A just released opinion from the Second District of the California Court of Appeals makes for some terrifying reading.
In People v. Costales, the intermediate California appeals court upheld a two-year sentence for Michigan resident George Christian Costales, who used his blog to document his obsession with Stacy B., a musician maintaining a MySpace page. Costales eventually used his blog to document his cross-country road trip to attempt to visit Stacy B. in person in California.
On appeal, Costales contended there was insufficient evidence to show that he had made a “credible threat,” required for a stalking conviction under California Penal Code § 646.9. The statute defines “credible threat” as “a verbal or written threat … or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat … ”
The court held that Costales’s blogging provided all the evidence that was necessary for the conviction.
The opinion is here. Some excerpts:
George Christian Costales appeals a judgment following his conviction of stalking. (Pen.Code, § 646.9, subd. (a).) We conclude, among other things, that: 1) substantial evidence supports the judgment, and 2) Costales has not shown that his two-year prison sentence was retaliation for his decision to proceed to trial instead of making a plea to the charges. We affirm. …
Stacy B. was a musician who used an Internet program called MySpace to “market” her music. She had “an open profile” to allow the public to go to her site. She began receiving disturbing e-mails from Costales, a stranger from Michigan.
Let me just pause for a moment to note that it is interesting that the Court of Appeals put the word “market” in quotes – as if MySpace is somehow a silly way to go about marketing music. Also, judging by her MySpace page, it looks like she still is a musician. It says she’s currently in the studio. At any rate, the court continued:
Stacy B. was so disturbed by the content of his messages that she used a security feature on her MySpace page to block him from leaving his profile and his comments. Costales discovered that she had blocked his access to her site. He posted a message stating, among other things, “[S]he has blocked me and has never uttered even one word to me. I do believe she loves me…. [¶] … Oh, hell, am I a f***ing stalker ? I visit her page every day. In my mind she’s the perfect woman for me.” He created new profiles to avoid the blocking mechanism and continued to send messages.