Dirickson v. State

291 S.W.3d 198, 104 Ark. App. 273, 2009 Ark. App. LEXIS 469
CourtCourt of Appeals of Arkansas
DecidedJanuary 28, 2009
DocketCACR 08-173
StatusPublished
Cited by12 cases

This text of 291 S.W.3d 198 (Dirickson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dirickson v. State, 291 S.W.3d 198, 104 Ark. App. 273, 2009 Ark. App. LEXIS 469 (Ark. Ct. App. 2009).

Opinion

LARRY D. VAUGHT, Chief Judge.

Appellant Casey Lee Dirickson was found guilty by a Grant County Circuit Court jury of two counts of internet stalking of a child and received a sentence of fifteen years’ imprisonment. On appeal, he contends that the trial court abused its discretion in admitting into evidence the computer printouts of Dirickson’s internet conversations with an alleged fourteen year old. We affirm.

On January 26, 2007, Sheridan Police Department Officer David Holland, posing as fourteen-year-old Cheryl Kidd, entered an internet chat room. Officer Holland was directly contacted by Dirickson, who initiated the conversation by asking Cheiyl her age, sex, and location. Cheryl responded that she was a fourteen-year-old female from central Arkansas. Dirickson said that he was twenty-six years old and that he worked as a correctional officer at a prison. He asked for Cheryl’s address, and she told him that she lived behind Wal-Mart at “67 Village Lane.”

Dirickson and Cheryl chatted again on January 30, 2007. They discussed having sex and agreed to meet at the Wal-Mart near Cheryl’s home. Officer Holland, while conducting surveillance at Wal-Mart, observed a man near the entrance of the store matching Dirickson’s description. The officer watched Dirickson leave the store in a vehicle. Officer Holland confirmed that the vehicle was owned by Dirickson and that he worked for the Department of Correction. When Dirickson entered into the subdivision where Cheryl supposedly lived, he was stopped and arrested.

At the police station, Dirickson voluntarily gave a videotaped statement to Lieutenant Brent Cole of the Sheridan Police Department. Dirickson began the statement by saying, “I know I’m guilty.” He added:

I was just playing around online. I ' started talking to whoever it was said they was 14. And one thing led to another. I tried to keep my mind out of it, but the longer I thought about it the more I thought I’d like to take shot. You know?

At the omnibus hearing, counsel for Dir-ickson requested that she and her expert be permitted to examine the hard drive of the computer that Officer Holland used to converse with Dirickson to authenticate the transcripts of the conversations that the State sought to offer into evidence at trial. The State agreed to make the computer hard drive available to Dirickson for a supervised inspection. However, prior to Dirickson’s inspection of the hard drive, the State advised counsel for Dirickson that the hard drive had been destroyed by a virus. In response, Dirickson moved to dismiss the case, or in the alternative to suppress the transcripts, arguing that because they could no longer be authenticated, they were not the best evidence. The trial court reserved ruling on the issue until trial.

At trial, Officer Holland and Lieutenant Cole gave the above testimony. Officer Holland added that he used software to save his internet conversations to the hard drive so that they could be retrieved at a later date. He further stated that he printed out his conversations with Dirick-son from the archive immediately after they occurred. The State also presented the testimony of Charles Simpson, an expert in the field of computer software, equipment, servers, and networks. Simpson, who never inspected the hard drive in question, testified that generally, chat-room conversations can be saved u sing programs that “archive” the information into a data base on the hard drive. He said that once information is archived on the hard drive, the file is locked and cannot be changed, deleted, or manipulated. Conversations can only be accessed by printing them out, and the printout will be verbatim from the archive.

Based on this evidence, the jury convicted Dirickson of two counts of internet stalking of a child. Dirickson does not challenge the sufficiency of the evidence on appeal. Rather, he contends that the trial court abused its discretion in admitting into evidence the printouts of Dirickson’s internet conversations with Officer Holland. Within this point, Dirickson argues that the admission of the printouts violated (1) the best-evidence rule; (2) the hearsay rule; and (3) his right to confront the evidence.

Trial courts have broad discretion in evidentiary rulings, and a trial court’s ruling on the admissibility of evidence will not be reversed absent an abuse of discretion. Eastin v. State, 370 Ark. 10, 257 S.W.3d 58 (2007). Likewise, we will not reverse absent a showing of prejudice. McCoy v. State, 354 Ark. 322, 123 S.W.3d 901 (2003). The first argument made by Dirickson is that the trial court violated the best-evidence rule when it admitted the printouts of his internet conversations with Officer Holland because they are not the best evidence. According to Dirickson, the computer hard drive is the best evidence. We disagree.

The best-evidence rule, Rule 1002 of the Arkansas Rules of Evidence, provides: “[t]o prove the content of a writing, ... the original writing ... is required, except as otherwise provided in these rules or by [rules adopted by the Supreme Court of this state or by] statute.” Ark. R. Evid. 1002 Rule 1001(3) defines an “original” in the context of computers: “If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an ‘original.’ ” Ark. R. Evid. 1001(3).

Based on Rule 1001(3), the printouts of the internet conversations from the hard drive of the Sheridan Police Department computer fall within the definition of an “original”; therefore, they are the best evidence under Rule 1002. See Bobo v. State, 102 Ark.App. 329, 285 S.W.3d 270 (2008) (affirming trial court’s admission of computer printouts — from computers other than those that generated the conversations — of emails in sexual-assault cases under best-evidence rule). As such, we hold that in the case at bar, the trial court did not abuse its discretion in admitting the computer printouts into evidence.

Even if we held that the printouts are not “originals” under Rule 1001(3), but rather the hard drive is the original, the printouts of the conversations remain admissible under Rules 1003 and 1004 of the Arkansas Rules of Evidence. Rule 1004 states: “The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: ... [a]ll originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith.” Ark. R. Evid. 1004(1). Here, the evidence reflects that the hard drive was destroyed by a computer virus. There is no evidence, nor has it been alleged, that the police or the State destroyed the hard drive. As such, the hard drive is not required under Rule 1004.

The next question is whether the printouts are admissible as duplicates under Arkansas Rule of Evidence 1003, which provides:

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity or continuing effectiveness of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

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Bluebook (online)
291 S.W.3d 198, 104 Ark. App. 273, 2009 Ark. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dirickson-v-state-arkctapp-2009.