IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION



UNITED STATES OF AMERICA,



Plaintiff,



vs.



DEON HARRIS



Defendant.

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No. CR 01-0074





FINAL JURY

INSTRUCTIONS









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; the facts that have been stipulated -- that is, formally agreed to by the parties; and the facts that have been judicially noticed -- that is, facts which I say you may, but are not required to, accept as true, even without evidence.

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:

l. 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.



(CONTINUED)



INSTRUCTION NUMBER 4 (Cont'd)

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. One is direct 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

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 8

You have heard evidence that the defendant was involved in the sale of heroin and cocaine base at times other than charged in this indictment. You may not use this evidence to decide whether the defendant carried out the acts involved in the crime charged in the indictment. However, if you are convinced beyond a reasonable doubt, based on other evidence introduced, that the defendant did carry out the acts involved in the crime charged in the indictment, then you may use this evidence to decide defendant's intent and knowledge.

Remember, even if you find that the defendant may have committed a similar act in the past, 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 in the past. The defendant is on trial only for the crimes charged, and you may consider the evidence of prior acts only the issue of intent and knowledge.



INSTRUCTION NUMBER 9

You have heard testimony that the defendant Deon Harris made a statement to a Cedar Rapids detective. It is for you to decide:

First, whether the defendant Deon Harris 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 10

You have heard evidence that the defendant Deon Harris was previously convicted of crimes. You may use that evidence to help you decide whether to believe his testimony and how much weight to give it. That evidence does not mean that he committed the crime charged here, and you must not use that evidence as any proof of the acts constituting the crime charged in this case.

INSTRUCTION NUMBER 11

You have heard evidence that witness Jessica Ralston was once convicted of a crime. You may use that evidence only to help you decide whether to believe the witness and how much weight to give her testimony.

INSTRUCTION NUMBER 12

You have heard evidence that Jessica Ralston has received a promise from the Government that her testimony will not be used against her in a criminal case. Her testimony was received in evidence and may be considered by you. You may give her testimony such weight as you think it deserves. Whether or not her testimony may have been influenced by the Government's promise is for you to determine.





INSTRUCTION NUMBER 13

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 14

Count 1 of the Indictment in this case charges that or about February 13, 2001, in the Northern District of Iowa and elsewhere, Defendant DEON HARRIS did knowingly and intentionally possess with the intent to distribute approximately 7.54 grams of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C).

Count 2 of the Indictment in this case charges that on or about February 13, 2001, in the Northern District of Iowa, DEON HARRIS, did knowingly and intentionally possess with the intent to distribute approximately 2.87 grams of a mixture or substance containing a detectable amount of heroin, a Schedule I Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C).

Count 3 of the Indictment charges that on or about February 13, 2001, in the Northern District of Iowa, DEON HARRIS, did knowingly and intentionally possess with the intent to distribute approximately 4.7 grams of a mixture or substance containing a detectable amount of cocaine base, commonly called "crack cocaine," a Schedule II Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C).

The defendant has pleaded not guilty to the crimes with which he is charged.

As I told you at the beginning of the trial, an indictment is simply an accusation.

(Continued)

INSTRUCTION NUMBER 14 (Cont.'d)



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 United States proves, beyond a reasonable doubt, each essential element of the crime charged.































INSTRUCTION NUMBER 15



The crime of possession of controlled substances with intent to distribute as charged in Counts 1 and 2, in this case heroin, has three essential elements, which are:

One, the defendant was in possession of a controlled substance, heroin.

Two, the defendant knew he was in possession of heroin.

Three, the defendant intended to distribute some or all of the heroin to another person.



The crime of possession of a controlled substance with intent to distribute as charged in Count 3 in this case, cocaine base, commonly called "crack cocaine", has three essential elements which are:

One, the defendant was in possession of a controlled substance, cocaine base, commonly called crack cocaine



Two, the defendant knew he was in possession of crack cocaine.

Three, the defendant intended to distribute some or all of the crack cocaine to another person.



For you to find the defendant guilty of the crime of possession of a controlled substance with intent to distribute, 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. Each count charges a separate crime and must be given separate consideration.









INSTRUCTION NUMBER 16

If your verdict under Instruction Nos. 15 under any count under consideration by you is not guilty, or if, after all reasonable efforts, you are unable to reach a verdict on Instruction Nos. 15 , you should record that decision on the verdict forms and go on to consider whether the defendant is guilty of the crime of simple possession of a controlled substance. The crime of simple possession of a controlled substance, a lesser included offense of the crimes charged in Counts 1, 2, and 3 of the Indictment, has two essential elements, which are:

One, the defendant was in possession of a controlled substance.

Two, the defendant knew he was in possession of a controlled substance.

For you to find a defendant guilty of this crime, a lesser included offense, under Counts 1, 2, and 3, the government must prove these essential elements beyond a reasonable doubt; otherwise you must find the defendant not guilty of these lesser included offenses.





INSTRUCTION NUMBER 17

You will note that 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 in the Indictment.

































INSTRUCTION NUMBER 18

An act is done "knowingly" if a defendant realized what he was doing and did not act through ignorance, mistake or accident. You may consider the evidence of a defendant's act and words, along with all the other evidence, in deciding whether a defendant acted knowingly.





























INSTRUCTION NUMBER 19

You are instructed that the term "distribute" means to deliver a controlled substance to the possession of another person. The term "deliver" means the actual or attempted transfer of a controlled substance to the possession of another person. No consideration for the delivery need exist, and it is not necessary that the money or anything of value change hands. The law is directed at the act of distribution of a controlled substance and does not concern itself with any need for a "sale" to occur.































INSTRUCTION NUMBER 20

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 21

With regard to Counts 1 and 2, you are instructed as a matter of law that heroin is a Schedule I controlled substance. With regard to Count 3, you are instructed as a matter of law that cocaine base or "crack cocaine" is a Schedule 2 controlled substance. You must ascertain whether or not the substance in question was heroin with regard to Counts 1 and 2 and cocaine base or "crack cocaine" with regard to Count 3. In doing so, you may consider all the evidence in the case which may aid in the determination of that issue.

In determining whether the defendant is guilty of any charged offense or lesser included offense, the government is not required to prove that the amount or quantity of the controlled substance was as charged in the indictment. The United States need only prove beyond a reasonable doubt that there was a measurable amount of the controlled substance.

























INSTRUCTION NUMBER 22

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 delivered to the court security officer for destruction.























INSTRUCTION NUMBER 23

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 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 a 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.

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.

(CONTINUED)



INSTRUCTION NUMBER 23 (Cont'd)

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 24

Attached to these instructions you will find a Verdict Form. The Verdict Form is simply the written notice of the decision that you reach in this case. The answers to the Verdict Form must be the unanimous decision of the jury. You will take this form to the jury room, and when you have completed your deliberations and each of you has agreed on the verdict, your foreperson will fill in the 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.

























IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION



UNITED STATES OF AMERICA,



Plaintiff,



vs.



DEON HARRIS,



Defendant.

)

)

)

)

)

)

)

)

)

)





No. CR 01-0074













VERDICT FORM

COUNT 1 (Possession with Intent to Distribute Heroin)

As to the charge of possession with intent to distribute a substance containing a detectable amount of heroin, We the Jury, find Defendant, DEON HARRIS:

Not Guilty________ Guilty_________

(If you found the defendant guilty, proceed to consideration of Count 2. If you found the defendant not guilty, go on to consider the lesser included offense of possession of a controlled substance as to Count 1.)

Lesser Included Offense (Possession)

As to the charge of possession of a mixture or substance containing a detectable amount of heroin, We the Jury, find Defendant DEON HARRIS:

Not Guilty   Guilty  

COUNT 2 (Possession with Intent to Distribute Heroin)

As to the charge of possession with intent to distribute a substance containing a detectable amount of heroin, We the Jury, find Defendant, DEON HARRIS:

Not Guilty________ Guilty_________



(If you found the defendant guilty, proceed to consideration of Count 3. If you found the defendant not guilty go on to consider the lesser included offense of Count 2.)

Lesser Included Offense (Possession)

As to the charge of possession of a mixture or substance containing a detectable amount of heroin, We the Jury, find Defendant DEON HARRIS:

Not Guilty   Guilty  

COUNT 3 (Possession with Intent to Distribute Cocaine Base,

commonly called "crack cocaine")

As to the charge of possession with intent to distribute a mixture or substance containing a detectable amount of cocaine base, commonly called "crack cocaine," We the Jury, find Defendant, DEON HARRIS:

Not Guilty________ Guilty_________





(If you found the defendant guilty, do not answer any further questions. If you found the defendant not guilty go on to consider the lesser included offense as to Count 3.)

Lesser Included Offense (Possession)

As to the charge of possession of a mixture or substance containing a detectable

amount of cocaine base, commonly called "crack cocaine," We the Jury, find Defendant DEON HARRIS:

Not Guilty   Guilty  







FOREPERSON


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