SlideShare a Scribd company logo
1 of 22
Download to read offline
STATE OF INDIANA           )   IN THE MARION COUNTY SUPERIOR COURT
                           )   CRIMINAL DIVISION 3
COUNTY OF MARION           )
                           )    49G03-0807-PC-158636
JEFF HOWELL                )
                           )
     vs.                   )
                          ')
STATE OF INDIANA           )
                                                       (   ' ('   '   '   '   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
Table of Contents*

Exhibit 41    Affidavit in Support of Petition for Post Conviction Relief... ... ... ............. 217

Exhibit 42    Affidavit of Malcolm McMakin ... .......................... .......... ..... . ...... ... 225

Exhibit 43    Yahoo Terms ofService ......................................... ............ ....... ... 229

Exhibit 44    Tips for Chatting Safely .... ........... ... ........ . .. . ....... ...... .................... 231

Exhibit 45    Transcript of Chatbot Conversation ... ......... ............... ............. ... ...... 233



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

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




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




                                                      216
EXHIBIT 41



 AFFIDAVIT IN SUPPORT

          OF

     PETITION FOR

POST CONVICTION RELIEF




          217
STATE OF INDIANA                   )           IN THE MARION COUNTY SUPERIOR COURT
                                    )           CRIMINAL DIVISION 3
                                    ) SS:
 COUNTY OF MARION                   )           CAUSE NO. 49G03-0807-PC-158636
                              ..   .)
 JEFF HOWELL,                       )
       Petitioner                   )
                                    )                                 FITJ~~D
        v.                          )
                                    )                      @         JUN 0 7 2010
 STATE OF INDIANA,                  )
      Respondent                    )                              ~~- ·              .   ~
                                                              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


                                                                                                      /'   _,
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?
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
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 .
                                                                                                    2
Supreme Court's definition of obscenity                                                                 .     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
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
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
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
this
        ~           J---/1   ~   1 /./
          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
EXHIBIT42



   AFFIDAVIT

      OF

MALCOLM MCMAKIN




      225
SJ'jTE OF INDIANA                       )       IN THE MARION COUNTY SUPERIOR COURT
                                          )       CRIMINAL DNISION 3
 COUNTY OF MARION                         )
                                          )        49003-0807-PC-158636
 JEFF HOWELL                              )        49G03-0811-PC-270239
                                          )
         vs.                              )
                                          )
 STATE OF INDIANA                         )
                                                                      c;,~
                                                                      ~


                                              AFFIDAVIT

     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 ·
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.


                                                                          .
                                                                   --: . ,),. 0. 0U<.&---10 A..,~ (fln "
                                                                     ,-" . 0 '--,(  ~ ~
                                                                   Malcolm McMakin
                                                                                                       .


                                                                   7648 E. County Road 650 S.
                                                                   Hardinsburg IN 4 7125

  )a;l}'i fi-~J& a~ /1)~11
                                                                   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--'
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;:ose-==-
                                                 . P·e rtier
                                                   JeffHowell #194392
                                                   New Castle Correctional Facility
                                                   P.O. Box A
                                                   New Castle, IN 47362
EXHIBIT43



    YAHOO

TERMS OF SERVICE




       229
i' . .


                                                                                                                             ·· -   Seat




          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 third-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
                 equ ipment 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 rece iving services un der the laws of the
                Unrted States or oth er applicable jurisdiction . You also agree to: (a) provide true. acc urate .
                current and complete inform ation about yourself as prompted by the Service's registration form
                i th e "Registratron Data") and (b) maintain and promptly update the Registration Data to keep it
                true. accurate, current and complete. If you provide any in formation that is untrue. inaccurate.
                not current or incomplete. or Yahoo! has reason able grounds to suspect that such inform ation is
EXHIBIT44



    TIPS FOR

CHATTING SAFELY




      231
Page I of2




  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
                        OP fjn Pnrirhino exnNiPn('f' hut I?VPNnnf' Shnlltrl he 'lW;Jrp !hilt likP in il!lV Ollhlir. <Jreil 00 thp
                     Ciln


                     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 1        0-a unique nrckname (or alias) that allov.-s him or her
                     to be recoonizerl while narii cio<Jtino io the lnternPt communifv
                 Yahoo' Chat offers members the abilitv to chat under aliases . which allows them to hi de their email
                 ilrldre"ses W P enco um ae vo11 to U"-e thi s 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 Chill room as   ··

                 Remember. your alias is a way tha t others in the chat ca n id en tify you . Our recommendation is to
                 NOT divuloe anv accurate oersonal information in vour <'!lias You don't wilnt stran!Jers to know ton
                 mucrt about you just !rorn reod:n9 ycur if...'.
                Online IDs can communicate somethino about the oerson bP.hind 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;nan ry

                When creating a new online ID. vou mav want to leave out the following                   ~:~erso nal   information ·

                r· i! Sl ?.no   !Ct.Sl   ncorne
                .A.ddress
                Ph 0ne       nur;!b~~
                Family names
                Whatever vou choose remember that VOtJr ID should he suitable not too revealing and lmost
                !lllpOfil!'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 peop le to identify you. especially sexually suggestive ima ges. 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!tl onar t-<esour c·e s

               For more information about on line Silfetv as well as how to handle and reoori abuse on Yilhoo'
               Cha t, piease visit the foiiowing Y ahoo ~ sites :
              Online Safetv
              htlp'l/family yahoo com/



http://help.yahoo.comll/us/yahoo/messenger/messenger9/chat/mstachatsafe.html                                                            9/16/2008
EXHIBIT45



TRANSCRIPT OF

  CHATBOT

CONVERSATION




     233
(



                                          Attachment 4

  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?
 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?
(


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
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.




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




                                               237

More Related Content

Similar to Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

Fbi case gap international & win tv theft 2011
Fbi case gap international & win tv theft 2011Fbi case gap international & win tv theft 2011
Fbi case gap international & win tv theft 2011Gérard Angé
 
Think New Think New Zealand Essay Competition
Think New Think New Zealand Essay CompetitionThink New Think New Zealand Essay Competition
Think New Think New Zealand Essay CompetitionCarmen Tran
 
In camera affadavit_yeates
In camera affadavit_yeatesIn camera affadavit_yeates
In camera affadavit_yeatesClifford Stone
 
Ultimate Guide On How To Write A Conclusion For An Essay Writing ...
Ultimate Guide On How To Write A Conclusion For An Essay  Writing ...Ultimate Guide On How To Write A Conclusion For An Essay  Writing ...
Ultimate Guide On How To Write A Conclusion For An Essay Writing ...Elizabeth Allen
 
Dawn Estep: Sued for Fraud
Dawn Estep: Sued for FraudDawn Estep: Sued for Fraud
Dawn Estep: Sued for Fraudgojit
 
Motion to dismiss_defective_info-J JOHN SEBASTIAN ATTORNEY
Motion to dismiss_defective_info-J JOHN SEBASTIAN  ATTORNEYMotion to dismiss_defective_info-J JOHN SEBASTIAN  ATTORNEY
Motion to dismiss_defective_info-J JOHN SEBASTIAN ATTORNEYjjohnsebastianattorney
 
Trending Essay Examples With Quote
Trending Essay Examples With QuoteTrending Essay Examples With Quote
Trending Essay Examples With QuoteCynthia Wilson
 
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...Brandi Gonzales
 
How To Begin Your College Essay. Online assignment writing service.
How To Begin Your College Essay. Online assignment writing service.How To Begin Your College Essay. Online assignment writing service.
How To Begin Your College Essay. Online assignment writing service.Cheraghearzu Donaldson
 
WATERSHED: Trillion-Dollar Lawsuit Could End Financial Tyranny
WATERSHED: Trillion-Dollar Lawsuit Could End Financial TyrannyWATERSHED: Trillion-Dollar Lawsuit Could End Financial Tyranny
WATERSHED: Trillion-Dollar Lawsuit Could End Financial TyrannyZurich Files
 
Reflection Essay Outline
Reflection Essay OutlineReflection Essay Outline
Reflection Essay OutlinePamela Brown
 
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx
 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docxjoyjonna282
 
J Essayerai De. Online assignment writing service.
J Essayerai De. Online assignment writing service.J Essayerai De. Online assignment writing service.
J Essayerai De. Online assignment writing service.Kim Cannon
 

Similar to Supplemental Exhibit Record in Support of Petition for Post Conviction Relief (14)

Fbi case gap international & win tv theft 2011
Fbi case gap international & win tv theft 2011Fbi case gap international & win tv theft 2011
Fbi case gap international & win tv theft 2011
 
Think New Think New Zealand Essay Competition
Think New Think New Zealand Essay CompetitionThink New Think New Zealand Essay Competition
Think New Think New Zealand Essay Competition
 
Hurt Feelings Essay
Hurt Feelings EssayHurt Feelings Essay
Hurt Feelings Essay
 
In camera affadavit_yeates
In camera affadavit_yeatesIn camera affadavit_yeates
In camera affadavit_yeates
 
Ultimate Guide On How To Write A Conclusion For An Essay Writing ...
Ultimate Guide On How To Write A Conclusion For An Essay  Writing ...Ultimate Guide On How To Write A Conclusion For An Essay  Writing ...
Ultimate Guide On How To Write A Conclusion For An Essay Writing ...
 
Dawn Estep: Sued for Fraud
Dawn Estep: Sued for FraudDawn Estep: Sued for Fraud
Dawn Estep: Sued for Fraud
 
Motion to dismiss_defective_info-J JOHN SEBASTIAN ATTORNEY
Motion to dismiss_defective_info-J JOHN SEBASTIAN  ATTORNEYMotion to dismiss_defective_info-J JOHN SEBASTIAN  ATTORNEY
Motion to dismiss_defective_info-J JOHN SEBASTIAN ATTORNEY
 
Trending Essay Examples With Quote
Trending Essay Examples With QuoteTrending Essay Examples With Quote
Trending Essay Examples With Quote
 
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...
Custom Essay Writing Service Reviews. Top 5 Custom Essay Writing ...
 
How To Begin Your College Essay. Online assignment writing service.
How To Begin Your College Essay. Online assignment writing service.How To Begin Your College Essay. Online assignment writing service.
How To Begin Your College Essay. Online assignment writing service.
 
WATERSHED: Trillion-Dollar Lawsuit Could End Financial Tyranny
WATERSHED: Trillion-Dollar Lawsuit Could End Financial TyrannyWATERSHED: Trillion-Dollar Lawsuit Could End Financial Tyranny
WATERSHED: Trillion-Dollar Lawsuit Could End Financial Tyranny
 
Reflection Essay Outline
Reflection Essay OutlineReflection Essay Outline
Reflection Essay Outline
 
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx
 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CA.docx
 
J Essayerai De. Online assignment writing service.
J Essayerai De. Online assignment writing service.J Essayerai De. Online assignment writing service.
J Essayerai De. Online assignment writing service.
 

Recently uploaded

AXA XL - Insurer Innovation Award Americas 2024
AXA XL - Insurer Innovation Award Americas 2024AXA XL - Insurer Innovation Award Americas 2024
AXA XL - Insurer Innovation Award Americas 2024The Digital Insurer
 
Exploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone ProcessorsExploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone Processorsdebabhi2
 
Manulife - Insurer Transformation Award 2024
Manulife - Insurer Transformation Award 2024Manulife - Insurer Transformation Award 2024
Manulife - Insurer Transformation Award 2024The Digital Insurer
 
DEV meet-up UiPath Document Understanding May 7 2024 Amsterdam
DEV meet-up UiPath Document Understanding May 7 2024 AmsterdamDEV meet-up UiPath Document Understanding May 7 2024 Amsterdam
DEV meet-up UiPath Document Understanding May 7 2024 AmsterdamUiPathCommunity
 
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWER
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWEREMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWER
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWERMadyBayot
 
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobe
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, AdobeApidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobe
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobeapidays
 
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdf
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdfRising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdf
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdfOrbitshub
 
Strategize a Smooth Tenant-to-tenant Migration and Copilot Takeoff
Strategize a Smooth Tenant-to-tenant Migration and Copilot TakeoffStrategize a Smooth Tenant-to-tenant Migration and Copilot Takeoff
Strategize a Smooth Tenant-to-tenant Migration and Copilot Takeoffsammart93
 
CNIC Information System with Pakdata Cf In Pakistan
CNIC Information System with Pakdata Cf In PakistanCNIC Information System with Pakdata Cf In Pakistan
CNIC Information System with Pakdata Cf In Pakistandanishmna97
 
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...Angeliki Cooney
 
Artificial Intelligence Chap.5 : Uncertainty
Artificial Intelligence Chap.5 : UncertaintyArtificial Intelligence Chap.5 : Uncertainty
Artificial Intelligence Chap.5 : UncertaintyKhushali Kathiriya
 
Ransomware_Q4_2023. The report. [EN].pdf
Ransomware_Q4_2023. The report. [EN].pdfRansomware_Q4_2023. The report. [EN].pdf
Ransomware_Q4_2023. The report. [EN].pdfOverkill Security
 
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...apidays
 
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...apidays
 
Boost Fertility New Invention Ups Success Rates.pdf
Boost Fertility New Invention Ups Success Rates.pdfBoost Fertility New Invention Ups Success Rates.pdf
Boost Fertility New Invention Ups Success Rates.pdfsudhanshuwaghmare1
 
Polkadot JAM Slides - Token2049 - By Dr. Gavin Wood
Polkadot JAM Slides - Token2049 - By Dr. Gavin WoodPolkadot JAM Slides - Token2049 - By Dr. Gavin Wood
Polkadot JAM Slides - Token2049 - By Dr. Gavin WoodJuan lago vázquez
 
Finding Java's Hidden Performance Traps @ DevoxxUK 2024
Finding Java's Hidden Performance Traps @ DevoxxUK 2024Finding Java's Hidden Performance Traps @ DevoxxUK 2024
Finding Java's Hidden Performance Traps @ DevoxxUK 2024Victor Rentea
 
Cloud Frontiers: A Deep Dive into Serverless Spatial Data and FME
Cloud Frontiers:  A Deep Dive into Serverless Spatial Data and FMECloud Frontiers:  A Deep Dive into Serverless Spatial Data and FME
Cloud Frontiers: A Deep Dive into Serverless Spatial Data and FMESafe Software
 
presentation ICT roal in 21st century education
presentation ICT roal in 21st century educationpresentation ICT roal in 21st century education
presentation ICT roal in 21st century educationjfdjdjcjdnsjd
 
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...Zilliz
 

Recently uploaded (20)

AXA XL - Insurer Innovation Award Americas 2024
AXA XL - Insurer Innovation Award Americas 2024AXA XL - Insurer Innovation Award Americas 2024
AXA XL - Insurer Innovation Award Americas 2024
 
Exploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone ProcessorsExploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone Processors
 
Manulife - Insurer Transformation Award 2024
Manulife - Insurer Transformation Award 2024Manulife - Insurer Transformation Award 2024
Manulife - Insurer Transformation Award 2024
 
DEV meet-up UiPath Document Understanding May 7 2024 Amsterdam
DEV meet-up UiPath Document Understanding May 7 2024 AmsterdamDEV meet-up UiPath Document Understanding May 7 2024 Amsterdam
DEV meet-up UiPath Document Understanding May 7 2024 Amsterdam
 
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWER
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWEREMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWER
EMPOWERMENT TECHNOLOGY GRADE 11 QUARTER 2 REVIEWER
 
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobe
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, AdobeApidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobe
Apidays New York 2024 - Scaling API-first by Ian Reasor and Radu Cotescu, Adobe
 
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdf
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdfRising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdf
Rising Above_ Dubai Floods and the Fortitude of Dubai International Airport.pdf
 
Strategize a Smooth Tenant-to-tenant Migration and Copilot Takeoff
Strategize a Smooth Tenant-to-tenant Migration and Copilot TakeoffStrategize a Smooth Tenant-to-tenant Migration and Copilot Takeoff
Strategize a Smooth Tenant-to-tenant Migration and Copilot Takeoff
 
CNIC Information System with Pakdata Cf In Pakistan
CNIC Information System with Pakdata Cf In PakistanCNIC Information System with Pakdata Cf In Pakistan
CNIC Information System with Pakdata Cf In Pakistan
 
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...
Biography Of Angeliki Cooney | Senior Vice President Life Sciences | Albany, ...
 
Artificial Intelligence Chap.5 : Uncertainty
Artificial Intelligence Chap.5 : UncertaintyArtificial Intelligence Chap.5 : Uncertainty
Artificial Intelligence Chap.5 : Uncertainty
 
Ransomware_Q4_2023. The report. [EN].pdf
Ransomware_Q4_2023. The report. [EN].pdfRansomware_Q4_2023. The report. [EN].pdf
Ransomware_Q4_2023. The report. [EN].pdf
 
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...
Apidays New York 2024 - Passkeys: Developing APIs to enable passwordless auth...
 
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
Apidays New York 2024 - The Good, the Bad and the Governed by David O'Neill, ...
 
Boost Fertility New Invention Ups Success Rates.pdf
Boost Fertility New Invention Ups Success Rates.pdfBoost Fertility New Invention Ups Success Rates.pdf
Boost Fertility New Invention Ups Success Rates.pdf
 
Polkadot JAM Slides - Token2049 - By Dr. Gavin Wood
Polkadot JAM Slides - Token2049 - By Dr. Gavin WoodPolkadot JAM Slides - Token2049 - By Dr. Gavin Wood
Polkadot JAM Slides - Token2049 - By Dr. Gavin Wood
 
Finding Java's Hidden Performance Traps @ DevoxxUK 2024
Finding Java's Hidden Performance Traps @ DevoxxUK 2024Finding Java's Hidden Performance Traps @ DevoxxUK 2024
Finding Java's Hidden Performance Traps @ DevoxxUK 2024
 
Cloud Frontiers: A Deep Dive into Serverless Spatial Data and FME
Cloud Frontiers:  A Deep Dive into Serverless Spatial Data and FMECloud Frontiers:  A Deep Dive into Serverless Spatial Data and FME
Cloud Frontiers: A Deep Dive into Serverless Spatial Data and FME
 
presentation ICT roal in 21st century education
presentation ICT roal in 21st century educationpresentation ICT roal in 21st century education
presentation ICT roal in 21st century education
 
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...
Emergent Methods: Multi-lingual narrative tracking in the news - real-time ex...
 

Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

  • 1. STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT ) CRIMINAL DIVISION 3 COUNTY OF MARION ) ) 49G03-0807-PC-158636 JEFF HOWELL ) ) vs. ) ') STATE OF INDIANA ) ( ' (' ' ' ' 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
  • 2. Table of Contents* Exhibit 41 Affidavit in Support of Petition for Post Conviction Relief... ... ... ............. 217 Exhibit 42 Affidavit of Malcolm McMakin ... .......................... .......... ..... . ...... ... 225 Exhibit 43 Yahoo Terms ofService ......................................... ............ ....... ... 229 Exhibit 44 Tips for Chatting Safely .... ........... ... ........ . .. . ....... ...... .................... 231 Exhibit 45 Transcript of Chatbot Conversation ... ......... ............... ............. ... ...... 233 Affidavit ... .. .. ................ .... ........................ .. .................. ......... 237 Certificate of Service .. ... ... .... ........ .................. ...... .... ..... . ... ......... 237 *Note: Exhibit and page numbers continued from Exhibit Record filed previously. 216
  • 3. EXHIBIT 41 AFFIDAVIT IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF 217
  • 4. STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT ) CRIMINAL DIVISION 3 ) SS: COUNTY OF MARION ) CAUSE NO. 49G03-0807-PC-158636 .. .) JEFF HOWELL, ) Petitioner ) ) FITJ~~D v. ) ) @ JUN 0 7 2010 STATE OF INDIANA, ) Respondent ) ~~- · . ~ 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 /' _,
  • 5. 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?
  • 6. 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
  • 7. 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 . 2 Supreme Court's definition of obscenity . 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
  • 8. 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
  • 9. 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
  • 10. 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 this ~ J---/1 ~ 1 /./ 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
  • 11. EXHIBIT42 AFFIDAVIT OF MALCOLM MCMAKIN 225
  • 12. SJ'jTE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT ) CRIMINAL DNISION 3 COUNTY OF MARION ) ) 49003-0807-PC-158636 JEFF HOWELL ) 49G03-0811-PC-270239 ) vs. ) ) STATE OF INDIANA ) c;,~ ~ AFFIDAVIT 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 ·
  • 13. 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. . --: . ,),. 0. 0U<.&---10 A..,~ (fln " ,-" . 0 '--,( ~ ~ Malcolm McMakin . 7648 E. County Road 650 S. Hardinsburg IN 4 7125 )a;l}'i fi-~J& a~ /1)~11 812-472-3007 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--'
  • 14. 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;:ose-==- . P·e rtier JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle, IN 47362
  • 15. EXHIBIT43 YAHOO TERMS OF SERVICE 229
  • 16. i' . . ·· - Seat 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 third-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 equ ipment 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 rece iving services un der the laws of the Unrted States or oth er applicable jurisdiction . You also agree to: (a) provide true. acc urate . current and complete inform ation about yourself as prompted by the Service's registration form i th e "Registratron Data") and (b) maintain and promptly update the Registration Data to keep it true. accurate, current and complete. If you provide any in formation that is untrue. inaccurate. not current or incomplete. or Yahoo! has reason able grounds to suspect that such inform ation is
  • 17. EXHIBIT44 TIPS FOR CHATTING SAFELY 231
  • 18. Page I of2 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 OP fjn Pnrirhino exnNiPn('f' hut I?VPNnnf' Shnlltrl he 'lW;Jrp !hilt likP in il!lV Ollhlir. <Jreil 00 thp Ciln 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 1 0-a unique nrckname (or alias) that allov.-s him or her to be recoonizerl while narii cio<Jtino io the lnternPt communifv Yahoo' Chat offers members the abilitv to chat under aliases . which allows them to hi de their email ilrldre"ses W P enco um ae vo11 to U"-e thi s 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 Chill room as ·· Remember. your alias is a way tha t others in the chat ca n id en tify you . Our recommendation is to NOT divuloe anv accurate oersonal information in vour <'!lias You don't wilnt stran!Jers to know ton mucrt about you just !rorn reod:n9 ycur if...'. Online IDs can communicate somethino about the oerson bP.hind 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;nan ry When creating a new online ID. vou mav want to leave out the following ~:~erso nal information · r· i! Sl ?.no !Ct.Sl ncorne .A.ddress Ph 0ne nur;!b~~ Family names Whatever vou choose remember that VOtJr ID should he suitable not too revealing and lmost !lllpOfil!'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 peop le to identify you. especially sexually suggestive ima ges. 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!tl onar t-<esour c·e s For more information about on line Silfetv as well as how to handle and reoori abuse on Yilhoo' Cha t, piease visit the foiiowing Y ahoo ~ sites : Online Safetv htlp'l/family yahoo com/ http://help.yahoo.comll/us/yahoo/messenger/messenger9/chat/mstachatsafe.html 9/16/2008
  • 19. EXHIBIT45 TRANSCRIPT OF CHATBOT CONVERSATION 233
  • 20. ( Attachment 4 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? 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?
  • 21. ( 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
  • 22. 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. Petitioner, pro se JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle IN 47362 237