Transcript
Page 1: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

STATE OF INDIANA

COUNTY OF MARION

JEFF HOWELL

vs.

STATE OF INDIANA

) ) ) ) ) ) ) ') )

IN THE MARION COUNTY SUPERIOR COURT CRIMINAL DIVISION 3

49G03-0807-PC-158636

( ' (' ' ' ' I', II

PETITIONER'S SUPPLEMENTAL EXHIBIT RECORD IN SUPPORT OF

PETITION FOR POST CONVICTION RELIEF

JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle IN 47362 Petitioner, prose

Page 2: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

Exhibit 41

Exhibit 42

Exhibit 43

Exhibit 44

Exhibit 45

Table of Contents*

Affidavit in Support of Petition for Post Conviction Relief ... . . . ... ............. 217

Affidavit of Malcolm McMakin ... . ......................... . ......... . .... . ...... . .. 225

Yahoo Terms ofService ......................................... . ........... . ...... . .. 229

Tips for Chatting Safely .. .. . .......... . . . ........ . .. . ....... ...... . ................... 231

Transcript of Chatbot Conversation ... ......... . .............. . ............ . .. . . . . .. 233

Affidavit ... .. .. . ............... . ... . ....................... .. . . ................ . ........ 237

Certificate of Service .. . .. . .. .... . ....... . ................. . ..... . ... . .... . ... . ........ 237

*Note: Exhibit and page numbers continued from Exhibit Record filed previously.

216

Page 3: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

EXHIBIT 41

AFFIDAVIT IN SUPPORT

OF

PETITION FOR

POST CONVICTION RELIEF

217

Page 4: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

STATE OF INDIANA

COUNTY OF MARION

JEFF HOWELL, Petitioner

v.

STATE OF INDIANA, Respondent

) ) ) )

. . .) ) ) ) ) ) ) )

SS:

IN THE MARION COUNTY SUPERIOR COURT CRIMINAL DIVISION 3

CAUSE NO. 49G03-0807-PC-158636

FITJ~~D

@ JUN 0 7 2010

~~- · . ~ CUI!K P THr MARION GIRe\.11'1' ~~~En'

AFFIDAVIT IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF

Comes now the Petitioner, Jeff Howell, prose, and being first duly sworn upon his oath,

deposes and says as follows:

1. I am the Petitioner in post conviction relief proceedings under above-captioned

cause.

2. In support of the allegations presented in my prose Petition for Post Conviction

Relief, I swear and affirm the following facts :

On or about May 1, 2008, I, Jeff Howell, did enter the adult-restricted Yahoo chat rooms,

where I observed, among the proliferation of chat bots, a screen name that was not engaging in

conversation inside the chat room. Not knowing if this was also a chat bot or an actual human

being, I observed the screen name, indydiamondgirl08, for some time. While observing the

screen name in the chat room, I viewed its associated profile, which showed a photo of a female,

purportedly named "Ash" or "Ashley" and who was purported to be in Indianapolis. There was

very little information displayed, unlike the information typically found on a profile for a real

human being. There was no age listed on indydiamondgirl08 's Yahoo profile. Believing, at this

time, that " indydiamondgirl08" was, perhaps, simply another chat bot, based on the fact that the

Yahoo chat rooms are proliferated with chat bats, I did a Google search of the screen name

believing that, perhaps, it might reveal whether or not "indydiamondgirl08" was a chat bot or

/' _,

Page 5: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

not. To my surprise, Google returned a "hit" on the screen name, which was a web page listing a

number of screen mimes in addition to indydiamondgirl08. Among the information contained on

this web page, were details indicating tbatall _ofth_~ s~r~en names listed thereon, were actually . . . . . ... .. - .. - . . . . . . ' . . ... . . . .. ... ' .... . ·.::: .. _ .. _. : ::: : :·::-:. :··.··. :- ... ·-:-.-.": ·- .:. :-:·::.·:;. ~.::: :···:.-: ·: :: .. : .. : :· -. --. - -- -

screen names being used. by law enforcement agencies engaged in Internet decoy operations.

The search results for indydiamondgirl08 revealed that this screen name was, apparently, being

used by "Darin Odier" and "Indianapolis, Ind." was listed under the "department" heading. The

last column of the search results page was labeled "Comments," with most ofthe entries listed as

"Confirmed" or "Probable but unconf.", presumably an abbreviated version of"probably but

unconfirmed." The word "confirmed" was included with the results for indydiamondgirl08 .

Thus, my conclusion was drawn that indydiariwndgirl08 was actually Darin Odier, whom I

presumed to be a police officer, with the Indianapolis [Metropolitan] Police Department, and that

this information had been confirmed in some way. I further concluded that this screen name and ""

individual (Odier) were being used in Internet decoy operations.

I then did a search for indydiamondgirl08 on MySpace, and did locate an associated

profile, which, like the Yahoo profile, listed very little information. The age on the MySpace

profile was listed as "99" (I have noted that the age now is listed as "1 01" on the most recent

MySpace profile, which will be included in Petitioner's Exhibit Record 1). There was no

information on either profile that would definitively identify indydiamondgirl08 as a minor.

Initially, I left the chat room area, and logged off of the computer. During the time I was

not on the computer, the question occurred to me, "Why would a law enforcement agency be

conducting a decoy operation in a chat room that was restricted to adults?" This, perhaps more

than it should have, began to irritate me that a law enforcement agency, or perhaps a "lone" law

enforcement officer, would be wasting resources, including time and tax-payer dollars,

conducting such an operation in an environment where there would be no minors for a potential

1 As this Affidavit is being written, Petitioner is gathering infonnation for his Exhibit Record, which contain documentation and evidence suppOrting his allegations presented in this Affidavit as well as the entire Post Conviction Relief process.

Zl?

Page 6: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

internet predator to contact. The more I considered this situation, the more infuriated I became,

admittedly, more so than I probably should have been, but at the same time, it has always been a

ultimately results in a waste of tax dollars, and the tax-payers, of which I am one, deserve a

better use of their hard-earned money, which they have involuntarily provided to better their

safety and security.

Thus, after pondering whether this is a sufficient disbursement of the citizens' tax dollars

in pursuit of their better protection, I decided to log back on to Yahoo chat, where I rejoined the

Indiana chat room where the decoy had been observed, and saw that he was still in the chat

room. I again observed him for several minutes, after which I made the decision, albeit perhaps

a rash decision given how infuriated I was at the time, to engage indydiamondgirl08 in a

conversation.

My initial conversation was somewhat innocuous, sharing the familiar "a/s/1"

(age/sex/location), in which indydiamondgirl08 claimed to be a 14 year old female from

Indianapolis. My intentions were to draw out information from this screen name that would

reveal that it was, in fact, a decoy. Among comments made during my initial conversation, I

allowed several opportunities for the decoy to "redeem" himself, by, for example, asking him if

he was a "cop looking for pervs" and using slang that would most likely only be known ts:>

someone involved in law enforcement. Also during this initial conversation, I made no attempt

to hide my identity, providing my real name, age, location, the fact that I also worked in law

enforcement, as well as a link to my My Space profile where my photos could be found . Ifi had

wanted to maintain my anonymity during any of the conversations, I most certainly could have

done so, by using a proxy server or "web anonymizer," however, my intent was not to avoid

discovery of my identity (bearing in mind that I also used my real name, location, and other

information during the initial contact, that would easily identify me). Rather, I wanted to make it

"easy" to find me, knowing that Odier would trace my IP address which would identify the

Page 7: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

connection point I was using to connect to the Internet. My intent was also to make Odier

believe that I believed that he was a 14 year old girl, thus my conversation was tailored to that

end. At no time did I ever believe I was actually communicating with a minor, based on the ...... ·····-·· ..... ··-- ... --- ...... .. . . --- · · ··: · .·· · :·"·- -·- .. ·-- ··:··---- --- ··-- ···- ·· -·· · -------------- -·-· ·----- -----------

results that I had obtained from my Google search ofOdier's fictitious screen name.

After the initial conversation with Oc;lier, I decided to switch to another screen name that I

had created some time ago and one in which I had taken on the persona of an 18 year old female

named Kristi Russell, with the screen name kristi_russell_90210. Knowing that Odier would be

able to easily connect that screen name to the screen name I was initially using (john_doe8238),

based on the fact that, assuming he would trace "Kristi's" IP address as well, the IP address

would be identical to the one being used for the john_doe8238 conversation, I knew that Odier

would eventually be able to tell that "Kristi" and I were one in the same.

The conversation using the "Kristi" persona was explicit in tone in order to grab Odier 's

full attention. Although this conversation was explicit, it was never obscene according to the

standards adopted by the U.S. Supreme Court to define obscenity. Also, during this

conversation, "Kristi" did offer to send Odier two photos, which he accepted, depicting nudity,

but these photos did not constitute obscenity under the U.S . Supreme Court 's definition of

obscenity. In addition, the fictitious "Ashley" (Odier) had to take affirmative steps to receive

those photos, after being presented with previews of those photos, called "thumbnails," in order

to actually receive the photos through Yahoo's photo sharing process. An individual has the

option of not downloading any photo proposed to him or her during the photo sharing process if

(s)he so chooses, for whatever reason. Thus, while this conversation might have been found to

be "offensive" to some people, as well as the photos that were offered to Odier's fictitious

persona, neither the conversation nor the photos were obscene, eve~ as to minors, under the U.S.

Supreme Court's definition of obscenity2. Additionally, Odier's fictitious persona was not forced

to view or download the two photos; he could have chosen to ignore them after viewing the

2 Petitioner will provide relevant citations in his Findings of Fact and Conclusions of Law.

z -~I

Page 8: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

thumbnails.

Odier's fictitious persona was also not forced to participate in the conversation,

.. notwithstandingthe factthat the cqn_versatiqnJqqk.place,or was initiated in, an adult ·--- . .. . - . . ... .. . ..... . _ __ .. ..... .... · . ·· . .. :: ... .. .. "' ··-· ::· - ··. -.·.·.:·.· --- · :···.·: ·•···;

environment that is restricted to users who are 18 or older. An individual, whether an adult or a

minor, certainly has the option of ignoring and even blocking messages from others that may be

encountered in a chat room or otherwise on the Internet. If an Internet user finds a conversation

offensive, (s)he can simply opt out of that conversation. There is no way to force someone into

an unwanted conversation on the Internet.

The conversation between "Kristi" and Odier's fictitious persona was carefully

constructed so as not to violate any laws, even if it would have involved an actual minor. There

was no solicitation for sex, and there was no solicitation to meet or otherwise make contact

outside of the relative safe confines of the Internet. Although Odier's fictitious persona was ~

posed the question "would you ever want to meet" there was obviously never the intention to

follow up on that, knowing that indydiamondgirl08 was actually Odier. Odier 's fictitious

persona was also asked for "her" phone number, which was provided, but there was never an

attempt to call that number, knowing that it was associated with Odier. While the "Kristi"

conversation did involve female masturbation aimed at Odier's fictitious persona, masturbation

by a minor, alone, in the privacy of his or her own home, is not a crime in Indiana, even when an

adult female is "coaching" the minor involving a normal, healthy, activity. Again, Odier 's

fictitious persona was not forced to engage in any conduct unwillingly.

After the two initial primary conversations on May 1, 2008, there was little contact with

Odier 's fictitious persona, except for an occasional message on the order of "hey, how are you

doing?" These incidental messages were intended as "follow-up" contact to make Odier believe

that I was still "interested" in whatever it was Odier thought I was interested in.

My knowledge that, as ruled by the U.S. Supreme Court, the Internet receives full First

Amendment protection, and the fact that these conversations took place or were initiated in im

Page 9: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

adult environment that is a chat room known to me to be restricted to individuals who are at ' '

least 18 years of age, along with the fact that I had done a Google search of Odier's fictitious

- -,_screen,name,, and that search.revealed tlJ.at indydiamondgirl 08. was iQ_fact ;:t§$Ociated with

Internet decoy operations, makes it clear that I had no criminal intent and that at no time did I

believe I was in contact with an actual minor. Additionally, even if an actual minor had been

involved, still no crime was committed as none of the actions that I took would have constituted

a crime under current statutes.

I am not a pedophile, hebephile, ephebophile, nor am I an Internet, or any other kind of,

predator. My exhibits to be filed in this action will support the fact that I committed no crime_ I

will also provide exculpatory documentation t~at trial counsel failed or refused to present at trial,

as well as support my allegations that Odier lied about Yahoo's chat room age restriction and the

requirement to enter a date of birth when creating a Yahoo account/profile. _.

Further Affiant sayeth naught.

I hereby swear and affirm under the penalties for perjury that the foregoing

representations are true and correct to the best of my knowledge and belief

Affiant

Page 10: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

CERTIFICATE OF SERVICE

I, JeffHowell, do hereby certify that a true and correct copy of the foregoing Affidavit in Support

of Petition for Post Conviction Relief was served upon the Marion County Prosecutor (71 ~ J---/1 ~ 1 / . / this day of_-=_v_/_...,_"'"" __ ___, 2010, by placing a copy of same in the United States

Mail, First Class, postage pre-paid.

Petitioner, pro se Jeff Howell 2497 Middle Leesville Rd. Bedford IN 47421

Page 11: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

EXHIBIT42

AFFIDAVIT

OF

MALCOLM MCMAKIN

225

Page 12: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

SJ'j\ TE OF INDIANA

COUNTY OF MARION

JEFF HOWELL

vs.

STATE OF INDIANA

) ) ) ) ) ) ) ) )

IN THE MARION COUNTY SUPERIOR COURT CRIMINAL DNISION 3

49003-0807-PC-158636 49G03-0811-PC-270239

AFFIDAVIT

c;,~\ ~

Comes now the Affiant, Malcolm McMakin, and declaring under oath and penalty of perjury

deposes and says the following in support of the Petition for Post Conviction Relief filed under

the above-captioned cause:

I have been acquainted with Jeff Howell since the early 1990s. I have a backgr6tmcl in law

enfbrceinent, and have served, inter aiia, as a Chief Deputy C6roner and Speclal Deputy Sheriff.

Along with Mr. H~~ell, I WaS a ' f~unding fu~oer/emplo~~e .ofthe: tf.S.Department6f •' .

Homeland Security.

Mr. Howell is a dedicated public servant with an admirable reputation among the law

enforcement community. He does not take his oath lightly. He is well decorated, having been

recognized by Governors, Senators, and Members of Congress.

Mr. Howell had indicated to me,.prior to his trial, that he had engaged in the chat with Det.

O(lier, knowing that he was actually chatting with Odier after conducting a Google search, the

results of which revealed that the screen name used by Odier was actually Odier. Mr. Howell

told me that he engaged Odier in the chat in order to challenge the constitutionality oflndiana's

child solicitation statute. Mr. Howell told me that this chat occurred in a chat room that was

restricted to adults. I was further told by Mr. Howell, prior to his trial, that he had

documentation saved on a thumb drive that would prove his innocence. After his trial, Mr.

How~li told rile that his attorney f~iled to p~es.~nt ilrty ~f thiS' ~xculpatory evidence· and that Odier

had. iled~tthe tnaL Mr. H~well'ai~o ~xplai~ed that-he' had ask~da friend to.log on tohis:·yah:o()

account and send innocuous Il1essages to Odier to simply prove that it cnuldbe done, because ·

Page 13: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

Odier had apparently indicated that no one could log on to an account other than the account

owner. Mr. Howell also told me that he wanted that friend to testify at his trial.

Prior to Mr. Howell's trial, I had expressed to Mr. Howell my desire to testify before the

Court, however, I was never given the opportunity to testify about any of the matters presented in

this affidavit.

Further, Affiant Sayeth Naught.

I hereby swear and affirm under the penalties for peijury that I have read the foregoing and

that it is true and correct to the best of my knowledge, belief and recollection.

)a;l}'i fi-~J& a~ /1)~11

--,:" ... . 0. 0 0 '--,(\ , ~ (\fln " -\ ,), . U<.&---10 \A.. \ ~ \~ . . Malcolm McMakin 7648 E. County Road 650 S. Hardinsburg IN 4 7125 812-472-3007

r;}(~ re..6·/ .-;y l/J Wr;;-.o'on 'V--7' 1f t!..ol??/-l;J,.;;>fl<>» a;yJYe J J/ J;l-c:?o/0--'

Page 14: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

CERTIFICATE OF SERVICE

/Fr~ . I hereby certify that on this -day of April, 2011, a true and accurate copy of the

foregoing Affidavit was duly served upon Julie Kirchoff, Marion Count)' Deputy Prosecutor, 251

E. Ohio Street, Room 160, Indianapolis IN 46204, by placing same in the U.S. Mail~ postage

prepaid.

·. (}:7 . . P·ertier :p;:ose-==- .. JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle, IN 47362

Page 15: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

EXHIBIT43

YAHOO

TERMS OF SERVICE

229

Page 16: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

i' . .

Yahoo! Terms of Service

Yahoo! Info Center> Yahoo! Terms Center> Yahoo' Terms of Service Ernail Print

Yahoo! Terms of Service

1. ACCEPTANCE OF TERMS

Yahoo! Inc. ("Yahoo!") welcomes you. Yahoo! provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://info. yahoo.com/legal/us/yahoo/utos/utos-173.html. In addition, when using particular Yahoo! owned or operated services, you and Yahoo! shall be subject to any posted guidel ines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Yahoo! may also offer other services that are governed by different Terms of Service. For instance, different terms apply to homesteaders on Yahoo! GeoCities or members of AT&T Yahoo! Dial or AT&T Yahoo! High Speed.

2. DESCRIPTION OF SERVICE

Yahoo! provides users with access to a rich collection of resources, including various communications tools , forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Yahoo! to provide the Service. You also understand and agree that the Service may include certain communications from Yahoo!, such as service announcements, administrative messages and the Yahoo! Newsletter, and that these communications are considered part of Yahoo! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Yahoo! properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Yahoo! assumes no responsibility for the timeliness, deletion. mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve th ird-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition , you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Unrted States or other applicable jurisdiction. You also agree to: (a) provide true. accurate . current and complete inform ation about yourself as prompted by the Service's registration form i the "Registratron Data") and (b) maintain and promptly update the Registration Data to keep it true. accurate, current and complete. If you provide any information that is untrue. inaccurate. not current or incomplete. or Yahoo! has reasonable grounds to suspect that such information is

Seat ·· -

Page 17: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

EXHIBIT44

TIPS FOR

CHATTING SAFELY

231

Page 18: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

YA:a:aor MEssENGER

Tutorials Contac t u~

~") t: c;t!L t! ne1p. Search

Tios for Chattino Safelv

Yahoo' Chat allows people from all over the world to chat. make friends and build communi ties. Chat Ciln OP fjn Pnrirhino exnNiPn('f' hut I?VPNnnf' Shnlltrl he 'lW;Jrp !hilt likP in il!lV Ollhlir. <Jreil 00 thp

To heir) r: ref!te il s'! fe r hilttioo PxoPrif'!nce we have or1t too.ether thi<>. ouirle to he/Q or1r customers

Cn;-atinq ;m ID for Chattinq

Each person who ventures online needs an 10-a unique nrckname (or alias) that allov.-s him or her to be recoonizerl while nariicio<Jtino io the lnternPt communifv

Yahoo' Chat offers members the abilitv to chat under aliases . which allows them to hide their email ilrldre"ses W P encoumae vo11 to U"-e this tea twe to orolect vour identitv ilnd orpvent random

EntNin() an alias

Enierrng an alias is easy Aller you jolfl a room (to do iilat, ciick the Messenger menu. ciick Yahoo !

Chat then Join il Room\ iust tvoP iln ali<Js after "Enter Chil l room as ··

Remember. your alias is a way that others in the chat can identify you . Our recommendation is to NOT divuloe anv accurate oersonal information in vour <'!l ias You don't wilnt st ran!Jers to know ton mucrt about you just !rorn reod:n9 ycur if...'.

Online IDs can communicate somethino about the oerson bP.h ind them so be certain of what vou are willing to share. For example . the name ''Butterflyfan'' communicates that a user might be fond of butterflies There is litt.le risk of someone beino able to distinouish one fan of butterflies from thp millions of others who exist in the world . On trr"e other !land. fhe name "Butterflies4Jane" mav ao too f::Jr It orovides someone with a name--both il convers;Jtion starter and a misguided sense of • ra rn;nanry

When creating a new online I D. vou mav want to leave out the following ~:~ersonal information·

r· i! Sl ?.no !Ct.Sl ncorne .A.ddress Ph0ne nur;!b~~ Family names

Whatever vou choose remember that VOtJr ID should he suitable not too revealing and lmost !lllpOf\il!'llj !Ui'l '

Tips for Safe Chattin!'!

Don't chat about things that could enable a stranger to locate you. That includes vour last name. the name of vour school or workplace the citv vou live in arnJ where votr hano out

Protect your info . Don't put identifiable information in your user profile . including photos . What's uolnaded to the Internet c.<~n he downloaded anti shared bv eveNone Avoid oostino ohotos thilt allow people to identify you. especially sexually suggestive images. Before uploading a photo . think ahotrt how you'd feel if it were seen bv il parent . frien<i . or future emolover

Never meet with someone you encounter in a chat room unless you alre ady kr.ov,o wr;o they c;re.

Be honest ilbout your age &ahoiOi ChiltiSJestrlded·to·Uiers-!Nho 9;.., 18 ~·ofage ·or older If vr:>u are too young to sign up. do not attempt to lie about your age . Talk with your parents about alternative sites !hilt mav be aonropriate for vou

AOO!tlonar t-<esour c·es

For more information about online Silfetv as well as how to handle and reoori abuse on Yilhoo' Chat, piease visit the foiiowing Yahoo ~ sites :

Online Safetv htlp'l/family yahoo com/

http://help.yahoo.comll/us/yahoo/messenger/messenger9/chat/mstachatsafe.html

Page I of2

9/16/2008

Page 19: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

EXHIBIT45

TRANSCRIPT OF

CHATBOT

CONVERSATION

233

Page 20: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

(

inspector _gadget_ 02: hello Alexis McCutcheon: hey what's up? inspector_gadget_02: nm u? Alexis McCutcheon: nm just chillin inspector _gadget_ 02: cool Alexis McCutcheon: yeah i guess inspector_gadget_02: a/s/1? Alexis McCutcheon: 15/f/Columbus inspector_gadget_02: what's your name? Alexis McCutcheon: Alexis inspector_gadget_02: are you really 15?

Attachment 4

Alexis McCutcheon: sure, if you want me to be 15 then i'm 15 inspector _gadget_ 02: how old are you for real? Alexis McCutcheon: how old do u want me to be? inspector _gadget_ 02: are you a cop looking for pervs? Alexis McCutcheon: lol of course not inspector _gadget_ 02: are you a bot? Alexis McCutcheon: what's a bot? inspector_gadget_02: nm Alexis McCutcheon: k inspector _gadget_ 02: where do u go to school? Alexis McCutcheon: columbus north inspector_gadget_02: what do you look like? Alexis McCutcheon: umm well i'm about 5-2 95 pounds blonde hair and blue eyes inspector _gadget_ 02: how long is your hair? Alexis McCutcheon: just past my shoulders inspector _gadget_ 02: whats ur favorite tv show? Alexis McCutcheon: well i don't watch much tv but i like survivor and are you smarter than a 5th grader · inspector _gadget_ 02: cool Alexis McCutcheon: yeah i guess inspector_gadget_02: what do your parents do? Alexis McCutcheon: well my mom's a nurse and i haven't seen my dad in a long time inspector_gadget_02: does your mom work at a hospital? Alexis McCutcheon: no she works at a doctor's office inspector_gadget_02: do you have any brothers or sisters? Alexis McCutcheon: i have a brother that lives in evansville and a sister in california inspector_gadget_02: what r u wearing? Alexis McCutcheon: umm pink shirt and blue jean shorts inspector_gadget_02: what kind of music do you like? Alexis McCutcheon: all kinds really but rock mostly inspector _gadget_ 02: what's your favorite group? Alexis McCutcheon: hmmm well i like nickelback a lot inspector_gadget_02: what do you wanna do after school?

Page 21: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

(

Alexis McCutcheon: yes i'm a virgin as far as sex is concerned inspector _:_gadget_ 02: whats that suppose to mean? Alexis McCutcheon: well i sorta got hurt riding my horse ifu no what i mean inspector _gadget_ 02: oh ok i gotcha Alexis McCutcheon: yeah technically cuz of that i'm not a virgin but i've never had sex inspector_gadget_02: can i call you sometime? Alexis McCutcheon: yeah but not unless i know u r gonna call cuz it has to be when mom's not here inspector _gadget_ 02: whats ur number? Alexis McCutcheon: 812-379-4567 inspector _gadget_ 02: well i have to go but i hope to talk again soon Alexis McCutcheon: ok ttyl inspector _gadget_ 02: bye Alexis McCutcheon: see ya

Page 22: Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

AFFIDAVIT

I, Jeff Howell, do hereby swear or affirm under penalties for pe:rjury, that the material

presented in the foregoing is authentic, true and complete in every respect, to the best of my

knowledge and belief.

Jeff Howell, Petitioner, prose

CERTIFICATE OF SERVICE

I, Jeff Howell, do herby certify that a true and correct copy of the foregoing was served

upon Julie Kirchoff, Marion County Deputy Prosecutor, 251 E. Ohio Street, Room 160,

Indianapolis IN 46204, this 19th of August, 2011, by depositing in the prison mail system for

delivery by U.S. Mail, First Class, postage pre-paid.

237

Petitioner, pro se JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle IN 47362


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