IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION



UNITED STATES OF AMERICA,



Plaintiff,



vs.



TURE DONTIZE MORROW,



Defendant.

)

)

)

)

)

)

)

)

)





No. CR O2-0062





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 ______

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




































































INSTRUCTION NUMBER ______

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______

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 _____

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 the facts that have been stipulated -- that is, formally agreed to by the parties.

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.





INSTRUCTION NUMBER ______

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





































INSTRUCTION NUMBER ______

You have heard testimony that Ture Morrow made a statement to Officer Henderson and Sergeant Strother. 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 ______

You have heard evidence that Ture Morrow 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 crimes charged here.































INSTRUCTION NUMBER ______

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_____

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 _____

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 _____

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 _____

The Indictment in this case charges in Count 1 that on or about August 23, 2002, in the Northern District of Iowa, the Defendant, TURE DONTIZE MORROW, did knowingly and unlawfully possess a firearm, after having been previously convicted of a crime punishable by a term of imprisonment exceeding one year. The Indictment also charges in Count 2 that on or about August 23, 2002, in the Northern District of Iowa, the Defendant, TURE DONTIZE MORROW, did knowingly and unlawfully possess a firearm, after having been previously convicted of a misdemeanor crime of domestic violence.

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. 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 _____

The crime of possession of a firearm after having been previously convicted of a crime punishable by a term of imprisonment exceeding one year, as charged in Count 1, has three essential elements, which are:

(1) On or about August 23, 2002, the defendant knowingly possessed a firearm, that is a Bond Arms .45 Long Colt Derringer, serial number 6238;



(2) Prior to possessing the firearm, the defendant had been convicted of an offense punishable by a term of imprisonment exceeding one year; and



(3) The firearm had been transported across a state line at some time prior to the defendant's possession of the firearm.



As to element two, the parties have stipulated that prior to August 23, 2002 the defendant had been convicted of a crime punishable by a term of imprisonment exceeding one year.

For you to find the defendant guilty of the crime of possession of a firearm after having been convicted of a crime punishable by a term of imprisonment exceeding one year, the government must prove each of these elements beyond a reasonable doubt; otherwise, you must find the defendant not guilty of Count 1.



INSTRUCTION NUMBER _____

The crime of possession of a firearm after having been previously convicted of a misdemeanor crime of domestic violence, as charged in Count 2, has three essential elements, which are:

(1) On or about August 23, 2002, the defendant knowingly possessed a firearm, that is a Bond Arms .45 Long Colt Derringer, serial number 6238;



(2) Prior to possessing the firearm, the defendant had been convicted of a misdemeanor crime of domestic violence; and



(3) The firearm had been transported across a state line at some time prior to the defendant's possession of the firearm.

As to element two, the parties have stipulated that prior to August 23, 2002 the defendant had been convicted of a misdemeanor crime of domestic violence.

For you to find the defendant guilty of the crime of possession of a firearm after having been convicted of a misdemeanor crime of domestic violence, the government must prove each of these elements beyond a reasonable doubt; otherwise, you must find the defendant not guilty of Count 2.







INSTRUCTION NUMBER _____

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 _____ 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 _____

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.





















INSTRUCTION NUMBER _____

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 _____

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.

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.

It is not necessary for the government to prove that the defendant knew that the firearm charged in the Indictment had traveled in interstate commerce, that he himself transported it in interstate commerce, or that the defendant intended to violate a particular statute. Likewise, it is not necessary for the government to prove that the defendant knew that it was illegal to have the firearm in his possession within the meaning of the statute. Nor is it necessary for the government to prove who owned the weapon at any time. The statute involved speaks in terms of possession, not ownership.

















INSTRUCTION NUMBER _____

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 _____ (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 _____

You have heard testimony from Gene Coombs who was 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 opinions.

Expert testimony should be considered just like any other testimony. You may accept it 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 _____

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.







___________________ _______________________________

DATE LINDA R. READE, JUDGE

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF IOWA











IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

CEDAR RAPIDS DIVISION



UNITED STATES OF AMERICA,



Plaintiff,



vs.



TURE DONTIZE MORROW,



Defendant.

)

)

)

)

)

)

)

)

)





No. CR O2-0062











VERDICT FORM

COUNT 1

As to the charge of possession of a firearm after having been convicted of a



crime punishable by a term of imprisonment exceeding one year, We, the Jury, find



Defendant, TURE DONTIZE MORROW ____________________________.

Guilty / Not Guilty

COUNT 2

As to the charge of possession of a firearm after having been convicted of a



misdemeanor crime of domestic violence, We, the Jury, find Defendant, TURE



DONTIZE MORROW ___________________________________ .

Guilty / Not Guilty

FOREPERSON

__________________

DATE