The parties had very limited contact. They apparently agreed to communicate only about the children and visitation. The defendant chose to write a note about his criminal prosecution to the victim of his earlier behavior. The jury could have reasonably concluded the note was meant to be both sarcastic and distressing to JoEllen. Evidence was sufficient for the jury to find defendant guilty beyond a reasonable doubt.
Next defendant argues the trial court erred in excluding evidence.
The birthday card defendant sent his daughter to which JoEllen testified the offensive note was attached was admitted into evidence without objection on the first day of trial. Defense counsel attempted to ask defendant what he had written on the inside of the card to his daughter. The prosecutor objected, stating it was irrelevant to the issue at trial, the sending of the post-it note to JoEllen. The trial court sustained the objection. The next day when the exhibits to be sent to the jury were gathered, defense counsel discovered the card was sealed in a plastic envelope and the jury would not be able to read the handwritten message to his daughter defendant had added to the inside of the card.