Meredith, Woodward, Friedman, JJ.
Johnson, appellant, was convicted by a jury in the Circuit
Court for Prince George's County of one count of
stalking, ten counts of reckless endangerment, two counts of
harassment, ten counts of harassment by electronic mail
("email"), and fifty counts of violating a
protective order. As a result, the court imposed concurrent
and consecutive sentences which, in the aggregate, totaled
eighty-five years and ninety days' imprisonment.
appeal, appellant raises the following questions,
which we have slightly reworded:
1. Did the trial court err by failing to merge
appellant's ten convictions for email harassment under
Section 3-805 of the Criminal Law Article, which punishes a
"course of conduct"?
2. Did the trial court err by failing to merge
appellant's fifty convictions for violating a protective
order into nine convictions, based on conduct occurring on
nine separate days?
3. Did by trial court err by failing to merge two of
appellant's reckless endangerment convictions based on
the conduct of posting material to Craigslist.org?
4. Did the trial court err by permitting the victim to
testify in rebuttal to appellant's prior convictions of
assault and violation of a protective order?
5. Did the trial court err in admitting printouts of emails
the victim said were sent by appellant?
following reasons, we shall answer these questions in the
negative and, accordingly, affirm the judgments of the
Williams and appellant were married and in 2010 had a son
together; they separated in the summer of 2010 and divorced
in September 2011. In July 2010, Williams obtained a
protective order against appellant. On February 27, 2011,
appellant was arrested for violating the protective order.
Appellant went to jail, but was released the same night. On
February 28, 2011, appellant attacked Williams as she was
getting into her car; he was arrested for second degree
assault, found guilty of violating the protective order and
assaulting Williams, and sentenced to a year of imprisonment.
20, 2012, Williams could not log into her MSN email account.
When she tried to reset her password, she noticed that the
recovery email address listed was not hers, but instead was
that of Mikejohnson516@yahoo.com, appellant's email
address. That same day, three to four men came to
Williams's home and said they were responding to a sex ad
on Craigslist. One such man showed Williams the ad on his
phone; the ad contained old pictures of Williams, her name
and address, as well as an invitation for men to come to
Williams's home and have sex with her. Williams, who had
not placed the ad, called 911. The police came to her home,
but said that there was nothing they could do without proof
of who created the ad.
21, 2012, Williams received messages from several of her
friends on Facebook, asking Williams why she created another
Facebook page. Williams went on Facebook and saw the new
page, which, like the Craigslist ad, contained old pictures
of Williams, as well as her address and prices listed for
various sex acts. Williams recognized that the pictures were
from her hacked MSN email account. Also on June 21, 2012,
Williams received an email message from Gmail notifying her
that she had attempted to reset the password for her email
account. Williams notified Gmail that she had not attempted
to reset her password. On June 21, 2012, approximately forty
men came to Williams's home in response to sex ads. One
of these men showed her the Craigslist ad to which he was
responding. The ad read:
This is real, rape me. I want some guys to knock on my door.
When I open it, smack me, push me down, rip my panties off,
fuck me and leave me. No talking, just rape me and go. If
your [sic] down, no emails, just come over, 7300 18th Ave,
Apartment 202, Hyattsville, Maryland 20783, map quest it and
come on over. Real men step up.
23, 2012, as men were still coming to Williams's home,
Williams received emails from Mikejohnson516@yahoo.com,
appellant's email account. The first email read:
"You having fun yet." Williams replied:
"Stop sending people to my house to have sex with my
kids and me. That's solicitation." Appellant
responded, "Don't know what you're talking
about, but maybe we can work something out so I can make it
stop for you." Williams responded, "Maybe your
probation officer can help me;" a condition of
appellant's probation was to have no contact with
Williams. Appellant replied:
301-699-3644, Agent Jones, call when you're ready,
don't see how that will stop your problem since I heard
your address is posted on a lot of adult websites; and I
think I could help you get them down. But, if I'm not
here, maybe they will stay up there. Whoever put them up
there must not know it's some crazy people out there. Be
safe from leaving your house. Hope nobody hangs around, but,
like I said, maybe we can work something out.
email exchanges continued; that same day, Williams filed a
petition for a protective order against appellant and
received a temporary protective order. She also called 911
and gave the police who responded a copy of the temporary
order. The police said that they would attempt to serve
appellant with such order.
received another email from appellant on June 24, 2012, which
Your life wasn't meant to be normal. You can try to be
something you're not, but your life has never been normal
for 32 years, so why do you think it's going to change.
It's okay to lie to other people like your life is
something it's not, but what about yourself? It will
always catch up to you. This is how your life has been and
always be. Love always, bye Big Head.
were still coming to Williams's home at all hours of the
day and night. Williams would tell the men that the ads were
fake and ask what website had posted the ad; then she would
contact that website and ask it to take down the ad. One ad
posted on Blackplanet.com read:
Hello, I'm Angell. I'm looking for sex and sex only.
I swallow. I do anal and groups up to five guys at once. If
you're not in Maryland, DC or Virginia, please don't
bother me. If you do live in the DMV, holla at your girl with
that wet-wet and sloppy head. I live in Riggs Hill Condos, so
if you close by, hit me up.
called 911 again on June 26, 2012, in an attempt to put a
stop to the men responding to the ads. The police advised her
to press charges for violation of a protective order, which
she did the next day.
29, 2012, the circuit court held a hearing on the final
protective order. Williams showed the court the emails and
ads. The court granted the final protective order and ordered
appellant to not have any contact with Williams.
6, 2012, as men were still coming to Williams's home,
Williams received an email from firstname.lastname@example.org.
Williams had a friend with the stage name of Riffraff Shawn
that appellant knew, but Williams and Shawn never exchanged
emails. The email said: "It will be about 25-40 folks
comin over between now and Saturday, so keep doin you and
givin your number out and suckin and fuckin. I will have you
workin in no time." A few hours later, Williams received
a second email from the same address; it read: "Get a
hotel room tomorrow and I will meet you there. Fuck me the
whole day and it will stop. Don't and there will be no
peace for you. I will have folks comin over there until you
who suspected that the emails were coming from appellant,
replied to the e-mail in the hopes that appellant would
identify himself, and to figure out "how he could be set
up" so that police could arrest him. Williams also
called the police to ask them for help in catching appellant;
she suggested that the police "book the hotel room and
have him go there an[d] arrest him." The police told
Williams to file charges, which she did that day. Williams
also bought a shotgun to protect herself and her four
children from appellant.
received additional emails from the email@example.com
address on July 9, with further demands that Williams meet
him at a hotel room. Williams replied, "Sure. I'll
do it. I don't have a credit card or debit card
though." Although Williams had no intentions of meeting
him, she had hoped that appellant would stop posting the ads,
as men were still coming to her home.
13, 2012, Williams received an email from the
firstname.lastname@example.org email address with a new ad. The ad,
which contained the same old photos of Williams that were
from her hacked MSN email account, as well as her address,
read: "Come over, looking for good dick." That same
day, Williams received additional emails from the
email@example.com email address pressuring her to meet
him at a hotel. When Williams refused, she received the
following response: "It's cool. I'm going on the
kids['] school website and post your ad for sex since it
don't matter." Williams received another email on
July 13 with the post on the school website, which contained
the same pictures and read:
Hi, my name is Angell Mary Williams. I'm the mother of
[AC] and [CC] and I will have sex with there [sic] teachers
in return for them getting passing grades. It can be for
however long they attend the school and they get passing
grades. I live at 7300 18th Avenue, Apartment 202,
Hyattsville, MD 20783, and have done this at all there [sic]
other schools and don't mind doing it here as well. Thank
you, and hope we have a great year together.
14, Williams received the following email:
To whom may read this, the part of the investigation that
leads to read this, I'm not sorry for the events that
happened to Ms. Williams. All the chances to not let it get
this far, but she refused to, so her blood is not on my
hands. She should have known by now that all she had to do
was one thing, and she played a joke with her own life. I
know that you're reading this after the fact and look at
me as a monster, but maybe she wanted it this way. That's
why she chose to play with her life. That being said, I want
to say good-bye to my mother and father and kids. I love them
very much. I was a man pushed into this, pushed to do this. I
hope Angell's mom will take care of her kids after this;
and I hope they will grow up and not make the same mistakes.
Your life is not a game because you should always do all you
can do. Too bad Angell didn't. Bye.
continued to receive emails from the firstname.lastname@example.org
email address on July 16, 2012, again pressuring Williams to
book a hotel room and then threatening to kill her. One email
The best part about it is with all the people coming to your
house at random, you don't know when it will be me. I
started this plan a long time ago. The people in the building
know all about the traffic you have had, people outside
yelling your name. They open the door for folks so when I
come, it won't even look strange, walk right up and kick
the door in and you'll see the rest.
I want to leave you alone and would have if you had got the
room. And yes, I have changed. That's why I'm trying
to give you a chance, but I know you think I'm joking or
just trying to bully you, but you will know that I'm for
real when I tie you up and fuck you in the ass with a broom
stick. I'm not going to just kill you, but put you
through pain first. That's how I know the police will
kill me because I'm going to take my time with you, but
enough with all the talk. See you soon. It's okay. I
don't expect to live through this anyway.
received another email that read: "I love it when I have
the chance to prove my point. I swear on my grandmother's
grave you will die. You can believe me or not unless your
baby is superman and can stop bullets. See you soon."
Williams received another email that day that read:
"You'll wish you was back in your childhood getting
raped, the things I'm going to do to you, then leave your
dead raped body in the woods." Williams called the
police on July 16, 2012, after receiving an e-mail that
stated "that he was outside my house . . . come on to
the balcony, I'll shoot you from there."
received additional emails from the email@example.com
email address on July 17, 2012. One such email contained a
video of someone being raped; the message read: "You
should let the girls watch this so they will know what they
got coming." Later that day, Williams received another
email asking: "Are the girls there? I could have them
cherries busted before you get back." On July 17, men
were still coming to Williams's home "at the same
frequency" as they had earlier in the summer.
18, 2012, Williams received more emails from the
firstname.lastname@example.org email address; one such email
referred to Williams as "Big Head, "
appellant's nickname for Williams, and was signed
"Love you always, Your Mike."
19, 2012, Williams received an email from the
email@example.com email address that referred to
Williams as "the mother of my child." Another email
Williams received that day from the firstname.lastname@example.org
email address contained an ad with the same photos and
Williams's address, which read: "I'm a single
parent looking to make some extra cash. I swallow. I do anal
and groups." The email stated: "I have printed out
250 of those and will be passing them all over the DMV,
putting them in barber shops, metro stations, malls, gas
stations, office buildings, strip clubs, so be ready."
Around fifty men came to Williams's home on July 19.
22, 2012, Williams received another email from the
email@example.com email address that read:
"I'm going to honk the horn. I'm in the red
truck." At that point, Williams, who was inside her
apartment, heard a horn honk. She went down to the landing of
her apartment building and saw a red truck but could not see
the driver's face; Williams called 911. The police
arrived and arrested the man in the truck, who was not
to Williams, approximately 400 men, "maybe more, "
came to her home between June 20 and July 22, 2012. Men came
every single day during that span of time, and they would
arrive at all hours of the day and night. Williams received
no additional emails from the firstname.lastname@example.org email
address after early August 2012.
August 1, 2012, Prince George's County police officers
executed a search warrant for appellant's mother's
home, which was the physical address associated with the IP
address for the email@example.com email account. The
police seized multiple computers, along with photo
identifications of appellant, one of which was from the
Maryland National Capitol Park and Planning Commission.
Appellant was not present at the time of the search.
was arrested on August 14, 2012. A jury trial was held in the
circuit court from June 10 through June 12, 2013. As
previously stated, the jury convicted appellant of one count
of stalking, two counts of harassment, ten counts of
harassment by electronic mail, ten counts of reckless
endangerment, and fifty counts of violating a protective
order. On July 18, 2013, the court sentenced appellant to a
total of eighty-five years and ninety days'
incarceration, broken down as follows:
• 1 count of stalking: 5 years, with credit for 351 days
• 1 count of harassment: 90 days, consecutive
• 1 count of harassment: 90 days, concurrent
• 4 counts of reckless endangerment: 5 years,
• 6 counts of reckless endangerment: 5 years, concurrent
• 10 counts of harassment by electronic mail: 1 year,
• 50 counts of violating a protective order: 1 year,
filed a timely appeal on August 5, 2013. Additional facts
will be presented as necessary to resolve the questions
Merger of Email ...