Professional Documents
Culture Documents
Sac
COUNTY
t/>
ro
L^Criminal
STATE OF IOWA or
Plaintiff/Petitioner,
Civil
-nn
1 w
No.
vs.
FINANCIAL AFFIDAVIT/APPLICATION^
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: Soe>-fT
C.
<i~f t r
Birth Date:
l o / s t / 6 9
Home Phone:
Street Address:
Street/P.O.'Box'
Pending charges: .5e vr
Do you have a job?
Apt #
City
State
bl/SC
No Job
Zip
In Jail? O-Yes No
yi n r l/l^
How much money do you currently make before taxes or deductions? ^ JL&O-Qtya hour Q^month
How much money have you made in the last 12 months from any source, before taxes or deductions?
year
fiOD^
Q)
hour 3-month
year
f\Jp
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
jlse worth more than $100:
How*}^ - 3 & . D 0 O - O O '
Ht?U f < .
P'rv air* n 1 a 5~ -
On J
1*1
IT aotf.
c/Cs
'CO. 0 9
List amounts you pay monthly for mortgages, rent, car loans, crediljcards, child support, or any other debts:
[to k ' r j a
f> j/
0
w a r t f -
fob QO /' W o
'
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date
Signature
Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
SCOTT CARL FISTER ,
02811 FECR012629
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.
1 of 2
Case Title
ST VS SCOTT FISTER
ORDER APPOINTING
So Ordered
2 of 2
INITIAL APPEARANCE
Charges:
01 - 709.4(1)(a) - SEXUAL ABUSE - 3RD DEGREE
02 - 709.4(1)(a) - SEXUAL ABUSE - 3RD DEGREE
2 counts so each of the penalties recited herein are times two.
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class C
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
10 Years Prison
And/Or $1,000 to a $10,000 fine
1 of 3
4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You must obey all laws of Iowa and the United States. You are not to have any contact with the
alleged victims in this case in person, by mail or electronic communications, or through third persons.
This no contact order extends to the alleged victims'parents.
6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on at : AM at the .
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
Case Title
ST VS SCOTT FISTER
HEARING FOR INITIAL APPEARANCE
So Ordered
3 of 3
)
)
)
PLAINTIFF
)
Vs.
SCOTT CARL FISTER
DEFENDANT
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
Original filed
Copy to: County Attorney
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Scott Carl Fister of
the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa
Code Sections 709.1, 709.4(1), and 903B.1 committed as follows:
The said Defendant, Scott Carl Fister, on or about from January 1, 2005 through
December 31, 2008 in the County of Sac and State of Iowa, did unlawfully and willfully sexually
abuse Jane Doe 1, a juvenile, by performing a sex act against her will or by force.
COUNT II
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and
in the name and by the authority of the State of Iowa, accuses Defendant, Scott Carl Fister of
the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa
Code Sections 709.1, 709.4(1), and 903B.1 committed as follows:
The said Defendant, Scott Carl Fister, on or about from January 1, 2008 through
August 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully sexually
abuse Jane Doe 2, a juvenile, by performing a sex act against her will or by force.
A TRUE INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
NATHAN HAMP, CPW, IOWA DEPARTMENT OF HUMAN SERVICES
AMY SCARMON, LMHC-FORENSIC INTERVIEWER, MERCY CHILD ADVOCACY CENTER
JANE DOE 1, A JUVENILE
JANE DOE 2, A JUVENILE
CATHY SMITH, OCCUPATION UNKNOWN
NATHAN JERRY BREHME, OCCUPATION UNKNOWN
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 3 of 3
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
Date: 10/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
FECR012629
No.
vs.
SCOTT FISTER
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF TRIAL OR PROCEEDING
2629
CRIMINALNO. FECROI
WRITTENAIU{AIGNMITNT.
PI-EAOI-NOT GUII,TY
Defendant
filed: I0/01/20I4
DateTrial Infbrn.ration
oathstatcs:
case
and
under
criminal
COMIIS NOW the Defendantin thc above-captioncd
b"vAttorneyCharlesA. Schulte,whoseaddressand phonenumbcrare
L I am representcd
421 Main St..PO Box 392.SacCity. IA. 50583;(712)662'4715.
2. My curent mailing and residenceaddrcssand phonenumberare407 Main St.,Box
l3i.Lytton. IA 50561.My phoncnumberis: 712-660-031l.M,vdateol bifih is 10-02the Englishlanguageand havecompletedthe following
1969. I canreadand understand
levelofcducation:l2 Years.
that I havea right to arraignment
and understand
advisedby my attorne.v
4. I havebeer.r
in openCourt.and I voluntarilywaivethat right. choosinginsteadto sign this Written
tl.rattimcs for iuilher proceedings
Arraignrnentar.rdPleaof Not Guilt.v. I ur.rdersland
which arecomputedfrom the dateofanaignmentrvill be cornputedfrom the dateof
filing this Written Arraignmcntand Pleaof Nin Guilty.
Dct'endant
Original to be filed with Clerk of Court
Copy provided to:
Countl AttorncY
2RCR02
vs.
SCOTT CARL FISTER ,
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
October 28, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Charles Schulte.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on December 9, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/17/2014
at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If the Defendant chooses to take depositions of minuted State's witnesses,
depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions
of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions
shall be at public expense. Upon Defendant's request, the State is ordered to disclose
evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary
discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the
Defendant opts to request discretionary discovery and the State requests reciprocal
discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).
Either party may object to the order for discretionary discovery and have the matter set
for hearing. The State shall disclose any exculpatory evidence, including any evidence
relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS SCOTT FISTER
ORDER SETTING TRIAL
So Ordered
3 of 3
NO.FECRO12629
WAIVEROF RIGIII''IO
SPEEDY
TRIAL
Defendant.
speedytrial;
2. Ilc realzeshc hasa right to a speedytrial by virtue of lowa Rule of Criminal
Proccdure2.33(2)(b)which states:
"lf a dc1'endant
indictedfor a public offensehasnot n'aivedhis or her
trial. he or shemustbe broughtto trial within ninetl'
right to a speed.v
daysalier indictmentis found or the courtmust orderthe indictment
to be dismissedunlessgood causeto the contrarybe shorvn"
He is alsoawareof the lact that this rule is applicableto a CountyAttornel-'slnlbrmation
andthat the ninet-vdal periodruns fror.nthe filing datethereof.
3. He lufiher realizesthat he hasa right to a speedytrial underlorvaRule of Criminal
Procedure2.33(2)(b)which states:
"All criminalcasesmust be broughtto trial within onc yearafterthe defendat's
initial arraignn]enlpursuantto rule 2.8 unlessan cxtensionis grantedby the court,upona
''
sholvingof goodcause.
3. He hasbeenfulll,advisedofhis rightsto a speedytrial and thc ramificationsthereofby
of
his attorney.includingthe fact that the memoryof witncssesfadewith the passage
may disappearor becomeunavailable:that dela-vma,vimpairthc
time; that u'itnesses
of his defense;tliat the communityma.vview him with suspiciottduringthe
eff-ectiveness
that he
and socialendeavors;
pendencl,oftheactiot]therebyafl'ectinghis occupational
to
can
be
subjccted
will haveto endureprolongedanxietyar.rdconcernand that hc is or
pendingtrial. and taking into accountall ol'theselactorsand considerations.
incarceration
he decmsit to be in his bestintercstto r.aive his speedytrial rightsat this time and he
doesthereforeherebywaive the sameboth asto IRCP 2.33(a)and IRCP 2.33(b)anddoes
consentthat thc trial may be postponeduntil suchdatesas it may be scheduledfor trial b"v
'fhc
u,ithdrau'tliislvaiverupon
defendantreservesthe righl to subsequently
the court.
writtennoticethereofto the coutl andthc Stateof Iowa.
Signedthis / / a u y n t
l\t r ,,'
. 2 0/ ' / .
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
SCOTT CARL FISTER ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before November 17, 2014. If any objection is filed on or
before November 17, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before November 17, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
This matter first came to the attention of the undersigned on this date. Any
ojection to the expanded media coverage shall be heard immediately before any record
is made on the Pretrial Conference scheduled for November 17, 2014.
IT IS SO ORDERED.
MEDIA COORDINATOR
2 of 3
Case Title
STATE VS SCOTT FISTER
OTHER ORDER
So Ordered
3 of 3
STATE OF IOWA
02811 FECR012629
Plaintiff
vs.
ORDER RESCHEDULING
PRETRIAL CONFERENCE
BE IT REMEMBERED this matter came before the Court upon the parties' request to continue.
THE COURT FINDS that the PRETRIAL CONFERENCE should be rescheduled.
IT IS THEREFORE ORDERED that the PRETRIAL CONFERENCE previously scheduled is
cancelled, and instead
Pretrial Conference is scheduled on 12/01/2014 at 09:00 AM at the Sac Co. Courthouse, 100
NW State St., Sac City, Iowa.
1 of 2
Case Title
STATE VS SCOTT FISTER
ORDER SETTING HEARING
So Ordered
2 of 2
)
) FECR012629
VS.
)
) MOTION TO CONTINUE
SCOTT CARL FISTER
)
)
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:
1. Pretrial Conference has been scheduled in this matter for December 1, 2014 at
9:00 A.M.
2. The undersigned attorney will be out of state on that date and unavailable.
3. The Defendant has waived speedy trial rights.
WHEREFORE, Defendant requests the Court to continue the pretrial conference
in this matter to a later date convenient to the Court.
Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583
Phone (712) 662-4715
2RCR25
STATE OF IOWA,
Case No. 02811 FECR012629
PLAINTIFF,
vs.
SCOTT CARL FISTER ,
ORDER
DEFENDANT.
The Defendant has filed a Motion to Continue the hearing sceduled for December
1, 2014. That motion should be granted.
1 of 2
Case Title
STATE VS SCOTT FISTER
ORDER FOR CONTINUANCE
So Ordered
2 of 2
No. FECR012629
Plaintiff,
v.
OTHER ORDER
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
No. FECR012629
Plaintiff,
v.
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
No. FECR012629
Plaintiff,
v.
OTHER ORDER
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
)
) FECR012629
)
) APPLICATION FOR AUTHORITY
) TO DEPOSE
______________________
COMES NOW Charles A. Schulte, Court Appointed Attorney for the defendant,
and states:
1. Charles Schulte was appointed to represent the Defendant by court order dated
August 20, 2014.
2. The Appointment order does not include language authorizing the taking of
depositions.
3. Depositions of the states witnesses have been scheduled for May 14th.
WHEREFORE: Charles Schulte request the Court to enter an order authorizing
the taking of depositions at state expense.
Respectfully submitted,
/s/Charles Schulte, AT0007137,
Attorney for Defendant
SCHULTE LAW FIRM, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax (712) 662-4884
2RCR01
STATE OF IOWA,
Case No. 02811 FECR012629
PLAINTIFF,
vs.
ORDER
SCOTT CARL FISTER ,
DEFENDANT.
It Is Ordered that the Defendant's motion for authority to take depositions of the State's
witnesses at state expense is sustained.
1 of 2
Case Title
STATE VS SCOTT FISTER
OTHER ORDER
So Ordered
2 of 2
)
) FECR012629
)
) ORDER AUTHORIZING
) DEPOSITIONS
______________________
The application of the defendants attorney for authority to take depositions of the
states witnesses at state expense comes before the Court. The same should be granted.
IT IS ORDERED: Charles A. Schulte as attorney for the Defendant in this cause is
authorized to take depositions of any and all of the states witnesses at state expense.
IT IS FURTHER ORDERED: The State of Iowa shall pay for the cost of taking the
deposition, including the fee for the Court Reporter services.
OTHER ORDER
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
FECR012629
Plaintiff,
Vs.
Defendant.
:
____________________________________________________________________________
The Application of Charles A. Schulte for Authority to Exceed the Attorneys Fee
Guidelines cap under Iowa Administrative Rules 493 Chapters 11 and 12 comes on before the
Court. The application was filed prior to the attorney exceeding the fee limitations.
After a review of the application, it appears that the anticipated services are necessary in
the reasonable professional judgment of counsel. The court finds that the application should be
granted.
IT IS THEREFORE ORDERED THAT Charles A. Schulte, attorney for the defendant,
may exceed the fee limitations established in the Iowa Administrative Code 493 chapters 11 and
12 and may be compensated in an amount in excess of the limitation, but said compensation shall
not exceed $5,000.00.
OTHER ORDER
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
No. FECR012629
Plaintiff,
v.
Defendant.
COMES
NOW,
the
State
of
Iowa,
through
the
Sac
County
Attorney,
Ben
Smith,
and
states
the
following
in
support
of
its
Motion
to
Dismiss
(Motion):
1.
After
examining
the
case
file
and
taking
all
things
into
consideration,
the
State
believes
the
interests
of
justice
and
judicial
economy
are
best
served
by
dismissal
of
Count
2
of
the
Trial
Information,
without
prejudice.
WHEREFORE,
for
the
reasons
stated
above,
the
State
respectfully
requests
that
the
Court
grant
the
States
Motion,
order
such
other
reliefs
the
Court
deems
just
and
equitable
in
the
premises.
STATE
OF
IOWA
_________________________________________
BENJAMIN
JOHN
SMITH
Sac
County
Attorney
Sac
County
Courthouse
100
NW
State
St.,
Suite
9
Sac
City,
IA
50583
Telephone:
712-662-4791
Attorney@saccounty.org
No. FECR012629
Plaintiff,
v.
COMES
NOW
the
State
of
Iowa,
through
the
Sac
County
Attorney,
Ben
Smith,
and
for
its
Response
to
Defendants
Motion
In
Limine,
states
the
following;
1. Save
for
the
the
caveat
below,
the
State
does
not
resist
Defendants
Motion
In
Limine
(Motion)
filed
July
13,
2015.
2. The
State
does
resist
the
Motion
insofar
as
it
seeks
to
preclude
the
State
from
offering
any
such
evidence
after
Defendant
intentionally
or
unintentionally
puts
the
same
in
issue
(i.e.,
opens
the
door)
during
the
trial.
WHEREFORE,
the
State
requests
that
the
Court
enter
an
order
granting
such
reliefs
the
court
deems
just
and
equitable
in
the
premises.
STATE
OF
IOWA
_________________________________________
BENJAMIN
JOHN
SMITH
Sac
County
Attorney
Sac
County
Courthouse
100
NW
State
St.,
Suite
9
Sac
City,
IA
50583
Telephone:
712-662-4791
Attorney@saccounty.org
)
)
Plaintiff,
)
Case No. FECR012629
)
vs.
)
ORDER
)
SCOTT CARL FISTER,
)
)
Defendant.
)
________________________________________________________________________
The State has moved to dismiss Count II of the trial information.
The Court finds that the Motion should be granted.
IT IS SO ORDERED.
OTHER ORDER
Case Number
FECR012629
Case Title
STATE VS SCOTT FISTER
So Ordered
page 2 of 2
No. FECR012629
Plaintiff,
v.
therefore, any evidence of any past sexual behavior of the victim should
not be allowed. IOWA R. EVID. 5.412.
WHEREFORE, the State requests that the Court enter an Order
directing the defense, whether through counsel or witnesses, not to refer
to the above matters at any stage throughout the trial.
STATE OF IOWA
______________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
No. FECR012629
Plaintiff,
v.
INSTRUCTION NO. 1
This is a criminal case in which the State of Iowa, hereinafter
referred to as the State, charges Defendant, Scott Carl Fister,
hereinafter referred to as Defendant, by Trial Information with the
crime of Sexual Abuse in the Third Degree. The Defendant has pleaded
not guilty.
INSTRUCTION NO. 2
The Trial Information is the document that formally charges the
Defendant with a crime and is merely the method by which the
Defendant is brought into court for trial. It is not evidence.
INSTRUCTION NO. 3
The Defendant has entered a plea of not guilty. This plea of not
guilty is a complete denial of the charges and places the burden on the
State to prove guilt beyond a reasonable doubt. Whenever I instruct you
that the State must prove something, it must be by evidence beyond a
reasonable doubt.
INSTRUCTION NO. 4
The Defendant is presumed innocent and not guilty.
This
INSTRUCTION NO. 5
You must determine whether the Defendant is guilty or not guilty
from the evidence and the law in these Instructions. You must consider
all of the instructions together. No one Instruction includes all of the
applicable law.
INSTRUCTION NO. 6
The duty of the jury is to determine if the Defendant is guilty or not
guilty.
punishment.
INSTRUCTION NO. 7
Nothing I have said or done during the trial was intended to give
any opinion as to the facts, proof, or what your verdict should be.
INSTRUCTION NO. 8
The burden is on the State to prove the Defendant guilty beyond a
reasonable doubt. A reasonable doubt is one that fairly and naturally
arises from the evidence or lack of evidence produced by the State.
A reasonable doubt is a doubt based upon reason and common
sense - the kind of doubt that would make a reasonable person hesitate
to act.
INSTRUCTION NO. 9
You shall base your verdict only upon the evidence and these
instructions. Evidence is:
Anything you saw or heard about this case outside the courtroom.
Statements and questions by law enforcement officers during an
interview with the Defendant are not evidence to be considered for their
truth. The Defendant's answers and responses to those questions and
statements are evidence.
INSTRUCTION NO. 10
In considering the evidence, you may make deductions and reach
conclusions according to reason and common sense.
Facts may be
Direct
10
INSTRUCTION NO. 11
Decide the facts from the evidence. Consider the evidence using
your observations, common sense, and experience. Try to reconcile any
conflicts in the evidence; but if you cannot, accept the evidence you find
more believable.
In determining the facts, you may have to decide what testimony
you believe.
testimony.
There are many factors which you may consider in deciding what
testimony to believe, for example:
The witness's interest in the trial, their motive, candor, bias, and
prejudice.
11
INSTRUCTION NO. 12
You have heard testimony from persons described as experts.
Persons who have become experts in a field because of their education
and experience may give their opinion on matters in that field and the
reasons for their opinion.
Consider expert testimony just like any other testimony. You may
accept it or reject it. You may give it as much weight as you think it
deserves, considering the witness's education and experience, the
reasons given for the opinion, and all the other evidence in the case.
DELETE THIS ENTIRE INSTRUCTION IF EXPERT WITNESS DOES
NOT TESTIFY.
12
INSTRUCTION NO. 13
If there is a reasonable doubt as to the degree of the crime, the
Defendant shall only be convicted of the crime for which there is no
reasonable doubt.
13
INSTRUCTION NO. 14
Evidence has been offered to show that the Defendant made
statements at an earlier time and place. If you find any of the statements
were made, then you may consider them as part of the evidence, just as
if they had been made at this trial.
You may also use these statements to help you decide if you
believe the Defendant.
Defendants testimony if you find the statements were made and were
inconsistent with the Defendants testimony given at trial, but you are
not required to do so.
other evidence you believe supports it or you believe it for any other
reason. DELETE THIS PARAGRAPH IF THE DEFENDANT DOES NOT
TESTIFY.
14
INSTRUCTION NO. 15
To commit a crime a person must intend to do an act which is
against the law. While it is not necessary that a person knows the act is
against the law, it is necessary that the person was aware he was doing
the act and he did it voluntarily, not by mistake or accident. You may,
but are not required to, conclude a person intends the natural results of
his acts.
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INSTRUCTION NO. 16
The State must prove all of the following elements of Sexual Abuse
in the Third Degree:
1. That between May 1, 2005, and April 30, 2006, the Defendant
performed a sex act with Kayla Smith.
2. The Defendant performed the sex act with Kayla Smith when
Kayla Smith was 14 or 15 years old and either of the following:
a. Kayla Smith was related to Defendant by blood or by
marriage to the fourth degree.
b. Defendant is four or more years older than Kayla Smith.
3. The Defendant and Kayla Smith were not then living together as
husband and wife.
If the State has proved all of the elements, the Defendant is guilty
of Sexual Abuse in the Third Degree.
If the State has failed to prove any of the elements, then the
Defendant is not guilty of Sexual Abuse in the Third Degree.
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INSTRUCTION NO. 17
Concerning element number 1 of Instruction No. ______, sex act
means any sexual contact:
1. Between the mouth of one person and the genitals of another;
or
2. Between the finger or hand of one person and the genitals or
anus of another person; or
3. By use of artificial sexual organs or substitutes therefor in
contact with the genitalia or anus.
You may consider the type of contact and the circumstances
surrounding it in deciding whether the contact was sexual in nature.
Skin-to-skin contact is not required in order to establish a sex
act.
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INSTRUCTION NO. 18
Concerning element number ________ of Instruction No. _____, the
State must prove that Kayla Smith was 14 or 15 at the time of the
Defendant's act.
belief that Kayla Smith was older is no defense to the crime charged.
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INSTRUCTION NO. 19
You have heard evidence that the Defendant allegedly committed
other acts with Kayla Smith after the timeframe of the offense charged. If
you decide the Defendant committed these other acts, you may consider
these acts only to determine whether the Defendant has a sexual passion
or desire for Kayla Smith. You may not consider them as proving that
the Defendant actually committed the act charged in this case.
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INSTRUCTION NO. 20
During the trial, you have been allowed to take notes. You may
take these with you to the jury room to use in your deliberations.
Remember, these are notes and not evidence. Generally, they reflect the
recollection or impression of the evidence as viewed by the person taking
them, and may be inaccurate or incomplete.
Upon reaching a verdict, leave the notes in the jury room, and they
will be destroyed.
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INSTRUCTION NO. 21
You may not communicate about this case before reaching your
verdict. This includes cell phones, and electronic and social media, such
as text messages, Facebook, MySpace, LinkedIn, YouTube, Twitter,
email, etc.
Do not do any research or make any investigation about this case
on your own. Do not visit or view any place discussed in this case, and
do not use Internet maps or Google Earth or any other program or device
to search for or to view any place discussed in the testimony. Also, do
not research any information about this case, the law, or the people
involved, including the parties, the witnesses, the lawyers, or the judge.
This includes using the Internet to research events or people referenced
in the trial.
This case will be tried on evidence presented in the courtroom. If
you conduct independent research, you will be relying on matters not
presented in court. The parties have a right to have this case decided on
the evidence they know about and that has been introduced here in
court. If you do some research or investigation or experiment that we do
not know about, then your verdict may be influenced by inaccurate,
incomplete or misleading information that has not been tested by the
trial process, including the oath to tell the truth and by crossexamination. All of the parties are entitled to a fair trial, rendered by an
impartial jury, and you must conduct yourself so as to maintain the
integrity of the trial process. If you decide a case based on information
not presented in court, you will have denied the parties a fair trial in
accordance with the rules of this state and you will have done an
injustice. It is very important that you abide by these rules.
It is important that we have your full and undivided attention
during this trial.
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INSTRUCTION NO. 22
Occasionally, after a jury retires to the jury room, the members
have questions. Usually, questions about Instructions can be answered
by carefully re-reading them. If, however, you feel it is necessary to ask a
question, you must do so in writing and deliver your questions to the
Court Attendant.
discussing your question and potential answer with the attorneys. This
naturally takes time and deliberation before I can reply. My reply will
also be in writing. Keep the written question and response and return
them to me when you reach a verdict.
The Court Attendant who has been working with me on this case
will be under oath not to communicate with you except to ask if you have
agreed upon a verdict.
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INSTRUCTION NO. 23
When you begin your deliberations, you should select a foreperson.
He or she shall see that your deliberations are carried on in an orderly
manner, that the issues are fully and freely discussed, and that every
juror is given an opportunity to express his or her views.
In order to return a verdict, each juror must agree to it.
Your
your view and change your opinion if convinced it is wrong. But do not
change your opinion as to the weight or effect of the evidence just
because it is the opinion of the other jurors, or for the mere purpose of
returning a verdict.
Remember, you are judges of the facts. Your sole duty is to find
the truth and do justice.
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INSTRUCTION NO. 24
I am giving you two verdict forms. You will sign only one verdict
form. Your verdict must be unanimous. When you have agreed upon
your verdict and the foreperson has signed the appropriate verdict, you
should notify the Court Attendant.
Dated this ______ day of July, 2015.
__________________________________________________
KURT STOEBE, District Court Judge
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No. FECR012629
Plaintiff,
v.
VERDICT FORMS
_______________________________________
FOREMAN or FOREWOMAN
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