Submitted on Briefs: January 10, 2018
FROM: District Court of the Eighth Judicial District, In and
For the County of Cascade, Cause No. CDC 14-344 Honorable
John A. Kutzman, Presiding Judge
Appellant: Gregory D. Birdsong, Birdsong Law Office, PC,
Appellee: Timothy C. Fox, Montana Attorney General, C. Mark
Fowler, Assistant Attorney General, Emily Caton, Student
Intern, Helena, Montana, Joshua A. Racki, Cascade County
Attorney, Great Falls, Montana
JEREMIAH SHEA JUSTICE
Defendant Aren Kristjan Lindquist appeals the order from
April 13, 2015, by the Eighth Judicial District Court,
Cascade County, denying his motion to dismiss for entrapment
as a matter of law. We address:
Whether the District Court erred in denying
Lindquist's motion to dismiss for entrapment as a matter
AND FACTUAL BACKGROUND
On July 22, 2014, the Internet Crimes against Children Task
Force of the Great Falls Police Department ("Task
Force") posted an advertisement ("Ad")
entitled "B$a$r$r$r$y L$e$g$a$1 - 18" in the
"great falls escorts" subsection of the "great
falls adult entertainment" section of Backpage.com. The
Ad included a photograph of a scantily-clad female, with her
face cropped out of the photograph. The text of the Ad read:
Jessica is visiting Great Falls
Call or text
no blocked or restricted numbers
Poster's age: 18
Location: Great Falls
after the Ad posted, Lindquist responded to the number listed
and initiated the following text message
conversation with the Task Force's undercover
officer ("UC"), posing as pimp:
Lindquist: Hey how's it going??:-)
Lindquist: Saw your add would love to meet up !
UC: u in gfs
Lindquist: In Craig which is close by !
UC: my girls are under 18 is that ok
Lindquist: How old ?
UC: will I have 2 one 12 and one 15 years olds
Lindquist: Do you have pictures ?
UC: I do but I cant sent on my track phone
Lindquist: Ok do you need an e-mail ?
UC: they r pretty
UC: I don't have a computer
UC: the picture on the ad is real
Lindquist: Ok are you a cop?
UC: no u a fuckin cop what the . . .
UC: call if your interested
The Task Force searched the number, identified the caller as
Lindquist, and applied for a warrant to record their
conversations. Lindquist and the UC arranged to meet later
that night, but when Lindquist did not show up, the UC texted
Lindquist that his appointment would be canceled.
The following morning, on July 23, 2014, Lindquist replied to
the previous night's text message and proceeded to
arrange another meeting at a motel in Great Falls for later
Lindquist: Good morning how's it going?
Lindquist: are you around today ?
Lindquist: Ok well I am here in great falls when do you think
you will be around?
UC: I'm here now
UC: I guess you are going to be a no show again
Lindquist: No I am just finishing up my last errand where am
UC: how long?
Lindquist: I am done
UC: do you know where the O'haire is?
UC: text me when your ...