Countywide : ‘Alphabet Caller’ Conviction Upheld

The crime of attempted child molestation can be committed over the telephone, a Ventura appeal court ruled Tuesday.

The 2nd District Court of Appeal ruled that Steven Imler, 39, of Lakewood was legally convicted of attempted child molestation last year in the so-called “Alphabet Caller” case.

Using telephone directories, Imler allegedly called hundreds of women in Ventura and Los Angeles counties and ordered them to perform sexual acts.

In a typical case, investigators said, he would tell a woman that he was holding her husband hostage and would kill him unless the woman complied with his demands and described the sexual acts to him.

Imler pleaded guilty to nine counts of making threatening phone calls, but went to trial on a count of attempted child molestation.

In that case, Imler allegedly called a 12-year-old boy who lived in east Ventura County and ordered him to masturbate.

After a brief non-jury proceeding, Superior Court Judge Frederick A. Jones convicted Imler and sentenced him to six years in prison on all the charges.

In appealing Imler’s attempted-molestation conviction, attorney Arthur H. Weed argued that the crime requires the presence of the accused.

“The child can do the touching, but some sort of presence is required. I have to be there,” Weed said in an interview Tuesday.

“What I’m saying is, to commit this crime you have to do more than pick the phone up.”

But in a unanimous opinion, the three-judge appeal court said prior cases have established that an attempt to commit a crime requires only intent to commit the crime and some action toward its commission.

The court certified the opinion for publication, an action that makes the case a precedent that can be used in courts throughout California.

Weed said he would appeal the case to the state Supreme Court if Imler wishes. “I’m afraid it will have far-reaching consequences,” he said.