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SPANGLER v. STATE9/26/1997
, another Escorts Only employee. Botta hired Hancock
to work for Escorts Only, set the price that she would charge her "dates," and explained to her how the operation worked. He stated that "Cyndi" would beep her on a pager and would give Hancock pertinent client information by telephone. Hancock would then set up a meeting with the client in order to have sex with him for money. Thereafter, Hancock would call Louis Botta and then meet him to give him the business's share of the money received from the client. Botta would then give the money to another Escorts Only collection man, Tom Harbour, who would bring the money to "Cyndi," the proprietor of Escorts Only. On several occasions, Hancock interviewed other prostitutes whom she or "Cyndi" recruited to work for Escorts Only.
This pattern would repeat itself about three to four times a night for as many as six nights of a week. The method of operations described above was the same as that described in the testimonies of Louis Botta, Escorts Only's collection agent, and that of a prostitute who had also been employed by Escorts Only.
Sergeant Michael Ashworth, an officer with the vice and narcotics unit of the Birmingham Police Department, participated in the police investigation of Escorts Only. After Yvonne Hancock was arrested, she assisted him in the police investigation of Escorts Only, and her help led to the arrests of Louis Botta and Tom Harbour, who also agreed to work with the police. Ashworth fitted Harbour with a transmitter that allowed the police to record any conversation, and Harbour then went to the appellant's home in the Center Point section of Birmingham to deliver marked currency purportedly obtained from the prostitutes working for Escorts Only. The State played the audiotape of the conversation between Harbour, the appellant, and an unknown male to the jury during the appellant's trial, and the conversation indicated that the appellant was aware that several of Escort Only employees were engaging in prostitution.
Thereafter, Ashworth executed a search warrant for the appellant's home and recovered, among other things, the marked currency that Tom Harbour had delivered to the appellant, an invoice from the Birmingham News made out to "Cyndi's Place," business cards for Escorts Only, and detailed handwritten notes that contained instructions for avoiding an arrest for prostitution as well as what to do if arrested for that offense. This Court notes that these instructions are reflected in the testimony presented at the appellant's trial by employees of Escorts Only. Officer Jerry Wiley, who was also employed with the vice and narcotics division of the Birmingham Police Department and who participated in the search of the appellant's house, identified the appellant as the person at the appellant's residence when the search took place.
The State presented sufficient evidence to prove that the appellant profited from a prostitution business that involved two or more prostitutes. That is enough to establish a prima facie case of promoting prostitution in the second degree. See, § 13A-12-112, Code of Alabama 1975. The appellant's argument that the State did not prove her guilt because the women working for her escort service had some latitude in how they conducted their business or because she had signed "contracts" from each prostitute stating that they agreed to do nothing illegal while working for Escorts Only is contrary to the evidence and is without merit.
For the foregoing reasons, the judgment of the trial court is due to be, and is hereby, affirmed.
AFFIRMED.
All judges concur.
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