United States v. Jeffrey Parkhurst

865 F.3d 509, 2017 WL 3141058, 2017 U.S. App. LEXIS 13450
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 25, 2017
Docket16-3102
StatusPublished
Cited by45 cases

This text of 865 F.3d 509 (United States v. Jeffrey Parkhurst) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jeffrey Parkhurst, 865 F.3d 509, 2017 WL 3141058, 2017 U.S. App. LEXIS 13450 (7th Cir. 2017).

Opinions

FLAUM, Circuit Judge.

Jeffrey Parkhurst was convicted at trial of attempting to entice a minor to engage in sexual activity and was sentenced to one hundred thirty-two months’ imprisonment. On appeal, Parkhurst challenges his conviction and sentence. We affirm both.

I. Background

From January . to July 2015, Jeffrey Parkhurst posted a series of internet advertisements on Craigslist’s “casual encounters” section. On July 20, for example, Parkhurst posted the following ad:

Gentleman Lookin For Young Son— m4m1 (springfield)
Tryin to find a very young white boy in order to spend some quality time together... .he would be a little fella . kinda thin built. not too tall. clean kept. little to no body hair . average to good looking . (easy on the eyes lol) a little white guy who is friendly and fun to be around.. .sense of humor helps.. .18 or slightly older (younger the better). . .must like to have a good time(not just sensual speaking).. .prefer you to be a virgin . as far as guys are concerned . as I am myself one.. .like to do many different things that are fun .... must enjoy being close . being touched . massaged . rubbed all over with warming oil in a dim lit room and made to feel very erotic and sexy... .nothing ever forced on you...goal is only to make you feel so good you will not want it to end ... .ever lol... .we can try about anything you have ever wondered about...you only need to ask!... Me ?... just an older discrete white guy that’s your age at heart and built like a teenager who just needs a discrete little friend to spend good times with.. .a reply only cost ya a little time and may be the best thing you have done in a long time....be safe...be cool...be happy!!! Not looking for older guys so don’t waste your time or mine . thank you!

(ellipses in original).2

One week later, Decatur Police Detective Todd Koester discovered Parkhurst’s advertisement and responded using an undercover persona of 15-year-old “Kacy Lillard.” Kacy (Detective Koester) and Parkhurst then exchanged text and email messages for the next eight and a half hours:

• Kacy initiated the interaction, stating, “just wanted to say hi. im probably to[o] young but i am 15 and liek to hang out.”3 Parkhurst responded, “You are only too young if you can’t keep a secret lol. Hi buddy :)”
• Parkhurst stated that he “[w]ould love to give [Kacy] an erotic sensual massage covering every inch of [his] body in a candle lit room with a warming massage oil and supplies to do whatever [he] want[ed] to try.”
• Parkhurst asked Kacy whether he was “cut or uncut .... referring to [Kacy’s] penis.” Upon learning that [513]*513Kacy was “cut,” Parkhurst stated, “Really glad ur cut, so am I.”
• Parkhurst proposed that he and Kacy “experiment and explore together and only try what both of [them] want[ed] to try.”
• Parkhurst expressed that he “[m]ay like to try and suck [Kacy].”
• In response to Kacy’s question, “U think any of its gonna hurt?,” Park-hurst answered, “I’ve been studying up on the subject so I know what to do to prepare you so it won’t hurt ! And I would not hurt you for the world buddy... .1 will be extra careful buddy cause I want both of us to want to do this over and over and not just a one time deal lol.”

Eventually, Parkhurst and Kacy agreed to meet that night. Parkhurst planned to pick Kacy up at his Decatur apartment (where Detective Koester and other officers would be stationed) at 11:30 pm after Kacy’s mother left for work. Parkhurst would take Kacy to a truck stop for dinner, to Parkhurst’s Springfield home for the night, and back to Decatur by 7:30 am the next morning before his mother returned. Kacy messaged that he would need to shower and pack a bag for the night, and Parkhurst responded, “Cool make sure ya clean ur self extra good all over lol and i’ll know if ya do later.” While traveling to Decatur, Parkhurst offered to purchase Kacy some candy, and stated, “[J]ust gotta promise not to eat them all on the way back here lol.” Kacy asked, “Lol I won’t. Y not?,” and Parkhurst responded, “Not my kinda candy! It’s all yours buddy... .I’m pretty much gonna spoil you anyway so get used to it ok ?”

At about 11:30 pm, Parkhurst arrived at the Decatur address Detective Koester had provided, and the police promptly arrested and interviewed him. Detective Koester asked how old Parkhurst had believed Kacy was, and Parkhurst answered, “I assumed I was—well, at one point you said you were sixteen. So I assumed I was talking to a fifteen or sixteen year old.” Parkhurst added, however,' that he had believed Kacy may have been lying about his age given the multiple reported ages. Parkhurst acknowledged that he had implicitly referenced oral sex in his conversation with Kacy, and when asked whether someone reviewing Parkhurst’s exchanges with Kacy could reasonably conclude that Parkhurst had intended to engage in sexual activity, Parkhurst responded, “Probably.”

In a one-count indictment, the government charged Parkhurst with attempting to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). After a trial, a jury found Parkhurst guilty, and the district court sentenced him to one hundred thirty-two months’ imprisonment and fifteen years of supervised release. This appeal followed.

II. Discussion

Parkhurst appeals both his conviction and his sentence. He requests a new trial by challenging the admission of parts of Detective Koester’s testimony and the government’s use of certain emails during cross-examination and in closing arguments. Parkhurst seeks resentencing based on the trial court’s use of an obstruction enhancement. We review for an abuse of discretion the district court’s evidentiary rulings, United States v. Williams, 272 F.3d 845, 856 (7th Cir. 2001) (citation omitted), and sentence-enhancement decisions, United States v. Vasquez-Hernandez, 834 F.3d 852, 854 (7th Cir. 2016).

A. Detective Koester’s Testimony

Detective Koester served at trial as a dual fact-expert witness, discussing both [514]*514his interactions (as Kacy) with Parkhurst and his experience involving internet crimes against children. Parkhurst challenges as unreliable two particular portions of Detective Koester’s testimony: his understanding of Parkhurst’s (1) “candy” comments, and (2) July 20 Craigslist ad. Lastly, Parkhurst contends that Detective Koester’s dual fact-expert witness role confused the jury. We consider each argument in turn.

1. “Candy” Conversation

Parkhurst first challenges the admissibility of Detective Koester’s testimony regarding a candy-related conversation he had (as Kacy) with Parkhurst. During direct examination, Detective Koester described his understanding of the conversation:

Q: Okay. And then the rest of that portion of the conversation talks about your preference of candy, hard or chewy, et cetera.

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Bluebook (online)
865 F.3d 509, 2017 WL 3141058, 2017 U.S. App. LEXIS 13450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffrey-parkhurst-ca7-2017.