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We rely on donations for our financial security. Donate Now. In Register. Filed: October 14th, Precedential Status: Precedential.

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Citations: S. Docket : Record No. Panel: Harry L. CarricoGeorge M. RussellRoscoe B. Stephenson Jr. Judges: Carrico, C. Robert O'Dell Collins, Jr. On appeal, Collins contends that the trial court erred in admitting, over his objection, evidence that at other times he had committed offenses similar to the offense charged in the indictment.

He also argues that the evidence was insufficient to support his conviction.

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On August 2,Linda G. Fox, a Richmond Police Department officer working undercover as a decoy, met Collins to be interviewed for employment in the escort service. Fox testified that she used the name "Lynn" in this asment and that Collins used the name "Bob Holliday.

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When Fox inquired about the meaning of the paragraph, Collins said, "I guess if you get caught, it's illegal. Collins informed Fox that he would communicate with her if he needed any more help.

Fox testified that the day after her interview with Collins she telephoned the escort service, talked to Steven Zipp, the telephone operator, gave him her name and telephoneand told him she was available for work. Zipp said he would call "if he needed any help that night. About four hours later, according to Fox, Zipp called back and said he had a date for her with one John Kelley at a specified address in Henrico County.

She then telephoned Zipp to ask whether she could accept Kelley's check for these services.

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Replying in the affirmative, Zipp cautioned Fox to make sure Kelley had "a recent deposit slip. Zipp, charged with the same offense as Collins, testified as a witness for the Commonwealth. He stated that Collins had hired Fox and that her name tag "Lynn" was tacked on the board in the office along with the name tags of other girls employed by the agency.

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Zipp said that he called Fox on August 2 and connected her with Kelley, and that he listened to the telephone conversation while Fox and Kelley arranged to meet. Zipp testified that Collins and others had trained him to disconnect the office telephone if customers persisted in mentioning specific sexual acts.

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He acknowledged that Fox had called him from Kelley's apartment to inquire whether she could take Kelley's check for "a blow job and a roll" and that he had approved because Kelley was a regular customer. Zipp asserted that although he had his "suspicions" about what the escorts were doing on their dates, he had no proof, and what the girls did was their own business.

Nevertheless, Zipp recalled one occasion when Collins got into an argument over money with Shelly, Collins's girlfriend, who was employed by the agency as an escort. Zipp observed Collins take all the money from Shelly's pocketbook.

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Demanding that he give the money back to her, Zipp testified, Shelly "said something about About p. Saylor and other police officers executed a search warrant by conducting a search of the premises where the escort service's office was located. The officers seized telephone equipment, including an answering recorder connected with several telephones, ledgers containing names and addresses of customers, names of escorts, fees paid to the agency, card files showing names of customers and amounts they paid, blank employment agreement forms, and pre-stamped envelopes addressed to "Anthony Giovanni" at a certain Richmond post office box.

The index cards included names of persons identified as law-enforcement officers.

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Saylor identified cards showing "good calls," where fees were paid, and others showing "bad calls," where the callers would not pay the required charges, or were suspected of being police officers, or the transactions were not completed for other reasons noted on the cards. Saylor testified that at the time the premises were searched, three outcall escort services were being operated there under the names of Dreams Unlimited, Kitty Kats, and Hound Dogs All Male Escort.

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All three were listed in the classified advertisements of local newspapers. After the events of August 2, Saylor testified, he and another officer met with Collins at the latter's request. Collins wanted to know why Saylor "was so intent after him.

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Terry Brady, another telephone operator for the agency, also testified as a witness for the Commonwealth. He described in detail the operation of the business.

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Brady identified the charges on agency records seized by the police officers and introduced in evidence. The escorts used the pre-stamped envelopes addressed to "Anthony Giovanni," a name which Brady said was fictitious, to mail checks or money orders for fees to the agency at its post office box. If the escort could not reach an agreement with the customer after collecting the agency fee the agency "would send out another escort.

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Brady was familiar with the employment agreement providing for termination of employment upon violation of any law. Although he ed one himself and delivered others to some of the girls tohe regarded the agreements as meaningless.

He said that Collins instructed him in answering the agency telephone. Brady was told that if a customer used "nasty words" in asking for a girl to perform an "illicit sexual act" he was to hang up, but he was also taught the special language, innocuous in itself, used by those familiar with "the business" to mean various kinds of sexual activity.

Brady collected the money from the girls and kept a record of the payments.

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Collins and Brooks took their shares in cash; Brady retained his tips. Kim G. Cleary, an informant who arranged for Officer Fox to meet Collins, testified that she herself was interviewed by Collins in August before Fox's interview. Refreshing her memory from notes she made about an hour after her interview, Cleary said she applied by telephone for employment with the escort service.

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She was then interviewed by Collins in his car. Collins, who gave his name as "Bob Holliday," informed her that the job might mean "holding someone's hand or hugging someone or sleeping with them, touching them. Although Collins did not say she was hired, he asked when she could work, and when Cleary said the next day, he expressed satisfaction. He did not show her any employment agreement.

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Collins did not want to meet Fox, and he asked Cleary to "fill her in. Brenda Walker testified that they employed her as a prostitute on December 8,after she ed one of the employment agreements.

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When she went on calls she performed various sexual acts, including sodomy. Referring to Collins and Brooks, she said, "I knew what business these gentlemen were in as well as they knew what [business] I was in. Blain said that to make certain she was not "ripping him off," Collins conducted what he called "spot check billies," by telephoning customers, before she returned to the agency from her calls, to find out what acts Blain had performed and how much money she had received.

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Upon her return, Collins would inquire about her activities and then tell her what the customers reported she had collected. Collins argues that the testimony of Walker and Blain relating to other offenses was inadmissible.

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He acknowledges that evidence of other offenses may be admissible to show motive, intent, or knowledge under an exception to the general rule of inadmissibility, as set forth in Kirkpatrick v. Commonwealth, Va. See Lewis v.

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Collins says, however, that the offenses described by Walker and Blain were too remote in time from August 2,to show that he had knowledge of what was happening on that date, and the real purpose of the Commonwealth was to show his propensity towards committing the offense charged.

We do not agree. Knowledge of the illegal activity was a prerequisite to conviction.

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Walker testified that she worked as a prostitute for Collins for four months beginning in Decemberthat Collins knew what she was doing, and that he accepted his share of the money she earned from her sexual activities. Thus, her testimony related to events that occurred four months or more after August 2, Blain testified that she was recruited by Collins to work as a prostitute and did so from August to January Thus, her testimony related to events that occurred eight months or more before August 2, The testimony of these witnesses, however, tended to show that Collins was running a prostitution business as a continuing course of conduct over an extended period of time, so that he not only knew his employees were engaging in prostitution, but he also hired them for that purpose, aided and abetted them in their work, and received money from their earnings as prostitutes.

Where evidence of other offenses is admissible under an exception to the general rule, the exception applies to offenses committed before and after the date of the offense for which the defendant is being tried. See Harris v.

In Minor v.

We held the evidence was properly admitted to show the defendant's relationship with the prostitute and to show a common scheme, plan, or course of conduct tending to establish motive, intent, or knowledge. In Moore v.

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The trial court admitted evidence of two similar incidents, one occurring approximately three months after and the other approximately 20 months before the incident in dispute. We held the evidence was admissible on the issue of lascivious intent.

See also Ryan v. ZIP: 39428

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