52 F.4th 426
1st Cir.2022Background
- Defendant Alexander Greaux, a 39-year-old teacher and coach at a Puerto Rico sports school, had a sexual relationship with student JFR when she was 15.
- Greaux exchanged sexually explicit messages and images with JFR via WhatsApp, used code words, and arranged meetings; sex occurred at the school, in his car, and at a vacant home he used in Cayey.
- JFR's mother discovered the messages, turned the phone over to HSI, agents obtained a warrant for Greaux's phone, and interviewed Greaux after giving Miranda warnings; Greaux made inculpatory admissions.
- Forensics recovered WhatsApp messages and sexual photographs; Greaux admitted knowing JFR was 15 and described sexual activity.
- Indicted on child-porn production (acquitted), enticement (18 U.S.C. § 2422(b)) and transportation of a minor (18 U.S.C. § 2423(a)); jury convicted on enticement and transportation; sentenced to 240 months imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression (Miranda/custody) | Gov't: interview was noncustodial and waiver was knowing and voluntary | Greaux: 3 armed officers questioned him in back of vehicle for ~30 minutes; waiver coerced | Court: not custodial; Miranda warnings given and waiver voluntary; district court credibility findings not clearly erroneous |
| Sufficiency of evidence for enticement (§ 2422) and transportation (§ 2423) | Gov't: WhatsApp messages, photos, victim testimony, and admissions show Greaux persuaded/enticed and transported minor for sex | Greaux: victim allegedly willing, timing/authenticity disputes, initiation of messages | Court: evidence (messages, grooming, admissions, travel) supports convictions; a claimed "willing" minor does not preclude persuasion/enticement liability |
| Exclusion of prior proceeding involving victim (Rule 412) | Gov't: Rule 412 bars evidence of victim's prior sexual history; admission would be prejudicial and irrelevant | Greaux: needed to show motive/impeach credibility; constitutional exception to Rule 412 | Court: exclusion proper under Rule 412; defendant failed to show relevance or constitutional need; probative value outweighed by prejudice |
| Admission of victim interview/video and call logs (Confrontation/translation/authentication) | Gov't: defendant failed to provide required English transcript; portions were not probative of enticement and were properly excluded | Greaux: video would show victim said she initiated pics; call logs would show she initiated calls | Court: exclusion proper—no certified English translation provided; statements about photos/calls immaterial to enticement charge; call logs unauthenticated |
| Leading questions / other evidentiary rulings / exhibit admission | Gov't: limited leading questions permissible given victim's distress; screenshots authenticated by agents and victim's mother | Greaux: leading questions improperly shaped testimony; screenshots in Exhibit 5 potentially inauthentic | Court: allowing some leading questions was within discretion to elicit testimony from a distressed witness; Exhibit 5 was authenticated and admissible; any error was harmless |
Key Cases Cited
- Montijo-Maysonet v. United States, 974 F.3d 34 (1st Cir. 2020) (discusses elements of enticement and transportation and defendant-focused persuasion analysis)
- York v. United States, 48 F.4th 494 (7th Cir. 2022) (holding proof of a "willing" minor does not negate defendant's persuasion/enticement liability)
- Dhingra v. United States, 371 F.3d 557 (9th Cir. 2004) (Section 2422(b) covers actions that constitute persuading, inducing, enticing, or coercing a minor)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires warnings and voluntary waiver for admissibility)
- Maryland v. Craig, 497 U.S. 836 (1990) (recognizes protecting child-victims from trauma in criminal proceedings)
- Fuentes-Lopez v. United States, 994 F.3d 66 (1st Cir. 2021) (standard for reviewing sufficiency of evidence)