IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CENTRAL DIVISION



UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-3047

vs.

FINAL JURY INSTRUCTIONS

DERRICK CRUME,

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.

 


INSTRUCTION NUMBER 1

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


INSTRUCTION NUMBER 2

 

         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.


INSTRUCTION NUMBER 3

 

         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.

 


INSTRUCTION NUMBER 4

 

         I have mentioned the word “evidence.” The “evidence” in this case consists of the following: the testimony of the witnesses, the documents and other things received as exhibits, and stipulations, that is, agreements between the parties that certain facts are as they have stated.

         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.

         Finally, you were instructed that some evidence was received for a limited purpose only, and you must follow that instruction.


INSTRUCTION NUMBER 5

 

         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.


INSTRUCTION NUMBER 6

 

         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.


INSTRUCTION NUMBER 7

 

         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.

         You have heard evidence that Michael Littlefield and Richard Mayo hope to receive a reduced sentence on criminal charges in return for their cooperation with the Government in this case. The witnesses have entered into “plea agreements” with the U.S. Attorney’s Office that provide that if they give substantial assistance to the government in its investigation of federal crimes, the prosecutor can file a motion for a reduction of the witness’ sentence. If the prosecutor’s office handling each witness’ case believes the witness has given substantial assistance, the prosecutor can file a motion to reduce his sentence below the applicable federal sentencing guideline range. The judge has no power to reduce a sentence unless the prosecutor files such a motion. If such a motion for reduction of sentence for substantial assistance is filed by the prosecutor, then it is up to the judge to decide whether to reduce the sentence at all, and if so, how much to reduce it. You may give the testimony of these witnesses such weight as you think it deserves. Whether or not the testimony of the witnesses may have been influenced by their hope of receiving a reduced sentence is for you to decide.

 

(CONTINUED)


INSTRUCTION NUMBER 7 (Cont’d.)

 

         You have heard evidence that certain witnesses were once convicted of crimes. You may use that evidence only to help you decide whether to believe the witnesses and how much weight to give their testimony.

 


INSTRUCTION NUMBER 8

 

         You have heard testimony that the defendant made a statement to United States Postal Inspectors. 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 statement may have been made.

 


INSTRUCTION NUMBER 9

 

         In this case, the defendant did not testify. No inference of guilt can be drawn from this. The defendant is not required to testify. The burden of proof remains upon the government to prove the guilt of the defendant.


INSTRUCTION NUMBER 10

 

         You have heard testimony from persons described as experts. 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, the acceptability of the methods used, and all the other evidence in the case.

 


INSTRUCTION NUMBER 11

 

         You have heard a certain category of evidence called “other acts” evidence. Here, you have heard evidence that the defendant may have possessed images of unclothed persons at times other than those charged in the Indictment. You may consider the “other acts” evidence to decide the issues of Defendant’s intent, knowledge, identity, absence of mistake, and inherent tendency to commit the acts charged in the Indictment. “Other acts” evidence must be proven by a preponderance of the evidence; that is, you must find that the evidence is more likely true than not true. This is a lower standard than proof beyond a reasonable doubt. If you find that this evidence is proven by a preponderance of the evidence, you should give it the weight and value you believe it is entitled to receive. If you find that it is not proven by a preponderance of the evidence, then you shall disregard such evidence.

         Remember, even if you find that the defendant may have committed similar acts, this is not evidence that he committed such an act in this case. You may not convict a person simply because you believe he may have committed similar acts. The defendant is on trial only for the crimes charged, and you may consider the evidence of other acts only on the issues of Defendant’s intent, knowledge, identity, absence of mistake, and inherent tendency to commit the acts charged in the Indictment.


INSTRUCTION NUMBER 12

 

         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.


INSTRUCTION NUMBER 13

 

         The government and the defendant have stipulated – that is, they have agreed – that certain facts are as they have stated. You must therefore treat those facts as having been proved.


INSTRUCTION NUMBER 14

 

         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.


INSTRUCTION NUMBER 15

 

         The Indictment in this case charges the defendant with two separate crimes. Under Count 1, the Indictment charges that the defendant knowingly received and attempted to receive child pornography. Under Count 2, the Indictment charges that the defendant knowingly possessed and attempted to possess child pornography. The defendant has pled 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.


INSTRUCTION NUMBER 16

 

         The crime of receiving child pornography, as charged in Count 1 of the Indictment, has three essential elements which are:

One,in or about early 2003, the defendant knowingly received one or more visual depictions of a minor engaged in sexually explicit conduct;

 

         Two,  the defendant knew the visual depiction under consideration was of a minor engaging in sexually explicit conduct; and

 

Three, the visual depiction under consideration had been mailed, shipped or transported in interstate or foreign commerce by any means, including a computer.


         If all of the essential elements have been proved beyond a reasonable doubt as to Count 1, then you must find the defendant guilty of the crime charged in Count 1; otherwise you must find the defendant not guilty of the crime charged in Count 1.

 


INSTRUCTION NUMBER 17

 

         Defendant is also charged in Count 1 of the Indictment with attempted receipt of child pornography. A person may be found guilty of an attempt if he intended to receive child pornography and voluntarily and intentionally carried out some act which was a substantial step toward that receipt.

 

 


INSTRUCTION NUMBER 18

 

         “Receiving” or “receipt” are not defined terms. In reaching your verdict you should give these terms their plain and ordinary meaning.


INSTRUCTION NUMBER 19

 

         “Child pornography” as used in these instructions means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where (1) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct, or (2) such visual depiction is of a minor engaging in sexually explicit conduct.

 


INSTRUCTION NUMBER 20

 

         “Visual depiction” as used in these instructions includes data stored by electronic means which is capable of conversion into a visual image.


INSTRUCTION NUMBER 21

 

         As used in these instructions, the term “minor” means any person under the age of eighteen years.


INSTRUCTION NUMBER 22

 

         As used in these instructions the term “sexually explicit conduct” means actual or simulated: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (2) masturbation; or (3) the lascivious exhibition of the genitals or pubic area of any person.

 


INSTRUCTION NUMBER 23

 

         Not every exposure of the genitals or pubic area constitutes lascivious exhibition. Whether a picture or image of the genitals or pubic area constitutes such a lascivious exhibition requires a consideration of the overall content of the material. It is for you to decide the weight or lack of weight to be given to any of the following factors. An image need not involve all of these factors to constitute a lascivious exhibition of the genitals or pubic area.

         You may consider such factors as: (1) whether the focal point of the picture or image is on the child’s genitals or pubic area; (2) whether the setting of the picture or image is sexually suggestive, that is, in a place or pose generally associated with sexual activity; (3) whether the child is depicted in an unnatural pose or in inappropriate attire, considering the age of the minor; (4) whether the child is fully or partially clothed, or nude; (5) whether the picture or image suggests sexual coyness or a willingness to engage in sexual activity; and/or (6) whether the picture or image is intended or designed to elicit a sexual response in the viewer.

 


INSTRUCTION NUMBER 24

 

         The term “interstate commerce” includes commerce between one or more State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.

         “Foreign commerce” includes commerce with a foreign country.


INSTRUCTION NUMBER 25

 

         To return a verdict of guilty under each count, you need not unanimously agree on every image admitted into evidence. You must, however, unanimously agree on at least one visual depiction. If you cannot agree that the same visual depiction constitutes child pornography as defined in these instructions, you may not return a guilty verdict.

 


INSTRUCTION NUMBER 26

 

         The phrase “transported in interstate or foreign commerce” as used in Count 1, means that the image, at any time, traveled or moved between one state and another or one country and another. Evidence that an image was received over the Internet or produced in a state other than Iowa or in a foreign country is sufficient to prove that the image has been transported in interstate or foreign commerce. It is not necessary for the United States to prove that the defendant transported the material in interstate commerce. It is sufficient that the United States prove that at some point before or during the defendant’s alleged receipt, at least one of the charged images traveled in interstate or foreign commerce.

 

 


INSTRUCTION NUMBER 27

 

         The crime of possessing child pornography, as charged in Count 2 of the Indictment, has three essential elements which are:

         One,  in or about early 2003, the defendant possessed a computer that he knew contained one or more visual depictions of a minor engaged in sexually explicit conduct;

 

         Two,  the defendant knew the visual depiction under consideration was of a minor engaging in sexually explicit conduct; and

 

Three, the visual depiction under consideration was produced by a computer which had been shipped or transported in interstate or foreign commerce.


         If all of the essential elements have been proved beyond a reasonable doubt as to Count 2, then you must find the defendant guilty of the crime charged in Count 2; otherwise you must find the defendant not guilty of the crime charged in Count 2.

 


INSTRUCTION NUMBER 28

 

                  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, knowingly has both the power and the 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.


INSTRUCTION NUMBER 29

 

         Defendant is also charged in Count 2 of the Indictment with attempted possession of child pornography. A person may be found guilty of an attempt if he intended to possess child pornography and voluntarily and intentionally carried out some act which was a substantial step toward that possession.

 


INSTRUCTION NUMBER 30

 

         You will note the Indictment charges that the offenses were committed “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.


INSTRUCTION NUMBER 31

 

         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.

 


INSTRUCTION NUMBER 32

 

         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.


INSTRUCTION NUMBER 33

 

         The Indictment charges certain acts in the conjunctive. For example, in Count 1, the defendant is charged with knowingly receiving one or more images of child pornography that had been “mailed, shipped, or transported in interstate or foreign commerce . . .” There are also other examples of charging in the conjunctive in the Indictment. In order to prove the defendant guilty of a particular offense, the United States does not need to prove that the child pornography was mailed and shipped and transported, but rather the United States is only required to prove one of these factors, that is that the child pornography had been mailed or shipped or transported in interstate commerce by any means, including by computer. I will tell you, in the instructions for each individual Count, what the United States is required to prove.

 


INSTRUCTION NUMBER 34

 

         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.

 


INSTRUCTION NUMBER 35

 

         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)


INSTRUCTION NUMBER 35 (Cont’d.)

 

         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.

 


INSTRUCTION NUMBER 36

 

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

         You will take the Verdict Forms and Interrogatories to the jury room, and when you have completed your deliberations and each of you has agreed on an answer to each Verdict Form and each Interrogatory, 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

CENTRAL DIVISION

 

 

UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-3047

vs.

VERDICT FORM - COUNT 1

DERRICK CRUME,

Defendant.

____________________

 

COUNT 1 - RECEIPT OF CHILD PORNOGRAPHY

 

         We, the Jury, find the defendant, Derrick Crume,______________of the crime of Guilty/Not Guilty 

receiving or attempting to receive child pornography in or about early 2003, as charged in Count 1 of the Indictment.

                                                             __________________________________

                                                             FOREPERSON

                                                             __________________________________

                                                             DATE

 

 

 


IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CENTRAL DIVISION

 

 

UNITED STATES OF AMERICA,

  

Plaintiff,

No. CR 03-3047

vs.

VERDICT FORM - COUNT 2

DERRICK CRUME,

Defendant.

____________________

 

COUNT 2 - POSSESSION OF CHILD PORNOGRAPHY

 

          We, the Jury, find the defendant, Derrick Crume,______________of the crime of Guilty/Not Guilty 

possessing or attempting to possess child pornography in or about early 2003, as charged in Count 2 of the Indictment.

                                                             __________________________________

                                                             FOREPERSON

                                                             __________________________________

                                                             DATE

 


IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CENTRAL DIVISION

 

 

UNITED STATES OF AMERICA,

 

Plaintiff,

No. CR 03-3047

vs.

INTERROGATORIES

DERRICK CRUME,

Defendant.

____________________

 

INTERROGATORY 1 If you found the defendant guilty of the crime charged in Count 1, please have your foreperson place a check mark (√) next to the image or images listed below which you unanimously find the defendant received or attempted to receive and then sign and date this interrogatory. If you found the defendant not guilty of the crime charged in Count 1, please do not answer this interrogatory and proceed to Interrogatory 2.

          _____ Exhibit 1.1

          _____ Exhibit 1.3

          _____ Exhibit 1.5

          _____ Exhibit 1.6

          _____ Exhibit 1.7

          _____ Exhibit 1.8

          _____ Exhibit 1.9

          _____ Exhibit 1.10

          _____ Exhibit 1.11

          _____ Exhibit 1.12

          _____ Exhibit 1.13

          _____ Exhibit 1.14

          _____ Exhibit 1.15

          _____ Exhibit 1.16

          _____ Exhibit 1.17

          _____ Exhibit 1.18

          _____ Exhibit 1.19

          _____ Exhibit 1.20

          _____ Exhibit 1.21

          _____ Exhibit 1.22

          _____ Exhibit 1.23

          _____ Exhibit 1.24

          _____ Exhibit 1.25

          _____ Exhibit 1.26

          _____ Exhibit 1.27

          _____ Exhibit 1.28

          _____ Exhibit 1.29

          _____ Exhibit 1.34

          _____ Exhibit 1.35

          _____ Exhibit 1.36

          _____ Exhibit 1.37

          _____ Exhibit 1.38

          _____ Exhibit 1.39

          _____ Exhibit 1.41

          _____ Exhibit 1.42

          _____ Exhibit 1.43

          _____ Exhibit 1.44

          _____ Exhibit 1.45

          _____ Exhibit 1.46

          _____ Exhibit 1.47

          _____ Exhibit 1.48

                                                             __________________________________

                                                             FOREPERSON

                                                             __________________________________

                                                             DATE

 

INTERROGATORY 2

          If you found the defendant guilty of the crime charged in Count 2, please have your foreperson place a check mark (√) next to the image or images listed below which you unanimously find the defendant possessed or attempted to possess and then sign and date this interrogatory. If you found the defendant not guilty of the crime charged in Count 2, please do not answer this interrogatory and proceed to Interrogatory 3.

          _____ Exhibit 1.1

          _____ Exhibit 1.3

          _____ Exhibit 1.5

          _____ Exhibit 1.6

          _____ Exhibit 1.7

          _____ Exhibit 1.8

          _____ Exhibit 1.9

          _____ Exhibit 1.10

          _____ Exhibit 1.11

          _____ Exhibit 1.12

          _____ Exhibit 1.13

          _____ Exhibit 1.14

          _____ Exhibit 1.15

          _____ Exhibit 1.16

          _____ Exhibit 1.17

          _____ Exhibit 1.18

          _____ Exhibit 1.19

          _____ Exhibit 1.20

          _____ Exhibit 1.21

          _____ Exhibit 1.22

          _____ Exhibit 1.23

          _____ Exhibit 1.24

          _____ Exhibit 1.25

          _____ Exhibit 1.26

          _____ Exhibit 1.27

          _____ Exhibit 1.28

          _____ Exhibit 1.29

          _____ Exhibit 1.34

          _____ Exhibit 1.35

          _____ Exhibit 1.36

          _____ Exhibit 1.37

          _____ Exhibit 1.38

          _____ Exhibit 1.39

          _____ Exhibit 1.41

          _____ Exhibit 1.42

          _____ Exhibit 1.43

          _____ Exhibit 1.44

          _____ Exhibit 1.45

          _____ Exhibit 1.46

          _____ Exhibit 1.47

          _____ Exhibit 1.48

                                                             __________________________________

                                                             FOREPERSON

                                                             __________________________________

                                                             DATE

 

INTERROGATORY 3

          If you found the defendant guilty of the crime charged in either Count 1 or Count 2, please have your foreperson place a check mark (√) next to any image or images listed below which you unanimously find depict child pornography and then sign and date this interrogatory. If you found the defendant not guilty of the crimes charged in both Counts 1 and 2, please do not answer this interrogatory.

          _____ Exhibit 1.1

          _____ Exhibit 1.3

          _____ Exhibit 1.5

          _____ Exhibit 1.6

          _____ Exhibit 1.7

          _____ Exhibit 1.8

          _____ Exhibit 1.9

          _____ Exhibit 1.10

          _____ Exhibit 1.11

          _____ Exhibit 1.12

          _____ Exhibit 1.13

          _____ Exhibit 1.14

          _____ Exhibit 1.15

          _____ Exhibit 1.16

          _____ Exhibit 1.17

          _____ Exhibit 1.18

          _____ Exhibit 1.19

          _____ Exhibit 1.20

          _____ Exhibit 1.21

          _____ Exhibit 1.22

          _____ Exhibit 1.23

          _____ Exhibit 1.24

          _____ Exhibit 1.25

          _____ Exhibit 1.26

          _____ Exhibit 1.27

          _____ Exhibit 1.28

          _____ Exhibit 1.29

          _____ Exhibit 1.34

          _____ Exhibit 1.35

          _____ Exhibit 1.36

          _____ Exhibit 1.37

          _____ Exhibit 1.38

          _____ Exhibit 1.39

          _____ Exhibit 1.41

          _____ Exhibit 1.42

          _____ Exhibit 1.43

          _____ Exhibit 1.44

          _____ Exhibit 1.45

          _____ Exhibit 1.46

          _____ Exhibit 1.47

          _____ Exhibit 1.48

                                                             __________________________________

                                                             FOREPERSON

                                                             __________________________________

                                                             DATE