Parks v. State

2022 Ark. App. 437

655 S.W.3d 98

Travis PARKS, Appellant

v.STATE of Arkansas, Appellee

No. CR-21-576

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered November 2, 2022

Lisa-Marie Norris, for appellant.

Leslie Rutledge, Att'y Gen., by: Brooke Jackson Gasaway, Ass't Att'y Gen., for appellee.

BART F. VIRDEN, Judge

Travis Parks appeals his conviction by a Polk County Circuit Court jury of internet stalking of a child in violation of Ark. Code Ann. § 5-27-306(a)(2) (Supp. 2021), and computer child pornography in violation of Ark. Code Ann. § 5-27-603(a) (Repl. 2013). We affirm.

I. Relevant Facts

On December 23, 2019, the State filed a criminal information alleging that Parks committed internet stalking of a child and computer child pornography. On October 9, 2020, Parks filed a motion to suppress evidence, asserting that he anticipated the State would offer evidence of his communications regarding satanic activities or satanic sex rituals and his profile picture on the social media app MeetMe, which depicted a satanic figure. Parks asserted that the evidence was not essential to prove an element of the crimes charged, and it was more prejudicial than probative and inadmissible under Ark. R. Evid. 403. Additionally, Parks filed an amended motion to suppress statements he made and physical evidence seized pursuant to an investigatory traffic stop. Parks asserted that during the illegal stop, he was detained, placed in handcuffs, and questioned without having been informed of his Miranda rights, and the statements he made during this time should be suppressed. Parks contended that the iPhone found during the vehicle search subsequent to his arrest (including photographs of the iPhone as well as messages or photographs of messages appearing on the phone) and the condoms found in the pat-down search conducted later were seized pursuant to an illegal stop; thus, the evidence collected was the fruit of the poisonous tree.

At the motion hearing, Officer Jacob Cain, formerly with the Mena Police Department, testified that pursuant to an undercover investigation, he created a false account on the social media/dating website app MeetMe. Officer Cain's false profile was that of an eighteen-year-old girl named "Amber," and he posted photos of a fifteen-year-old-girl to the account.¹ On December 21, a person claiming to be a twenty-seven-year-old man named "Baph" contacted Amber through MeetMe, and they began a conversation. Baph's profile photo was that of a red-skinned, goat-headed person in front of a red background. Officer Cain testified that, as Amber, he informed Baph that he was fourteen years old—not eighteen as his profile indicated. During their conversation, Baph stated that he was looking for "fun and willing girls to participate in certain satanic activities" and sex rituals. Baph requested that Amber send him nude photographs, which Amber refused to do. Amber requested that Baph use condoms during their sexual encounter, which Baph explained would be difficult due to his large size. Eventually, Amber agreed to meet with Baph to engage in sexual activity. Baph suggested they meet at the Dollar General in Mena near Amber's fictional home address, and they set the meeting time for 2:00 a.m. Baphstated that he would be driving a small white car and messaged Amber several times along his route to Mena. At 2:00 a.m., Officer Cain received a message from Baph that he had arrived at Dollar General. Within moments, Officer Cain (who was parked across the street in an empty parking lot) saw a small white car enter and drive slowly through the Dollar General parking lot. There were no other cars around. Officer Cain testified that he turned on his blue lights and conducted a stop. He told Parks to exit the car and put his hands on the back of the car. The dash-cam video played during the hearing showed Officer Cain telling Parks to exit the car and put his hands on the back of the car. Parks was handcuffed, and Officer Cain asked, "What are you doing, man? What are you doing down here?" Parks answered that he was "just driving around," and the following exchange occurred:

OFFICE CAIN : Where you comin’ from?

MR. PARKS : Alma.

OFFICER CAIN : Alma?

MR. PARKS : Uh-huh.

OFFICER CAIN : Okay. What's your name?

MR. PARKS : Travis.

OFFICER CAIN : Travis?

MR. PARKS : Parks.

OFFICER CAIN : Travis Parks. Okay. Allright. Just driving around, huh?

MR. PARKS : Yes, sir.

OFFICER CAIN : That's your story?

MR. PARKS : Well, I was supposed to meet a girl.

OFFICER CAIN : What's her name?

MR. PARKS : Uh, Ashley or Amber, something like that.

OFFICER CAIN : Okay. All right. How old is Amber?

MR. PARKS : Eighteen.

OFFICER CAIN : Okay. All right. Alrighty. You're under arrest for internet stalking of a child.

MR. PARKS : She's eighteen on the Meet Me.

OFFICER CAIN : Okay. We'll talk about it.

Office Cain testified that he conducted a pat-down search of Parks and retrieved a mostly full bottle of alcohol. During the search of Parks's car, Officer Cain found and took photographs of a cell phone. Later, during a pat-down search at the police station, Officer Cain found two Trojan Magnum condoms in Parks's pocket. Officer Cain testified that at the police station, he read Parks his Miranda warning and interviewed him. At 3:56 a.m. Officer Cain questioned Parks about his references to satanic acts, rituals, and his profile picture that depicted a goat-headed, red-skinned figure. Parks stated that the Baph profile was his and that he had messaged Amber as Baph.

In closing, counsel argued that Officer Cain did not have reasonable suspicion to conduct a stop of Parks's vehicle. Moreover, counsel asserted, Parks's answers to Officer Cain's "roadside questions" were the fruit of the poisonous tree because Parks was detained and questioned without receiving a Miranda warning. Counsel argued that Parks's second Mirandized statement was tainted by the first statement because Office Cain employed a tactic of gaining a confession without a Miranda warning, then after Mirandizing the suspect, getting the suspect to repeat the confession. Counsel explained that this was a form of coercion in which the suspect does not feel like he has any other option but to repeat his earlier statement. Regarding the "satanic issue," counsel argued that any evidence of satanic activity or association should be suppressed because it was not necessary to prove any element of the crime; thus, it was irrelevant, highly prejudicial, and inadmissible.

The State responded that because Parks identified himself as Baph, evidence regarding satanic activity was relevant to prove Parks's identity. The State asserted that when Officer Cain showed Parks the profile photo of Baph and asked what it meant, Parks explained that it depicted Baphomet, a satanic figure, which proved that the person Cain was chatting with was Parks. Accordingly, references to Baph and other satanic activity were highly relevant for proving identity.

The court granted the motion to suppress in part and denied it in part. Specifically, the court suppressed the evidence of the alcoholic beverage seized after the stop and all statements Parks made before he was Mirandized. The court denied the motion to suppress as to the iPhone and the condoms. The court determined that Officer Cain had reasonable and articulable grounds to conduct the investigative stop of Parks's vehicle, and the testimony and exhibits depicting satanic activities and sex rituals were relevant to prove Parks's state of mind, intent, plan, preparation, and opportunity to solicit and identity as Baph.

At the trial, the following evidence was adduced. As a part of an undercover investigation, Officer Cain created a false profile on MeetMe for Amber, an eighteen-year-old girl. Around 12:00 p.m. on December 21, Baph, whose profile photo was that of a "satanic goat figure," messaged Amber. Amber immediately told Baph that her real age was fourteen, not eighteen, and Baph told her that he was "look[ing] for fun and willing girls to participate in certain satanic activities" and that he was interested in "satanic sexual rituals." Baph requested nude photos, which Amber refused to send. They discussed having sex in various ways, and Amber requested that Baph use condoms to prevent pregnancy. Baph informed Amber that he would be driving a small white car, and it would take about an hour and a half for him to get to the agreed meeting place, the Dollar General in Mena. They agreed to meet at 2:00 a.m. that morning. Baph messaged Amber several times along his journey to Mena, and at 2:00 a.m. he sent her a message that he had arrived at Dollar General. At that time, Officer Cain, who was parked across the street, saw a small white car enter the parking lot of Dollar General. The car circled the lot, and about a minute later, Officer Cain stopped the vehicle. Officer Cain arrested Baph who was later identified as Parks, and he seized a cell phone that displayed a message from Amber. During a pat-down search at the station, Officer Cain found two condoms in Parks's pocket.

Parks testified in his defense. He explained that he used the MeetMe app to contact Amber whom he believed to be eighteen years old. Parks testified that the screenshotted messages between them in evidence, including references to satanic activity and requesting nude photographs, were accurate; however, he explained that he did not practice Satanism, and no satanic paraphernalia was found in his car when he was arrested. He testified that he only referred to satanic activity to get the attention of other app users. Parks stated that as he was on his way to Dollar General, he messaged Amber to inform her of his progress. Parks recalled that he was approximately one minute away from Dollar General when he sent the message that he was there, and he entered the parking lot shortly after the message was sent. He stated that if he had seen anyone in the parking lot, he would have "done the same thing...