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COA tackles 2 issues of first impression

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The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.

Matthew Pavlovich appealed his convictions of Class D felony child solicitation and Class A misdemeanor patronizing a prostitute. The charges stem from his interactions with S.Y. and her now-husband and “pimp,” Bradford Pugh. Pavlovich communicated with S.Y. through the email “golfnutmi” and a cell phone with the last four digits 2662.

When he met with S.Y. to have sex with her, S.Y. mentioned she had a 9-year-old sister, P.Y. Pavlovich suggested S.Y. and P.Y. perform sex acts on each other. S.Y. and Pugh went to police with the texts and emails Pavlovich sent regarding P.Y. He was eventually charged and convicted based on those communications.

His appeal, Matthew Pavlovich v. State of Indiana, 49A02-1308-CR-715, brings up two issues of first impression. The first is the admissibility of text or email messages where there is a complete lack of technological or documentary evidence linking a party to a particular cell number or email address. The phone Pavlovich used is registered under a different name to an address in the middle of the highway. There is also no evidence connecting Pavlovich to the email address except for when he gave it to S.Y.

The appellate court ruled the circumstantial evidence is sufficient to authenticate the texts and emails as being authorized by Pavlovich, so they were properly introduced into evidence and authenticated as being written by him. S.Y. testified that Pavlovich was the man who hired her and had sex with her on the date, she recognized his voice and that they communicated through that number and email.

Pavlovich was entitled to – and did – argue that there was insufficient evidence that he wrote the messages, but the trial court did not abuse its discretion in admitting them into evidence.

The case also presents for the first time the question of whether it is a crime under Ind. Code 35-42-4-6(b), the statute governing child solicitation, for a person to direct communications to an intermediary who the person believes is passing the communications on to the child or is acting on behalf of the child.

“Certainly communicating through an intermediary, as was done here, satisfies the ‘any other means’ method of child solicitation,” Judge Elaine Brown wrote in the majority opinion.

The majority affirmed his convictions.

Judge Michael Barnes dissented on this issue, disagreeing that Pavlovich completed the act of child solicitation under the circumstances of this case. He pointed out that he never directly communicated with P.Y., instead, urged S.Y. to urge P.Y. to engage in a sex act with her, but S.Y. never did so. As such, no illicit communications ever reached a child under 14 years old or a person pretending to be a child, so the child solicitation conviction must be reversed.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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