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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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