United States v. Robert Poandl

612 F. App'x 356
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 16, 2015
Docket14-3143
StatusUnpublished
Cited by3 cases

This text of 612 F. App'x 356 (United States v. Robert Poandl) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Robert Poandl, 612 F. App'x 356 (6th Cir. 2015).

Opinions

ALICE M. BATCHELDER, Circuit Judge.

In 2013, a federal jury found Father Robert Poandl, a Catholic priest, guilty as charged of transporting a minor in interstate commerce with the intent to engage in sexual activity with him. The charge had stemmed from a trip allegedly taken on August 3, 1991, in which Poandl transported David Harper, then ten years old, from Ohio to West Virginia, where Poandl raped the boy. Poandl now appeals his conviction, claiming numerous errors in his trial.' Finding no error, we AFFIRM.

I.

In 2012, a federal grand jury indicted Poandl for one count of knowingly transporting an individual under the age of eighteen in interstate commerce with the intent that such individual engage in any sexual activity for which any person can be charged with a criminal offense, in violation of 18 U.S.C. § 2423. Many witnesses testified during a four-day trial held before the federal district court. Their testimony is summarized here.

Lauren Cope, David Harper’s fiancée, testified that she became aware of the sexual abuse in 2009 when she mentioned to him that she wanted their wedding to take place in a Catholic church. Harper became agitated, and terminated his relationship with Cope the next day. The day after that, Harper called Cope to explain why he had broken up with her. She convinced him to tell his parents about the abuse, and the couple eventually reunited.

[358]*358Barbara Harper, David Harper’s mother, testified that she and her husband, Mike, moved to Cincinnati in 1988 with their four children: Chris, Joe, David, and Amanda. Devout Catholics, she and Mike became involved in Marriage Encounters, a weekend retreat program designed to strengthen marriages. Each Marriage Encounters group featured three couples and a priest. Poandl was the priest for the Harpers’s Marriage Encounters group.

In November 1990, Mike Harper lost his job. Because of this, during the spring and summer of 1991, Poandl came to their house frequently, often unannounced. When he came, he would often bring food, and once he gave the couple money to pay bills.

Although she could not i*emember the “exact date,” Barbara believed that sometime “around August” of 1991, Poandl came by the house and told her that he had to cover a mass in West Virginia. She testified that Poandl arrived at her house before dinner, probably around 4:30 or 5:00 in the afternoon. Poandl asked Barbara if one of her sons could accompany him on the trip to keep him company and to help him stay awake at the wheel. She asked David, then ten years old, if he would be willing to go, and he initially refused. Barbara responded, “Father Bob has been so good to us, you know. Please go with him.” Barbara packed David an overnight bag and watched as Poandl and her son left. She testified that they left in a blue-gray sedan.

When David returned the next morning, Barbara noticed that he did not look well. She asked him if he was all right, to which David replied that he felt sick because Poandl had given him cornflakes with lemonade for breakfast. He asked if he ever had to go anywhere with Poandl again; Barbara answered that he did not. He then ran upstairs, clearly upset. Weeks later, Poandl came by the house and told Barbara that he would not be visiting the Harpers’s house anymore because none of her sons, showed promise to be priests. It is uncontested that Marriage Encounters is not a recruitment program for priests.

After the summer of 1991, Barbara noticed that David had begun to change. He would frequently have nightmares, and he began to associate with individuals who were significant troublemakers. It was not until June 6, 2009, however, that David finally told his mother what had happened in the summer of 1991.

During the cross-examination of Barbara, defense counsel attempted to elicit two pieces of information, using various issues of Share magazine, a monthly publication for the Marriage Encounters groups in that geographic area. First, he attempted to show that the Harpers maintained a relationship with Poandl even after he allegedly cut off ties with them in the summer of 1991. In May 1993, Barbara had written a letter that was published in Share magazine that expressed sadness at the transfer of “Father Bob” out of the Cincinnati area, saying that the community would miss “his presence on weekends and in our homes ancl our community.”

Second, defense counsel attempted to prove that Poandl could not have begun a journey to West Virginia in the afternoon of August 3, 1991, as Barbara Harper had testified, because Poandl had given a speech in Cincinnati on the evening of that day. As evidence of this contention, defense counsel introduced a May 1991 copy of Share magazine that announced a Community Night event scheduled for August 3, 1991, starting at 7:30 p.m., at St. William’s Church, in Cincinnati, at which Poandl would discuss his trip to the Holy Land. To counter the government’s attempt to show that the event might have [359]*359actually taken place on a different date, Poandl also introduced the August 1991 issue of Share which contained two letters of note. One was a letter in Barbara Harper’s handwriting, dated “August 14, 1991,” on an unrelated matter. The other was dated “August 1991” and was Barbara Harper’s thanks to Poandl for taking time out of his busy schedule to make a presentation on August 3. That letter said, “We and other couples present enjoyed hearing your stories from your travels to the Holy Land earlier this year.” Harper testified, however, that Share was a homemade production and not always accurate: these Community Nights were often cancelled and the dates were often changed, so if a letter stating a definite date were submitted prior to an event, the letter might not be accurate. And Harper testified as well that she had no recollection of attending that particular Community Night event.

Paul Fredette, the priest at Holy Redeemer Church in Spencer, West Virginia, from August 1988 to August 1992, testified that he had asked Poandl to cover a mass for him. He pinpointed the date of Poandl’s coverage as August 4, 1991, because he checked the journal of his now-wife, who was secretary of the parish at the time, and saw that Poandl had led mass that day.

Karen Fredette, secretary of the Holy Redeemer Church in August 1991, testified that Poandl had covered for Father Paul Fredette only once, and it was on August 4, 1991. She remembered meeting with Poandl the morning of August 4, at which point Poandl stated that he was tired because he had only arrived in town at 3 a.m. She remembered noticing a boy sitting alone in the nave of the church who looked “tired or even sad.” Poandl asked the boy to stand up during the service so the parish could thank the boy for traveling with Poandl during the night to keep him awake. When shown a picture of David Harper from 1991, she testified that he “certainly resembles the child I saw that Sunday.” On cross examination, however, she admitted that she had not been able to describe the boy she had seen that Sunday when interviewed by the police in 2009.

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Bluebook (online)
612 F. App'x 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-poandl-ca6-2015.