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Ford v. State

The trial court did not err in admitting the transcript of an on-line chat between the defendant and a sergeant, who posed as a 14-year-old girl, since admission of the transcript was analogous to the admission of a videotape and the sergeant testified that the transcript accurately represented the on-line conversation.

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A jury found Jason Ford guilty of pimping, contributing to the delinquency of a minor, and sexual exploitation of a minor. On appeal, Ford contends that the trial court erred in admitting certain similar transaction evidence, in engaging in certain “ex parte” communications with jurors, and in overruling his Bruton objection. Ford also argues that the trial court erred in failing to grant a mistrial after the prosecutor engaged in improper closing argument. Finally, Ford asserts that he received ineffective assistance of counsel. For reasons that follow, we disagree and affirm. Viewed in a light most favorable to the verdict, the evidence shows that Ford met 16-year-old C. W. in June or July 2002 through her friend, N. N. Thereafter, C. W. and N. N. went to Ford’s apartment, where the two girls, Ford, his roommate, and Jon and Sylvie Wubbena sat in a hot tub. While in the hot tub, Sylvie Wubbena asked the girls how old they were and learned that they were only 16. The Wubbenas subsequently discussed their concerns with Ford about him spending time with minors.

A week or two later, Ford visited C. W. at her home in order to take pictures of her. According to C. W., Ford told her about his “escorting business,” which he approached her about joining. Ford explained to C. W. that she could net $200 per hour in exchange for sexual acts. C. W. agreed, and Ford then took promotional photographs of her with a digital camera.

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