatedly harasses” another person. The stalking statute'sdelineation of the term, “harasses,” incorporates the phrase, “course of conduct,” as set forth in RCW 10.14.020(1). The plain language of the definition of this term explicitly excludes from its scope constitutionally protected free speech activities. Accordingly,contrary to Bradford's contention, the stalking statute's harassment provision does not criminalize constitutionally protected free speech activities and, thus, is not unconstitutionally overbroad on its face.

¶ 2 Bradford further contends that the stalking statute is unconstitutionally vague because that which might be excluded from its purview as constituting constitutionally protected free speech activities can be difficult to discern and subject to debate amongst the legally-trained. Close analysis of this claim reveals that it is, put mildly, silly. Also unavailing is Bradford's contention that the trial court erred in admitting certain evidence of his harassing activities. We affirm.

I

¶ 3 Vilayphone met Bradford in early 2007 through her friend, Rose Smith. Although Vilayphone was married to Ron Mason, she and Bradford developed a romantic relationship toward the end of 2007. By the middle of 2009, Vilayphone decided to end her affair with Bradford. Bradford, however, rejected Vilayphone's repeated attempts to end their relationship.

¶ 4 Bradford did not have Vilayphone's cellular telephone number. Thus, in order to contact her, he began telephoning her at her place of employment several times a day. He would also appear at her work twice each week. In October 2010, Vilayphone quit her job because of Bradford's unrelenting efforts to contact her there.

¶ 5 Bradford additionally attempted to communicate with Vilayphone through her friend, Smith, whose cellular telephone number he had acquired. In November 2009, Bradford began to send Smith text messages, and continued to do so throughout 2010. Smith would forward these messages to Vilayphone. Some of the text messages that Bradford sent to Smith during this time warned that, if Vilayphone did not call him, he would harm himself or others. The messages also included threats to distribute to neighbors and family members a sex video of Vilayphone and Bradford. In May 2010, a copy of the sex video was placed on Vilayphone's husband's car.

¶ 6 In addition, Bradford appeared outside of Vilayphone's house almost every day in 2010. He would drive around the block on which her house was located, honk his car's horn, and park outside of her house.

¶ 7 On December 5, 2010, copies of the sex video were left on several cars in Vilayphone's neighborhood. A handwritten note with Vilayphone's name and address was included in each envelope that contained the video. On December 30, 2010, Vilayphone obtained an antiharassment protection order against Bradford. Nevertheless, Bradford continued to drive by and around Vilayphone's house.

¶ 8 Bradford also continued to send text messages to Smith throughout January 2011. On January 10, 2011, Smith forwarded to Vilayphone messages that stated: “Have Vanida call me, please”; “I know she's with you, and all I am asking for her is to call me. I need to tell her a few things before it's all over”; and, “Would you please ask Vanida to call me. I really need to talk to her before it's toooooooo late.”

¶ 9 On January 15, 2011, Vilayphone received another forwarded text message from Smith, which read: “By the way, the video is getting distributed to [her] neighbors.” On January 16, 2011, Smith forwarded the following text messages to Vilayphone: “Have Vanida check her Yahoo account”; “Have Vanida give me a call, please. It is a life or death emergency. I know you have been passing my messages to her, so you can pass this”; “I said it was life or death. Well, boooooommmmmmm!!!!”; and, “Smell gas? So do I.”

¶ 10 Upon receiving the various text messages from Smith, Vilayphone would invariably call 911, and did so on several occasions during the month of January. Officer Vasilios Sideris responded to many of these calls. As part of each investigation, Vilayphone would show Officer Sideris the forwarded text message displayed on her cellular telephone. Officer Sideris would record each text message verbatim into his notebook, from which he would subsequently copy the entries verbatim into a police report. At trial, Officer Sideris read the January 2011 text messages aloud, quoting directly from the police reports.¹

¶ 11 On January 20, 2011, Vilayphone discovered a suspicious package outside of her front door. The sender's information indicated that it was from Bradford. She called 911 and the police responded. After performing an x-ray examination of the package, the police opened the package and found a bottle of wine and a letter.

¶ 12 Two days later, Bradford was arrested after police officers observed him driving past Vilayphone's house. On April 12, 2011, Bradford pleaded guilty in Seattle Municipal Court to two counts of violation of the December 2010 antiharassment protection order, premised upon Bradford's contact with Vilayphone through a third party. He also pleaded guilty to one count of stalking Vilayphone.

¶ 13 A domestic violence no-contact order was entered on April 12, 2011. The order prohibited Bradford from contacting Vilayphone and was effective until April 12, 2016.² That same day, a second no-contact order was entered, prohibiting Bradford from contacting Smith until April 12, 2016.

¶ 14 On June 17, 2011, shortly after his release from jail, Bradford appeared at a restaurant in which Vilayphone was sitting. According to Vilayphone, he left the restaurant once he saw her there. One week later, Bradford located Vilayphone at that same restaurant, approached her, and professed his love for her. He left the restaurant after Vilayphone threatened to call the police.

¶ 15 Shortly thereafter, Bradford once again began to send text messages to Smith. Vilayphone contacted the police upon receiving these text messages forwarded from Smith. The police conducted a “phone dump” of Smith's cellular telephone.³ This procedure generated a 280–page report itemizing each text message that Smith's cellular telephone sent or received during a several-month period. The trial court admitted into evidence a 12–page condensed version of this report, which displayed each text message that Smith's cellular telephone had sent or received between June 26 and July 10, 2011. Included within this examination report were 25 relevant text messages received by Smith:

1. “Don't worry I will settle all of it in the next day or so! Thank you and yave [sic] a good night.” June 28, 2011.

2. “Rons going to know that she went to his house instead of yours you know that right? It isn't that hard to figure out.” June 28, 2011.

3. “It has always been a shame with her and you. Its a sad twist of affairs and it shouldn't have been. She was never honest with me, him or any body.” June 28, 2011.

4. “You need to guess who this is and yes it is the truth about her and the karma bartender. We all three know that's the truth.” June 28, 2011.

5. “Who? And why am I doing this? Answer the first question and I will answer the second. Ok then have her meet me at gasworks to talk about things.” June 28, 2011.

[175 Wash.App. 920]6. “Hello? ? ? ? ? ?” June 28, 2011.

7. “I need an answer.” June 28, 2011.

8. “Why is she doing this? I need an answer.” June 28, 2011.

9. “Hello? I need a reply.” June 28, 2011.

10. “I just want to let everyone know that I am not mad and that I am sorry for everything that happened. I didn't know that I was making everyone scared.” June 30, 2011.

11. “I am not mad at anyone and I am sorry for all the stress I caused. By doing what she did she destroyed my life. I just need to correct things.” July 2, 2011.

12. “I never hurt anyone or ever would so I don't understand why she did what she did or wouldn't try to help me because that is all I asked for.” July 2, 2011.

13. “I know that she is seeing the bartender from karma and that is said because she was seeing him before we broke up.” July 2, 2011.

14. “She used it to have me put where she did and all I asked for is honesty. I, you and she know the truth and she should tell ron.” July 2, 2011.

15. “Last chance go reply.” July 5, 2011.

16. “;)-no other chance than today!” July 5, 2011.

17. “Sorry but its true.” July 5, 2011.

18. “Done did done. I told you its her and you I would sent it to her family!” July 5, 2011.

19. “It is sad that she let it get to this without talking things out. Her family gets the video by Wednesday. She still can call n work things out.” July 5, 2011.

20. “I need to talk.” July 6, 2011.

21. “She needs to call me tonight.” July 6, 2011

22. “So are you going to have her call me? I am sure that she shouldn't be that hard to get a hold of to ask, right?” July 8, 2011.

[175 Wash.App. 921]23. “I guess the question should be renton or seatac?” July 8, 2011.

24. “I thought I asked her to call and I am still waiting. I really don't want to have to go to the next step. I am trying to be nice n make things right.” July 9, 2011.

25. “She should call me tonight. Like now.” July 10, 2011.

The report did not identify the sender's identity, as it did with other text messages from Smith's known contacts. After the police produced the examination report,...