State v. Coonrod
| Decision Date | 05 November 2002 |
| Docket Number | No. CX-01-2062.,CX-01-2062. |
| Citation | 652 N.W.2d 715 |
| Parties | STATE of Minnesota, Respondent, v. Paul Nelson COONROD, Appellant. |
| Court | Minnesota Court of Appeals |
Mike Hatch, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN, for respondent.
John M. Stuart, State Public Defender, Michael F. Cromett, Assistant State Public Defender, Minneapolis, MN, for appellant.
Considered and decided by RANDALL, Presiding Judge, LANSING, Judge, and HARTEN, Judge.
Appellant Paul Coonrod appeals his conviction of soliciting a child to engage in sexual conduct, arguing that the trial court abused its discretion in admitting evidence of prior bad acts and in instructing the jury on the elements of the offense. He also argues that the evidence did not establish that his conduct violated the statute. Because we conclude that the trial court abused its discretion in admitting evidence of prior bad acts, we reverse and remand.
Appellant Paul Coonrod was charged with soliciting a child to engage in sexual conduct following an Internet child-exploitation sting operation that caught Coonrod communicating in a chat room with "Jaime14," a fictitious persona created by a U.S. postal inspector. After Coonrod had sent a number of sexually explicit email messages to "Jaime14," police arranged a face-to-face meeting, using an adult female undercover officer. When Coonrod appeared at the arranged meeting site and approached the officer, he was arrested. Ron Miller, the U.S. postal inspector, testified that he was working with a task force targeting the exploitation of children on the Internet, the Internet Crimes Against Children Task Force. Miller testified that he would typically enter an Internet chat room while assuming the identity of a child. Miller testified that on August 3, 2000, he entered MSN Chat, a Microsoft chat room that Miller testified was not limited to adults. Using the name "Jaime14," Miller participated in the chat session and soon received a "whisper" (private communication from another chat room participant) from a "Mnpablito," who turned out to be appellant Coonrod.
Miller testified that "Mnpablito" inquired: "Just 14 and fun?" Coonrod emailed a photograph of himself, and Miller responded with a photograph of a female undercover officer taken when she was approximately 14 years old. Miller testified that Coonrod raised the possibility of "Jaime14" visiting his apartment, where they could have sex. Miller, participating under the name "Jaime14," ended the chat room exchange when Coonrod suggested meeting.
Miller testified the e-mail relationship lasted for a month and a half. During this relationship, Coonrod gave "Jaime14" his phone number, sent two more pictures of himself, and then set up a face-to-face meeting for August 18. Although police posted the undercover officer at the arranged meeting site, Coonrod did not appear for the meeting. Miller testified that Coonrod later explained that the meeting place was too close to a police station. Coonrod and the undercover people set a second meeting for September 20. It did take place.
Following Miller's testimony, there was a discussion on possible Spreigl evidence held outside the presence of the jury. The evidence consisted of six or seven file folders found in a search of Coonrod's computer that were labeled with female names. One of these folders was for J.L., a fifteen-year-old whom Coonrod asked to go out with him. The prosecutor moved to admit this evidence, while conceding that she had not provided a formal Spreigl notice to the defense.
The trial court ruled that without the required rule 7.02 notice, the evidence would not be admissible as Spreigl evidence. The court, however, ruled that because there was no challenge to the police search of Coonrod's computer, the police officer could testify to what was found on it "whether or not it is relevant." The court did state it would not admit any testimony from J.L.
Officer Shannon Sills, the undercover officer who played the role of "Jaime14" in the arranged meetings, testified that she had provided a photograph of herself, taken when she was 14 or 15, for use in the Internet operation. Sills testified that she dressed in a "half shirt" and carried a backpack when she went to the arranged site of the September 20 meeting. Officer Sills testified that Coonrod stopped his truck, left the vehicle, waved to her, and then walked toward her, asking as he approached whether she was "Jaime." Sills testified that Coonrod asked about her hair, which had been had cut shorter than in the photograph, and touched her arm, "like we were going to go to [his] car," before police moved in to arrest him. Sills testified that she was 29 years old when this meeting occurred.
Sergeant Brooke Schaub testified that he found about seven file folders on Coonrod's computer "that were associated with female names." Although Schaub testified it was difficult to tell the ages of the females shown in the pictures, he estimated they were aged "16 to 23." In one file folder labeled "Jackie's pics, or Jackie's web page," Schaub testified he found several pictures of teen-age girls, including one wearing a hockey uniform. Schaub testified that he discovered that someone using Coonrod's e-mail address had left a posting on Jackie's web site, asking her out and leaving Coonrod's phone number. Schaub testified that the web page indicated that Jackie was 15 years old.
On cross-examination, Sergeant Schaub conceded that it would not be illegal generally for an adult to talk about sex with a 16-year-old. He testified that there was evidence on Coonrod's computer that he had done a lot of scanning of personal ads. On re-direct, Schaub testified that there were also a number of "banner ads" for teen chat rooms on Coonrod's computer, indicating Coonrod had an interest in teens.
Coonrod testified that he liked to "goof around" on computers and that he was familiar with chat rooms, which he described as "free-for-alls" where you could not believe anything you read. Coonrod testified that the MSN Chat room where he communicated with "Jaime14" screened people for age, although he admitted that minors could get in by misrepresenting their age or the consent of their parents.
Coonrod testified that he did not think "Jaime14" was actually 14 years old and that the picture he received of her was too small to tell her age. Coonrod also testified that when "Jaime14" called him, it was on his cell phone, while he was in his car, and he did not think he was talking to a 14-year-old. He testified that at their arranged meeting he would have driven away if he had seen a 14-year-old girl. Coonrod testified, in fact, that he had arranged to meet one female at the Mall of America, but walked away when he saw from a distance that she appeared to be 13 or 14 years old.
On cross-examination, Coonrod admitted that he had put in his "whisper" to "Jaime14," "Just 14 and fun?" before "Jaime14" had told him her age. He also admitted that he had disclosed to "Jaime14" a lot of accurate information about himself. Coonrod admitted that he had sent many e-mails to "Jaime14" that were sexual in nature despite having no information indicating she was any age other than 14. When asked about the computer search showing "pictures of young girls in your computer," Coonrod admitted only that he had "pictures of women" on his computer.
The jury found Coonrod guilty as charged. The presumptive sentence was one year and one day stayed. The trial court departed dispositionally, executed the year-and-a-day sentence, and Coonrod went to prison. This appeal follows.
Coonrod argues that the trial court abused its discretion in admitting evidence that he had created files on his computer for juvenile females whom he had contacted. Coonrod argues that this was Spreigl evidence that should not have been admitted without pretrial notice, which the prosecutor admitted she did not provide. We agree.
A defendant's past acts need not be criminal convictions for the limitations on the use of Spreigl evidence to apply. See Minn. R. Evid. 404(b) (); State v. Orfi, 511 N.W.2d 464, 470-71 (Minn.App.1994) (),review denied (Minn. Mar. 15, 1994). The evidence that Coonrod had communicated by electronic means with teen-age girls and had asked one out on a date easily had the potential to prejudice the defense by suggesting to the jury that he acted in conformity with that conduct in contacting "Jaime14."
The state must provide the defense with written pretrial notice of any evidence of other crimes or bad acts that it intends to present at trial (with some narrow exceptions not applicable here). Minn. R.Crim. P. 7.02; State v. Bolte, 530 N.W.2d 191, 196-97 (Minn.1995). The state provided no notice of any intent to present evidence of the computer file folders, or any other Spreigl evidence. The state did disclose as a possible witness J.L., the subject of one of the computer file folders, but did not identify her as a Spreigl witness. Although defense counsel admitted receiving police reports referring to the computer file folders, the complaint merely mentioned the search of Coonrod's computer, without reciting any evidence found in that search to indicate the state might be using it to prove the offense. Thus, we cannot conclude that there was substantial compliance with the notice...
To continue reading
Request your trial