IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION



UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-100

vs.

FINAL JURY INSTRUCTIONS

TIMOTHY EUGENE HEIDT,

Defendant.

____________________



         Ladies and Gentlemen of the Jury:

         The instructions I gave you at the beginning of the trial and during the trial remain in effect. I will now give you some additional instructions.

          You must, of course, continue to follow the instructions I gave you earlier, as well as those I give you now. You must not single out some instructions and ignore others, because all are important. This is true even though some of those I gave you at the beginning of and during trial are not repeated here.

         The instructions I am about to give you now are in writing and will be available to you in the jury room. I emphasize, however, that this does not mean they are more important than my earlier instructions. Again, all instructions, whenever given and whether in writing or not, must be followed.

 


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         In considering these instructions, attach no importance or significance whatsoever to the order in which they are given.


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         Neither in these instructions nor in any ruling, action, or remark that I have made during this trial have I intended to give any opinion or suggestion as to what the facts are or what your verdict should be.


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         It is your duty to find from the evidence what the facts are. You will then apply the law, as I give it to you, to those facts. You must follow my instructions on the law, even if you thought the law was different or should be different.

         Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I give it to you.

 


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         I have mentioned the word “evidence.” The “evidence” in this case consists of the following: the testimony of the witnesses, stipulations and documents, and other things received as exhibits.

         You may use reason and common sense to draw deductions or conclusions from facts which have been established by the evidence in the case.

         Certain things are not evidence. I shall list those things again for you now:

         1. Statements, arguments, questions, and comments by the lawyers are not evidence.

         2. Objections are not evidence. The parties have a right to object when they believe something is improper. You should not be influenced by the objection. If I sustained an objection to a question, you must ignore the question and must not try to guess what the answer might have been.

         3. Testimony that I struck from the record, or told you to disregard, is not evidence and must not be considered.

         4. Anything you saw or heard about this case outside the courtroom is not evidence.


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         There are two types of evidence from which a jury may properly find the truth as to the facts of a case: direct evidence and circumstantial evidence. Direct evidence is the evidence of the witness to a fact or facts of which they have knowledge by means of their senses. The other is circumstantial evidence – the proof of a chain of circumstances pointing to the existence or nonexistence of certain facts. The law makes no distinction between direct and circumstantial evidence. You should give all evidence the weight and value you believe it is entitled to receive.


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         The jurors are the sole judges of the weight and credibility of the testimony and the value to be given to each witness who has testified in this case. In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness said, or only part of it, or none of it.

         In deciding what testimony to believe, consider the witness’ intelligence, the opportunity the witness had to have seen or heard the things testified about, the witness’ memory, any motives that witness may have for testifying a certain way, the manner of the witness while testifying, whether that witness said something different at an earlier time, the general reasonableness of the testimony, and the extent to which the testimony is consistent with any evidence that you believe.

         In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and sometimes forget things. You need to consider, therefore, whether a contradiction is an innocent misrecollection or lapse of memory or an intentional falsehood, and that may depend on whether it has to do with an important fact or only a small detail.


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         In the previous instruction, I instructed you generally on the credibility of witnesses. I now give you this further instruction on how the credibility of a witness can be “impeached” and how you are to consider the testimony of certain witnesses.

         A witness may be discredited or impeached by contradictory evidence; by a showing that the witness testified falsely concerning a material matter; by showing the witness has a motive to be untruthful; or by evidence that at some other time the witness has said or done something, or has failed to say or do something, that is inconsistent with the witness’ present testimony.


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         Exhibits have been admitted into evidence and are to be considered along with all the other evidence to assist you in reaching a verdict. You are not to tamper with the exhibits or their contents, and each exhibit should be returned into open court, along with your verdict, in the same condition as it was received by you.


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         You have heard testimony from a person described as an expert. Persons who, by knowledge, skill, training, education or experience, have become expert in some field may state their opinions on matters in that field and may also state the reasons for their opinion.

         Expert testimony should be considered just like any other testimony. You may accept or reject it, and give it as much weight as you think it deserves, considering the witness’s education and experience, the soundness of the reasons given for the opinion and all other evidence in the case.

         An expert witness was asked to assume certain facts were true and to give an opinion based on that assumption. This is called a hypothetical question. If any fact assumed in the question has not been proved by the evidence, you should decide if that omission affects the value of the opinion.

 


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         You have heard testimony that defendant Timothy Eugene Heidt made statements to Sgt. Jim Strother and Officer Alan Fear of the Cedar Rapids Police Department. It is for you to decide:

                  First, whether the defendant made the statement; and

                  Second, if so, how much weight you should give to it.

         In making these two decisions you should consider all of the evidence, including

the circumstances under which the statements may have been made.

 


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         The Government and the Defendant have stipulated -- that is, they have agreed --that certain facts are as counsel have stated. You must therefore treat those facts as having been proved.

 


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         A reasonable doubt is a doubt based upon reason and common sense, and not the mere possibility of innocence. A reasonable doubt is the kind of doubt that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it. However, proof beyond a reasonable doubt does not mean proof beyond all possible doubt.


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         The Indictment in this case charges the Defendant with committing three crimes. Counts 1 and 2 charge that on or about the date alleged [Count 1 - December 7, 2001; Count 2 - December 29, 2001], the Defendant, Timothy Eugene Heidt, in connection with his acquisition of a firearm, knowingly made a false and fictitious written statement on the Firearms Transaction Record, which statement was likely to deceive the firearm dealer as to a material fact of the lawfulness of the sale of the firearm. Count 3 charges that from about December 2001 until December 28, 2002, in the Northern District of Iowa, the Defendant, Timothy Eugene Heidt, who was an unlawful user of a controlled substance, that is, marijuana, knowingly possessed two firearms and ammunition. The defendant has pleaded not guilty to each of these charges.

         As I told you at the beginning of the trial, an indictment is simply an accusation. It is not evidence of anything. To the contrary, the Defendant is presumed to be innocent. Thus the Defendant, even though charged, begins the trial with no evidence against him. The presumption of innocence alone is sufficient to find the Defendant not guilty and can be overcome only if the government proves, beyond a reasonable doubt, each essential element of the crimes charged.

         Keep in mind that each count charges a separate crime. You must consider each count separately, and return a separate verdict for each count.

           There is no burden upon the Defendant to prove that he is innocent.

 


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         The crime of making a false statement in connection with the purchase of a firearm, as charged in Counts 1 and 2, has three essential elements, which are:

One, on or about the date alleged in the Indictment [Count 1- December 7, 2001; Count 2 - December 29, 2001], the defendant acquired or attempted to acquire a firearm from a federally licensed firearms dealer;

 

Two, in so doing, the defendant knowingly made a false or fictitious statement, orally or in writing, intended or likely to deceive such dealer; and

 

Three, the subject of the false statement was material to the lawfulness of the sale.

 

         A false statement is likely to deceive if the nature of the statement, considering all the surrounding circumstances at the time it is made, is such that a reasonable person of ordinary prudence would have been actually deceived or misled.

         For you to find the defendant guilty of the crime of making a false statement in connection with the purchase of a firearm as charged in Counts 1 and 2, the government must prove each of these elements beyond a reasonable doubt as to the Count under consideration by you; otherwise, you must find the defendant not guilty on that Count.

 


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         With reference to Instruction No. ___, you are instructed that it is unlawful to sell or transfer a firearm to an unlawful user of any controlled substance.


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         The crime of being an unlawful user of a controlled substance in possession of a firearm, as charged in Count 3, has three essential elements, which are:

One, between about December 2001 and December 28, 2002, the defendant was an unlawful user of a controlled substance, that is, marijuana;

 

Two, the defendant knowingly possessed one or more firearms or ammunition while he was an unlawful user of a controlled substance; and

 

Three, the firearms or ammunition were transported across a state line at some time during or before the defendant's possession of them.

 

         If you have found beyond a reasonable doubt that the firearm in question was manufactured in a state other than Iowa and that the Defendant possessed that firearm in the State of Iowa then you may, but are not required to, find that it was transported across a state line.For you to find the defendant guilty of being an unlawful user of a controlled substance in possession of a firearm as charged in Count 3, the government must prove each of these elements beyond a reasonable doubt; otherwise, you must find the Defendant not guilty of the crime charged in Count 3.

 

 


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         The term "unlawful user of a controlled substance" means a person who uses a controlled substance in a manner other than as prescribed by a licensed physician. The defendant must have been actively engaged in use of a controlled substance during the period of time he possessed the firearm or ammunition, but the law does not require that he used the controlled substance at the precise time he possessed the firearm or ammunition. An inference that a person was a user of a controlled substance may be drawn from evidence of a pattern of use or possession of a controlled substance that reasonably covers the time the firearm or ammunition was possessed.

         The term "firearm" means any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive.

          The term “ammunition” means ammunition or cartridge cases, primers, bullets, or

propellent powder designed for use in any firearm.

 


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         You are instructed as a matter of law that marijuana is a Schedule I controlled substance. You must ascertain whether or not the substance in question in this case was marijuana. In ascertaining whether the substance in question was in fact marijuana, you may consider all the evidence in the case which may aid the determination of that issue.

 


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         You will note the Indictment charges that the offense was committed “between about” or “on or about” a certain date. The government need not prove with certainty the exact date or the exact time period of an offense charged. It is sufficient if the evidence established that an offense occurred within a reasonable time of the date or period of time alleged by the Indictment.


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         An act is done “knowingly” if the defendant realized what he was doing and did not act through ignorance, mistake or accident. The government is not required to prove that the defendant knew that his acts or omissions were unlawful. You may consider the evidence of defendant’s acts and words, along with all other evidence, in deciding whether defendant acted knowingly.

 


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         Intent may be proven by circumstantial evidence. It rarely can be established by other means. While witnesses may see or hear and thus be able to give direct evidence of what a person does or fails to do, there can be no eyewitness account of the state of mind with which the acts were done or omitted. But what a defendant does or fails to do may indicate intent or lack of intent to commit an offense.

         You may consider it reasonable to draw the inference and find that a person intends the natural and probable consequences of acts knowingly done, but you are not required to do so. As I have said, it is entirely up to you to decide what facts to find from the evidence.


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         The law recognizes several kinds of possession. A person may have “actual” possession or “constructive” possession. A person may have “sole” or “joint” possession.

         A person who knowingly has direct physical control over a thing, at a given time, is then in “actual” possession of it.

         A person who, although not in actual possession, has both the power and intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, is then in “constructive” possession of it.

         If one person alone has actual or constructive possession of a thing, possession is “sole.” If two or more persons share actual or constructive possession of a thing, possession is “joint.”

         Whenever the word “possession” has been used in these instructions it includes “actual” as well as “constructive” possession and also “sole” as well as “joint” possession.

 


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         Throughout the trial, you have been permitted to take notes. Your notes should be used only as memory aids, and you should not give your notes precedence over your independent recollection of the evidence.

         In any conflict between your notes, a fellow juror’s notes, and your memory, your memory must prevail. Remember that notes sometimes contain the mental impressions of the note taker and can be used only to help you recollect what the testimony was. At the conclusion of your deliberations, your notes should be left in the jury room for destruction.

 


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         In conducting your deliberations and returning your verdict, there are certain rules you must follow. I shall list those rules for you now.

         First, when you go to the jury room, you must select one of your members as your foreperson. That person will preside over your discussions and speak for you here in court.

         Second, it is your duty, as jurors, to discuss this case with one another in the jury room. You should try to reach an agreement if you can do so without violence to individual judgment, because a verdict - whether guilty or not guilty - must be unanimous.

         Each of you must make your own conscientious decision, but only after you have considered all the evidence, discussed it fully with your fellow jurors, and listened to the views of your fellow jurors.

         Do not be afraid to change your opinions if the discussion persuades you that you should. But do not come to a decision simply because other jurors think it is right, or simply to reach a verdict.

         Third, if the defendant is found guilty, the sentence to be imposed is my responsibility. You may not consider punishment in any way in deciding whether the government has proved its case beyond a reasonable doubt.

 

 

 

(CONTINUED)


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         Fourth, if you need to communicate with me during your deliberations, you may send a note to me through the marshal or court security officer, signed by one or more

jurors. I will respond as soon as possible either in writing or orally in open court. Remember that you should not tell anyone – including me – how your votes stand numerically.

         Finally, your verdict must be based solely on the evidence and on the law which I have given to you in my instructions. The verdict, whether guilty or not guilty, must be unanimous. Nothing I have said or done is intended to suggest what your verdict should be – that is entirely for you to decide.

 


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         Attached to these instructions you will find three Verdict Forms. The Verdict Forms are simply the written notice of the decision that you reach in this case. The answer to each Verdict Form must be the unanimous decision of the jury.

         You will take the Verdict Forms to the jury room, and when you have completed your deliberations and each of you has agreed on an answer to each Verdict Form, your foreperson will fill out each Form, sign and date it, and advise the marshal or court security officer that you are ready to return to the courtroom.

         Finally, members of the jury, take this case and give it your most careful consideration, and then without fear or favor, prejudice or bias of any kind, return such verdict as accords with the evidence and these instructions.

 

 

 

 

                                                                 

__________                                       __________________________________

DATE                                               LINDA R. READE

                                                        JUDGE, U. S. DISTRICT COURT


IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION

 

 

UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-100

vs.

VERDICT FORM - COUNT 1

TIMOTHY EUGENE HEIDT,

Defendant.

____________________

 

         We the Jury find the Defendant, TIMOTHY EUGENE HEIDT, ______________ Guilty/Not Guilty

of the crime of knowingly making a false statement in connection with the purchase of a firearm on or about December 7, 2001, as charged in Count 1 of the Indictment.

 

__________________________________

                                                        FOREPERSON

 

                                                        __________________________________

                                                        DATE


IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION

 

 

UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-100

vs.

VERDICT FORM - COUNT 2

TIMOTHY EUGENE HEIDT,

Defendant.

____________________

 

         We the Jury find the Defendant, TIMOTHY EUGENE HEIDT, ______________ Guilty/Not Guilty

of the crime of knowingly making a false statement in connection with the purchase of a firearm on or about December 29, 2001, as charged in Count 2 of the Indictment.

 

__________________________________

                                                        FOREPERSON

 

                                                        __________________________________

                                                        DATE


IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION

 

 

UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-100

vs.

VERDICT FORM - COUNT 3

TIMOTHY EUGENE HEIDT,

Defendant.

____________________

 

         We the Jury find the Defendant, TIMOTHY EUGENE HEIDT, ______________ Guilty/Not Guilty

of the crime of being an unlawful user of marijuana in possession of one or more firearms or ammunition between December 2001 and December 28, 2002 as charged in Count 3 of the Indictment.

 

__________________________________

                                                        FOREPERSON

 

                                                        __________________________________

                                                        DATE