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E-FILED 2014 AUG 19 2:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 AUG 19 2:33 PM SAC - CLERK OF DISTRICT COURT

Sac

IN THE IOWA DISTRICT COURT FOR

COUNTY

t/>

ro

L^Criminal

STATE OF IOWA or
Plaintiff/Petitioner,

Civil

-nn

1 w

No.

vs.

FINANCIAL AFFIDAVIT/APPLICATION^
FOR APPOINTMENT OF COUNSEL

Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
Name: Soe>-fT

C.

<i~f t r

Birth Date:

l o / s t / 6 9

(SeH-gheae: 712. - % ^ - 2 7 2 ? E-mail:.

Home Phone:
Street Address:

Street/P.O.'Box'
Pending charges: .5e vr
Do you have a job?

Apt #

City

State

bl/SC

No Job

Who do you work for? M t

Zip

In Jail? O-Yes No

DiLYes, Full Time

Yes, Part Time (List Hours/week:

yi n r l/l^

How much money do you currently make before taxes or deductions? ^ JL&O-Qtya hour Q^month
How much money have you made in the last 12 months from any source, before taxes or deductions?

year

fiOD^

Q)

How many family members are supported by or live with you? _ f ^ _ _


If a spouse lives with you, how much money does your spouse make?-^_5J_^_^per
List all other money you, or anyone else living in your household, has coming in:

hour 3-month

year

f\Jp

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
jlse worth more than $100:
How*}^ - 3 & . D 0 O - O O '
Ht?U f < .
P'rv air* n 1 a 5~ -

IZ OOP- QO,Stw 7'


m. y

On J

1*1

IT aotf.

c/Cs

'CO. 0 9

List amounts you pay monthly for mortgages, rent, car loans, crediljcards, child support, or any other debts:

[to k ' r j a

f> j/
0

w a r t f -

fob QO /' W o

'

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date

Signature
Rev. 1/6/12

E-FILED 2014 AUG 20 11:39 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,
VS.
SCOTT CARL FISTER ,

02811 FECR012629
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

DEFENDANT.

The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Charles Schulte, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 AUG 20 11:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
ST VS SCOTT FISTER
ORDER APPOINTING
So Ordered

Electronically signed on 2014-08-20 11:37:13

2 of 2

E-FILED 2014 AUG 20 11:51 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
Case No: 02811 FECR012629
vs.
SCOTT CARL FISTER ,
Defendant.
Defendant's Correct Address: Box 133, Lytton, IA
50561

INITIAL APPEARANCE

Charges:
01 - 709.4(1)(a) - SEXUAL ABUSE - 3RD DEGREE
02 - 709.4(1)(a) - SEXUAL ABUSE - 3RD DEGREE
2 counts so each of the penalties recited herein are times two.
The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class C
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
10 Years Prison
And/Or $1,000 to a $10,000 fine

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E-FILED 2014 AUG 20 11:51 AM SAC - CLERK OF DISTRICT COURT

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You must obey all laws of Iowa and the United States. You are not to have any contact with the
alleged victims in this case in person, by mail or electronic communications, or through third persons.
This no contact order extends to the alleged victims'parents.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.
7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on at : AM at the .
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff

2 of 3

E-FILED 2014 AUG 20 11:51 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
ST VS SCOTT FISTER
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-08-20 11:50:38

3 of 3

E-FILED 2014 AUG 20 1:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 AUG 20 1:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

)
)
)

PLAINTIFF

Crim No. FECR012629

)
Vs.
SCOTT CARL FISTER
DEFENDANT

) Appearance and Waiver of


) Preliminary Hear
)
)
)

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.

/s/Charles A. Schulte AT0007137


SCHULTE LAW FIRM, L C
421 Main St., PO Box 392
Sac City, IA 50583
Phone: (712) 662-4715
Fax: (712) 662-4884

Original filed
Copy to: County Attorney

E-FILED 2014 OCT 01 1:32 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,
CRIMINAL CAUSE NO. FECR012629
Plaintiff,
vs.
TRIAL INFORMATION
SCOTT CARL FISTER,
DOB: 10/02/1969
Defendant.

COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and
in the name and by the authority of the State of Iowa, accuses Defendant, Scott Carl Fister of
the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa
Code Sections 709.1, 709.4(1), and 903B.1 committed as follows:
The said Defendant, Scott Carl Fister, on or about from January 1, 2005 through
December 31, 2008 in the County of Sac and State of Iowa, did unlawfully and willfully sexually
abuse Jane Doe 1, a juvenile, by performing a sex act against her will or by force.
COUNT II
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and
in the name and by the authority of the State of Iowa, accuses Defendant, Scott Carl Fister of
the crime of SEXUAL ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa
Code Sections 709.1, 709.4(1), and 903B.1 committed as follows:
The said Defendant, Scott Carl Fister, on or about from January 1, 2008 through
August 11, 2014 in the County of Sac and State of Iowa, did unlawfully and willfully sexually
abuse Jane Doe 2, a juvenile, by performing a sex act against her will or by force.
A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith


Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org

E-FILED 2014 OCT 01 1:32 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. SCOTT CARL FISTER


Criminal No. FECR012629
COUNT I: Sexual Abuse in the Third Degree
COUNT II: Sexual Abuse in the Third Degree

NAMES OF WITNESSES:
MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KEN MCCLURE, SAC COUNTY SHERIFF, SAC COUNTY SHERIFF'S DEPARTMENT
NATHAN HAMP, CPW, IOWA DEPARTMENT OF HUMAN SERVICES
AMY SCARMON, LMHC-FORENSIC INTERVIEWER, MERCY CHILD ADVOCACY CENTER
JANE DOE 1, A JUVENILE
JANE DOE 2, A JUVENILE
CATHY SMITH, OCCUPATION UNKNOWN
NATHAN JERRY BREHME, OCCUPATION UNKNOWN

E-FILED 2014 OCT 01 1:32 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER

On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered

Electronically signed on 2014-10-01 13:32:37

page 3 of 3

E-FILED 2014 OCT 01 1:32 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


CRIMINAL NO. FECR012629
STATE OF IOWA,
Plaintiff,
ORDER SETTING ARRAIGNMENT
AND BOND
VS.
SCOTT CARL FISTER,
Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter


have been examined and found to contain sufficient evidence, if unexplained, to warrant
a conviction in a trial by jury, therefore, this matter shall be set for Arraignment.
IT IS ORDERED, the Defendant shall personally appear for Arraignment at the
Sac County Courthouse, District Courtroom, Sac City, Iowa on the 20th day of October
2014 at 9:00 a.m..
The Defendant is advised that failure to appear will result in the issuance of an
arrest warrant.
IT IS FURTHER ORDERED, the Defendants bond and conditions for release
from custody in this matter shall be:
Defendant is released on personal recognizance.
Bond is set in the amount of $________________.
Bond may be unsecured.
Bond must be cash or secured in the amount of the Bond.
10% cash may be posted.
Bond previously set shall continue.
Clerk of Court shall issue a summons for Defendant to Appear.
Clerk of Court shall issue an arrest warrant.
Other Conditions of Release:
Defendant shall obey all Federal, State, and Local laws.
The no contact order issued on August 20, 2014 at Initial
Appearance, remains in full force and effect.

E-FILED 2014 OCT 01 1:32 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2014-10-01 13:32:37

page 2 of 2

E-FILED 2014 OCT 16 10:28 PM SAC - CLERK OF DISTRICT COURT

Date: 10/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

FECR012629

No.
vs.

SCOTT FISTER
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:


1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature___/S/ Jesse Helling______________________


Date____10/16/2014___________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 OCT 28 9:23 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICTCOTIRTFOR SAC COUNTY


SIATE OF IOWA.
Vs.
CARL FISI'L,R
SC]OI'T

2629
CRIMINALNO. FECROI
WRITTENAIU{AIGNMITNT.
PI-EAOI-NOT GUII,TY

Defendant
filed: I0/01/20I4
DateTrial Infbrn.ration
oathstatcs:
case
and
under
criminal
COMIIS NOW the Defendantin thc above-captioncd
b"vAttorneyCharlesA. Schulte,whoseaddressand phonenumbcrare
L I am representcd
421 Main St..PO Box 392.SacCity. IA. 50583;(712)662'4715.
2. My curent mailing and residenceaddrcssand phonenumberare407 Main St.,Box
l3i.Lytton. IA 50561.My phoncnumberis: 712-660-031l.M,vdateol bifih is 10-02the Englishlanguageand havecompletedthe following
1969. I canreadand understand
levelofcducation:l2 Years.
that I havea right to arraignment
and understand
advisedby my attorne.v
4. I havebeer.r
in openCourt.and I voluntarilywaivethat right. choosinginsteadto sign this Written
tl.rattimcs for iuilher proceedings
Arraignrnentar.rdPleaof Not Guilt.v. I ur.rdersland
which arecomputedfrom the dateofanaignmentrvill be cornputedfrom the dateof
filing this Written Arraignmcntand Pleaof Nin Guilty.

me n'ith the crime of


5. I havereceiveda copy of the Trial Informationrvhichcl.rarges
COTJNTI: SEXUAL ABUSE IN THE THIRD DEGREE in violation of lorva Code
and 903 B.1; COUNT II: SEXUAL ABUSE IN THE THIRD
Section709.1,70931(1)
DEGREE in violationof IorvaCodeSection709.1,709.1(l)and 903 B.l.
6. With legardto thc nanleb.vrvhichI am chargedin the Tlial Inltrrmation(eithercheck
"a" or chcckand cornplete"b"):
/'
lhe nameon the Trial Inlbrmationis my true name. I havebeenadl ised
ll /.
that I arnnori precludedfiom objectingto the Trial lnformationupon the
and undSrstand
groundthat I an.rimproperlynamed.
( )b. The namc shon'non the Trial lnfbrmationis not ml tn:e name. My tn-te
showingmY truc name. I have
be madein the minr-rtes
nameis. I rcquestthat an entr-Y
rvill
be
had againstme b)' lhat name.
proccedings
bcenadvisedand understandlirrlher
the Trial Informationwill be amendedaccordingll.and rvhenthe Trial lnformationis so
amended.I will bc precludedliom ob.lcctingupon the groundsI am improperlynamcd,
that I may pleadguiltl. not guilty'or former
7. I havebeenadvisedand understand
convictionor acquittal.

E-FILED 2014 OCT 28 9:23 AM SAC - CLERK OF DISTRICT COURT

I havehad sufficicnttime to discussmy caseu'i1h


8. For the purposeof this arraignment.
m.vattornc).and I waive any furthcrtime in rvhichto entera plea
9. I pleadNOT GLIILTY to the chargesin paragraph5 abovc.
that t havea right undcrRule 2.33(2)(b)ofthe
10. I havebccnadvisecland undersrand
to a trial u,ithinninetydays/oneyear afterthe filing of
Iott,a Rttlesof'CriminalProt.edm'e
'frial
lnlbrmationand (checkeither"a" or "b"):
the
( l)r. (denand specdvtrial pursuantto Rulc 2.33(2Xb)and (c)
t|ial pursuantto Rule 2.33(2)(b) and (c)'
( ) b. I waivc ml right 1oa speed.v
11. I rcquestthat a trial datcbe setpursuantto Rule 8.1 of the 1on'4Rules4('riminal
procetlure.My attorne),andI rvill be availablefor trial on the follorvingdays:An,v
l'ime.

Dct'endant
Original to be filed with Clerk of Court
Copy provided to:
Countl AttorncY

E-FILED 2014 OCT 28 3:04 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
PLAINTIFF,

Case No. 02811 FECR012629

vs.
SCOTT CARL FISTER ,

ORDER FOR TRIAL

DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
October 28, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by Charles Schulte.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on December 9, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/17/2014
at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If the Defendant chooses to take depositions of minuted State's witnesses,
depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions
of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions
shall be at public expense. Upon Defendant's request, the State is ordered to disclose
evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary
discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the
Defendant opts to request discretionary discovery and the State requests reciprocal
discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).
Either party may object to the order for discretionary discovery and have the matter set
for hearing. The State shall disclose any exculpatory evidence, including any evidence
relating to the credibility of minuted witnesses.
1 of 3

E-FILED 2014 OCT 28 3:04 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY

2 of 3

E-FILED 2014 OCT 28 3:04 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
STATE VS SCOTT FISTER
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-10-28 15:03:50

3 of 3

E-FILED 2014 NOV 13 3:17 PM SAC - CLERK OF DISTRICT COURT

IN T}IE IOWA DISTzuCTCOURTFORSACCOTJNI'Y


THESTATEOF IOWA.
Plaintill.
SCOTTCARL FISI BR

NO.FECRO12629
WAIVEROF RIGIII''IO
SPEEDY
TRIAL

Defendant.

Comes now the defendant.Scott Carl Fister. and statesas follorvs:


1. Hc re:rlizesth.atlie lies a right b1 r irt'.tco1'l.heConstitution of thc United Statcsto a

speedytrial;
2. Ilc realzeshc hasa right to a speedytrial by virtue of lowa Rule of Criminal
Proccdure2.33(2)(b)which states:
"lf a dc1'endant
indictedfor a public offensehasnot n'aivedhis or her
trial. he or shemustbe broughtto trial within ninetl'
right to a speed.v
daysalier indictmentis found or the courtmust orderthe indictment
to be dismissedunlessgood causeto the contrarybe shorvn"
He is alsoawareof the lact that this rule is applicableto a CountyAttornel-'slnlbrmation
andthat the ninet-vdal periodruns fror.nthe filing datethereof.
3. He lufiher realizesthat he hasa right to a speedytrial underlorvaRule of Criminal
Procedure2.33(2)(b)which states:
"All criminalcasesmust be broughtto trial within onc yearafterthe defendat's
initial arraignn]enlpursuantto rule 2.8 unlessan cxtensionis grantedby the court,upona
''
sholvingof goodcause.
3. He hasbeenfulll,advisedofhis rightsto a speedytrial and thc ramificationsthereofby
of
his attorney.includingthe fact that the memoryof witncssesfadewith the passage
may disappearor becomeunavailable:that dela-vma,vimpairthc
time; that u'itnesses
of his defense;tliat the communityma.vview him with suspiciottduringthe
eff-ectiveness
that he
and socialendeavors;
pendencl,oftheactiot]therebyafl'ectinghis occupational
to
can
be
subjccted
will haveto endureprolongedanxietyar.rdconcernand that hc is or
pendingtrial. and taking into accountall ol'theselactorsand considerations.
incarceration
he decmsit to be in his bestintercstto r.aive his speedytrial rightsat this time and he
doesthereforeherebywaive the sameboth asto IRCP 2.33(a)and IRCP 2.33(b)anddoes
consentthat thc trial may be postponeduntil suchdatesas it may be scheduledfor trial b"v
'fhc
u,ithdrau'tliislvaiverupon
defendantreservesthe righl to subsequently
the court.
writtennoticethereofto the coutl andthc Stateof Iowa.

E-FILED 2014 NOV 13 3:17 PM SAC - CLERK OF DISTRICT COURT

Signedthis / / a u y n t

l\t r ,,'

. 2 0/ ' / .

5rne1for the del-endant

Copl to: CountyAttorney

E-FILED 2014 NOV 14 9:30 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 FECR012629

vs.
SCOTT CARL FISTER ,

ORDER

DEFENDANT.

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before November 17, 2014. If any objection is filed on or
before November 17, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before November 17, 2014, the pending Request
for Expanded Media Coverage will be granted without further notice, order, or hearing.
This matter first came to the attention of the undersigned on this date. Any
ojection to the expanded media coverage shall be heard immediately before any record
is made on the Pretrial Conference scheduled for November 17, 2014.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
CHARLES ADAM SCHULTE
1 of 3

E-FILED 2014 NOV 14 9:30 AM SAC - CLERK OF DISTRICT COURT

MEDIA COORDINATOR

2 of 3

E-FILED 2014 NOV 14 9:30 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
STATE VS SCOTT FISTER
OTHER ORDER
So Ordered

Electronically signed on 2014-11-14 09:30:38

3 of 3

E-FILED 2014 NOV 17 3:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA

02811 FECR012629
Plaintiff

vs.
ORDER RESCHEDULING
PRETRIAL CONFERENCE

SCOTT CARL FISTER


Defendant

BE IT REMEMBERED this matter came before the Court upon the parties' request to continue.
THE COURT FINDS that the PRETRIAL CONFERENCE should be rescheduled.
IT IS THEREFORE ORDERED that the PRETRIAL CONFERENCE previously scheduled is
cancelled, and instead
Pretrial Conference is scheduled on 12/01/2014 at 09:00 AM at the Sac Co. Courthouse, 100
NW State St., Sac City, Iowa.

Clerk to provide copies to:


County Attorney
Defense Counsel/Defendant

1 of 2

E-FILED 2014 NOV 17 3:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
STATE VS SCOTT FISTER
ORDER SETTING HEARING
So Ordered

Electronically signed on 2014-11-17 15:08:02

2 of 2

E-FILED 2014 NOV 25 3:58 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA

)
) FECR012629
VS.
)
) MOTION TO CONTINUE
SCOTT CARL FISTER
)
)
)
)
________________________________________________
COMES NOW Charles A. Schulte, attorney for the defendant and states:

1. Pretrial Conference has been scheduled in this matter for December 1, 2014 at
9:00 A.M.
2. The undersigned attorney will be out of state on that date and unavailable.
3. The Defendant has waived speedy trial rights.
WHEREFORE, Defendant requests the Court to continue the pretrial conference
in this matter to a later date convenient to the Court.

Respectfully submitted,
/S/ Charles A. Schulte AT0007137
Schulte Law Firm L C
421 Main St., PO Box 392, Sac City, IA 50583
Phone (712) 662-4715

E-FILED 2014 DEC 01 1:12 PM SAC - CLERK OF DISTRICT COURT

2RCR25

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012629
PLAINTIFF,
vs.
SCOTT CARL FISTER ,

ORDER

DEFENDANT.

The Defendant has filed a Motion to Continue the hearing sceduled for December
1, 2014. That motion should be granted.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:


1. The Motion to Continue is granted.
2. The Hearing is scheduled on 01/12/2015 at 09:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
CHARLES ADAM SCHULTE

1 of 2

E-FILED 2014 DEC 01 1:12 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
STATE VS SCOTT FISTER
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2014-12-01 13:12:39

2 of 2

E-FILED 2015 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

ORDER RESCHEDULING TRIAL

SCOTT CARL FISTER,


Defendant.
This matter came before the Court on the parties joint request to
reschedule the trial to May 2015. The Court, upon reviewing the recording and
being advised in the premises FINDS and ORDERS that the trial shall be
rescheduled to May 12, 2015, at 9:00 a.m. at the Sac County Courthouse, Sac
City, Iowa.
IT IS FURTHER ORDERED that the pretrial conference is rescheduled to
May 4, 2015, at 9:00 a.m.
The Defendant is NOTIFIED if he fails to appear before this Court, a
warrant may issue for his arrest.

E-FILED 2015 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-01-30 09:20:29

page 2 of 2

E-FILED 2015 MAY 05 2:15 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

ORDER RESCHEDULING TRIAL

SCOTT CARL FISTER,


Defendant.
This matter came before the Court on the parties joint request to reschedule
the trial to July 21, 2015. The Court, upon reviewing the recording and being
advised in the premises FINDS and ORDERS that the trial shall be rescheduled to
July 13, 2015, at 9:00 a.m. at the Sac County Courthouse, Sac City, Iowa.
IT IS FURTHER ORDERED that the pretrial conference is rescheduled to July
13, 2015, at 9:00 a.m.
The defendant is NOTIFIED if he fails to appear as ordered a warrant may
issue for his arrest.

E-FILED 2015 MAY 05 2:15 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR CONTINUANCE

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-05-05 14:15:24

page 2 of 2

E-FILED 2015 MAY 12 12:43 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

ORDER NUNC PRO TUNC

SCOTT CARL FISTER,


Defendant.
This matter came before the Court, which, upon reviewing the record and
being advised in the premises FINDS and ORDERS that the order scheduling the trial
for July 13, 2015, should have set it for July 21, 2015; therefore, this order is
amenable to correction via order nunc pro tunc.
IT IS THEREFORE ORDERED that the scheduling order shall be and is
corrected to set the trial for July 21, 2015, at 9:00 a.m.
IT IS FURTHER ORDERED that all other provisions of the scheduling order
shall remain in full force and effect.

E-FILED 2015 MAY 12 12:43 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-05-12 12:43:48

page 2 of 2

E-FILED 2015 MAY 13 3:36 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA,
Plaintiff
Vs.
SCOTT CARL FISTER
Defendant

)
) FECR012629
)
) APPLICATION FOR AUTHORITY
) TO DEPOSE
______________________

COMES NOW Charles A. Schulte, Court Appointed Attorney for the defendant,
and states:
1. Charles Schulte was appointed to represent the Defendant by court order dated
August 20, 2014.
2. The Appointment order does not include language authorizing the taking of
depositions.
3. Depositions of the states witnesses have been scheduled for May 14th.
WHEREFORE: Charles Schulte request the Court to enter an order authorizing
the taking of depositions at state expense.
Respectfully submitted,
/s/Charles Schulte, AT0007137,
Attorney for Defendant
SCHULTE LAW FIRM, L C
421 Main St., P.O. Box 392
Sac City, IA 50583
(712) 662-4715
Fax (712) 662-4884

E-FILED 2015 MAY 14 8:57 AM SAC - CLERK OF DISTRICT COURT

2RCR01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012629
PLAINTIFF,
vs.
ORDER
SCOTT CARL FISTER ,
DEFENDANT.

It Is Ordered that the Defendant's motion for authority to take depositions of the State's
witnesses at state expense is sustained.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
CHARLES ADAM SCHULTE

1 of 2

E-FILED 2015 MAY 14 8:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012629
Type:

Case Title
STATE VS SCOTT FISTER
OTHER ORDER
So Ordered

Electronically signed on 2015-05-14 08:56:01

2 of 2

E-FILED 2015 MAY 18 10:25 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


THE STATE OF IOWA,
Plaintiff
Vs.
SCOTT CARL FISTER
Defendant

)
) FECR012629
)
) ORDER AUTHORIZING
) DEPOSITIONS
______________________

The application of the defendants attorney for authority to take depositions of the
states witnesses at state expense comes before the Court. The same should be granted.
IT IS ORDERED: Charles A. Schulte as attorney for the Defendant in this cause is
authorized to take depositions of any and all of the states witnesses at state expense.
IT IS FURTHER ORDERED: The State of Iowa shall pay for the cost of taking the
deposition, including the fee for the Court Reporter services.

E-FILED 2015 MAY 18 10:25 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-05-18 10:25:07

page 2 of 2

E-FILED 2015 JUL 08 11:36 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JUL 08 3:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA,

FECR012629

Plaintiff,

ORDER RE ATTORNEYS FEE

Vs.

SCOTT CARL FISTER,

Defendant.
:
____________________________________________________________________________

The Application of Charles A. Schulte for Authority to Exceed the Attorneys Fee
Guidelines cap under Iowa Administrative Rules 493 Chapters 11 and 12 comes on before the
Court. The application was filed prior to the attorney exceeding the fee limitations.
After a review of the application, it appears that the anticipated services are necessary in
the reasonable professional judgment of counsel. The court finds that the application should be
granted.
IT IS THEREFORE ORDERED THAT Charles A. Schulte, attorney for the defendant,
may exceed the fee limitations established in the Iowa Administrative Code 493 chapters 11 and
12 and may be compensated in an amount in excess of the limitation, but said compensation shall
not exceed $5,000.00.

E-FILED 2015 JUL 08 3:24 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-07-08 15:24:12

page 2 of 2

E-FILED 2015 JUL 13 4:15 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JUL 13 4:15 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JUL 14 9:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,

v.

MOTION TO DISMISS COUNT 2

SCOTT CARL FISTER,

PURSUANT TO RULE 2.33

Defendant.
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben Smith,
and states the following in support of its Motion to Dismiss (Motion):
1. After examining the case file and taking all things into consideration, the
State believes the interests of justice and judicial economy are best served by
dismissal of Count 2 of the Trial Information, without prejudice.
WHEREFORE, for the reasons stated above, the State respectfully requests
that the Court grant the States Motion, order such other reliefs the Court deems just
and equitable in the premises.

STATE OF IOWA


_________________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 JUL 14 10:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,

v.

STATES RESPONSE TO DEFENDANTS


MOTION IN LIMINE

SCOTT CARL FISTER,


Defendant.

COMES NOW the State of Iowa, through the Sac County Attorney, Ben Smith,
and for its Response to Defendants Motion In Limine, states the following;
1. Save for the the caveat below, the State does not resist Defendants
Motion In Limine (Motion) filed July 13, 2015.
2. The State does resist the Motion insofar as it seeks to preclude the State
from offering any such evidence after Defendant intentionally or unintentionally
puts the same in issue (i.e., opens the door) during the trial.
WHEREFORE, the State requests that the Court enter an order granting such
reliefs the court deems just and equitable in the premises.

STATE OF IOWA


_________________________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 JUL 14 2:36 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

)
)
Plaintiff,
)
Case No. FECR012629
)
vs.
)
ORDER
)
SCOTT CARL FISTER,
)
)
Defendant.
)
________________________________________________________________________
The State has moved to dismiss Count II of the trial information.
The Court finds that the Motion should be granted.
IT IS SO ORDERED.

E-FILED 2015 JUL 14 2:36 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012629

Case Title
STATE VS SCOTT FISTER
So Ordered

Electronically signed on 2015-07-14 14:36:29

page 2 of 2

E-FILED 2015 JUL 20 10:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

STATES FIRST MOTION IN LIMINE

SCOTT CARL FISTER,


Defendant.
COMES NOW the State of Iowa, through the Sac County Attorney,
Ben Smith, and moves the Court for an Order in Limine, directing the
defense, whether through counsel or witnesses, not to refer, at any stage
of the trial, to the following:
1.

The penalty or punishment for Sexual Abuse in the Third

Degree, including any reference or comments relating to the defendants


liberty interest.

See MODEL JURY INSTRUCTION NO. 100.13you have

nothing to do with punishment. See State v. Kolbet, 638 N.W.2d 653,


662-63 (Iowa 2002) (trial court's decision to bar defendant from
informing jury of serious penalties that would befall a person convicted of
homicide by vehicle caused by driving in reckless manner or serious
injury by vehicle was not an abuse of discretion; such information was
not relevant to issue of guilt or innocence).
2.

Any witnesses testifying about the credibility of other

witnesses. The credibility of a witness is an issue for the jury. State v.


Bowman, 710 N.W.2d 200, 204-05 (Iowa 2006) (questioning of a witness
concerning whether another witness is telling the truth is prohibited);
State v. Graves, 668 N.W.2d 860, 873 (Iowa 2003).
3.

Any out of court statements made by the defendant that are

offered by the defendant. These statements would be hearsay since these


statements would not be offered against the defendant. IOWA R. EVID.
5.801(d)(2)(A); State v. Veal, 564 N.W.2d 797, 808 (Iowa 1997).
4.

Asking any witness whether the witness believes another

E-FILED 2015 JUL 20 10:34 AM SAC - CLERK OF DISTRICT COURT

witness is honest and/or forthright or asking a witness if the witness


knows of any reason not to trust what another witness stated or testified
to. This is asking a witness to comment on the credibility of a witness
and credibility issues are for the jury to decide. State v. Bowman, 710
N.W.2d at 204-05.
5.

Any reference to the victims past or present relationships

(e.g., engagements, courtships, etc.). Said evidence is not relevant under


the rules. IOWA R. EVID. 5.401.
6.

Asking law enforcement officers or any reference to whether

family members believed it was possible the Defendant was justified or


possible that the Defendant was provoked. Said evidence would be
hearsay and speculative. IOWA R. EVID. 5.801.
7.

Defendant has not served notice under Rule 5.412 and,

therefore, any evidence of any past sexual behavior of the victim should
not be allowed. IOWA R. EVID. 5.412.
WHEREFORE, the State requests that the Court enter an Order
directing the defense, whether through counsel or witnesses, not to refer
to the above matters at any stage throughout the trial.

STATE OF IOWA

______________________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

STATES PROPOSED JURY


INSTRUCTIONS

SCOTT CARL FISTER,


Defendant.

INSTRUCTION NO. 1
This is a criminal case in which the State of Iowa, hereinafter
referred to as the State, charges Defendant, Scott Carl Fister,
hereinafter referred to as Defendant, by Trial Information with the
crime of Sexual Abuse in the Third Degree. The Defendant has pleaded
not guilty.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 2
The Trial Information is the document that formally charges the
Defendant with a crime and is merely the method by which the
Defendant is brought into court for trial. It is not evidence.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 3
The Defendant has entered a plea of not guilty. This plea of not
guilty is a complete denial of the charges and places the burden on the
State to prove guilt beyond a reasonable doubt. Whenever I instruct you
that the State must prove something, it must be by evidence beyond a
reasonable doubt.

If the State does not prove the Defendant guilty

beyond a reasonable doubt, your verdict must be not guilty.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 4
The Defendant is presumed innocent and not guilty.

This

presumption of innocence requires you to put aside all suspicion which


might arise from the arrest, charge, or the present situation of the
Defendant. The presumption of innocence remains with the Defendant
throughout the trial unless the evidence establishes guilt beyond a
reasonable doubt.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 5
You must determine whether the Defendant is guilty or not guilty
from the evidence and the law in these Instructions. You must consider
all of the instructions together. No one Instruction includes all of the
applicable law.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 6
The duty of the jury is to determine if the Defendant is guilty or not
guilty.

In the event of a guilty verdict, you have nothing to do with

punishment.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 7
Nothing I have said or done during the trial was intended to give
any opinion as to the facts, proof, or what your verdict should be.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 8
The burden is on the State to prove the Defendant guilty beyond a
reasonable doubt. A reasonable doubt is one that fairly and naturally
arises from the evidence or lack of evidence produced by the State.
A reasonable doubt is a doubt based upon reason and common
sense - the kind of doubt that would make a reasonable person hesitate
to act.

Proof beyond a reasonable doubt, therefore, must be proof of

such a convincing character that a reasonable person would not hesitate


to rely and act upon it. However, proof beyond a reasonable doubt does
not mean proof beyond all possible doubt.
If, after a full and fair consideration of all the evidence, you are
firmly convinced of the Defendants guilt, then you have no reasonable
doubt and you should find the Defendant guilty.
But if, after a full and fair consideration of all the evidence or lack
of evidence produced by the State, you are not firmly convinced of the
Defendants guilty, then you have a reasonable doubt and you should
find the Defendant not guilty.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 9
You shall base your verdict only upon the evidence and these
instructions. Evidence is:

Testimony in person or by deposition.

Exhibits received by the Court. You may examine the exhibits


closely, but be careful not to alter or destroy them.

Stipulations, which are agreements between the attorneys.

Any other matter received into evidence. Sometimes, during a trial,


references are made to pre-trial statements and reports, witnesses'
depositions, or other miscellaneous items. Only those things
formally offered and received by the court are available to you
during your deliberations. Documents or items read from or
referred to which were not offered and received into evidence, are
not available to you.
The following are not evidence:

Statements, arguments, questions and comments by the lawyers.

Objections and rulings on objections.

Testimony I told you to disregard.

Anything you saw or heard about this case outside the courtroom.
Statements and questions by law enforcement officers during an

interview with the Defendant are not evidence to be considered for their
truth. The Defendant's answers and responses to those questions and
statements are evidence.

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 10
In considering the evidence, you may make deductions and reach
conclusions according to reason and common sense.

Facts may be

proved by direct evidence, circumstantial evidence, or both.

Direct

evidence is evidence from a witness who claims actual knowledge of a


fact, such as an eyewitness. Circumstantial evidence is evidence about a
chain of facts which show the Defendant is either guilty or not guilty.
The law makes no distinction between direct evidence and
circumstantial evidence. Give all the evidence the weight and value you
think it is entitled to receive.

10

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 11
Decide the facts from the evidence. Consider the evidence using
your observations, common sense, and experience. Try to reconcile any
conflicts in the evidence; but if you cannot, accept the evidence you find
more believable.
In determining the facts, you may have to decide what testimony
you believe.

You may believe all, part, or none of any witness's

testimony.
There are many factors which you may consider in deciding what
testimony to believe, for example:

Whether the testimony is reasonable and consistent with other


evidence you believe.

Whether a witness has made inconsistent statements.

The witness's appearance, conduct, age, intelligence, memory, and


knowledge of the facts.

The witness's interest in the trial, their motive, candor, bias, and
prejudice.

11

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 12
You have heard testimony from persons described as experts.
Persons who have become experts in a field because of their education
and experience may give their opinion on matters in that field and the
reasons for their opinion.
Consider expert testimony just like any other testimony. You may
accept it or reject it. You may give it as much weight as you think it
deserves, considering the witness's education and experience, the
reasons given for the opinion, and all the other evidence in the case.
DELETE THIS ENTIRE INSTRUCTION IF EXPERT WITNESS DOES
NOT TESTIFY.

12

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 13
If there is a reasonable doubt as to the degree of the crime, the
Defendant shall only be convicted of the crime for which there is no
reasonable doubt.

13

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 14
Evidence has been offered to show that the Defendant made
statements at an earlier time and place. If you find any of the statements
were made, then you may consider them as part of the evidence, just as
if they had been made at this trial.
You may also use these statements to help you decide if you
believe the Defendant.

You may disregard all or any part of the

Defendants testimony if you find the statements were made and were
inconsistent with the Defendants testimony given at trial, but you are
not required to do so.

Do not disregard the Defendants testimony if

other evidence you believe supports it or you believe it for any other
reason. DELETE THIS PARAGRAPH IF THE DEFENDANT DOES NOT
TESTIFY.

14

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 15
To commit a crime a person must intend to do an act which is
against the law. While it is not necessary that a person knows the act is
against the law, it is necessary that the person was aware he was doing
the act and he did it voluntarily, not by mistake or accident. You may,
but are not required to, conclude a person intends the natural results of
his acts.

15

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 16
The State must prove all of the following elements of Sexual Abuse
in the Third Degree:
1. That between May 1, 2005, and April 30, 2006, the Defendant
performed a sex act with Kayla Smith.
2. The Defendant performed the sex act with Kayla Smith when
Kayla Smith was 14 or 15 years old and either of the following:
a. Kayla Smith was related to Defendant by blood or by
marriage to the fourth degree.
b. Defendant is four or more years older than Kayla Smith.
3. The Defendant and Kayla Smith were not then living together as
husband and wife.
If the State has proved all of the elements, the Defendant is guilty
of Sexual Abuse in the Third Degree.
If the State has failed to prove any of the elements, then the
Defendant is not guilty of Sexual Abuse in the Third Degree.

16

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 17
Concerning element number 1 of Instruction No. ______, sex act
means any sexual contact:
1. Between the mouth of one person and the genitals of another;
or
2. Between the finger or hand of one person and the genitals or
anus of another person; or
3. By use of artificial sexual organs or substitutes therefor in
contact with the genitalia or anus.
You may consider the type of contact and the circumstances
surrounding it in deciding whether the contact was sexual in nature.
Skin-to-skin contact is not required in order to establish a sex
act.

17

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 18
Concerning element number ________ of Instruction No. _____, the
State must prove that Kayla Smith was 14 or 15 at the time of the
Defendant's act.

The Defendant's ignorance of Kayla Smiths age or a

belief that Kayla Smith was older is no defense to the crime charged.

18

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 19
You have heard evidence that the Defendant allegedly committed
other acts with Kayla Smith after the timeframe of the offense charged. If
you decide the Defendant committed these other acts, you may consider
these acts only to determine whether the Defendant has a sexual passion
or desire for Kayla Smith. You may not consider them as proving that
the Defendant actually committed the act charged in this case.

19

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 20
During the trial, you have been allowed to take notes. You may
take these with you to the jury room to use in your deliberations.
Remember, these are notes and not evidence. Generally, they reflect the
recollection or impression of the evidence as viewed by the person taking
them, and may be inaccurate or incomplete.
Upon reaching a verdict, leave the notes in the jury room, and they
will be destroyed.

20

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 21
You may not communicate about this case before reaching your
verdict. This includes cell phones, and electronic and social media, such
as text messages, Facebook, MySpace, LinkedIn, YouTube, Twitter,
email, etc.
Do not do any research or make any investigation about this case
on your own. Do not visit or view any place discussed in this case, and
do not use Internet maps or Google Earth or any other program or device
to search for or to view any place discussed in the testimony. Also, do
not research any information about this case, the law, or the people
involved, including the parties, the witnesses, the lawyers, or the judge.
This includes using the Internet to research events or people referenced
in the trial.
This case will be tried on evidence presented in the courtroom. If
you conduct independent research, you will be relying on matters not
presented in court. The parties have a right to have this case decided on
the evidence they know about and that has been introduced here in
court. If you do some research or investigation or experiment that we do
not know about, then your verdict may be influenced by inaccurate,
incomplete or misleading information that has not been tested by the
trial process, including the oath to tell the truth and by crossexamination. All of the parties are entitled to a fair trial, rendered by an
impartial jury, and you must conduct yourself so as to maintain the
integrity of the trial process. If you decide a case based on information
not presented in court, you will have denied the parties a fair trial in
accordance with the rules of this state and you will have done an
injustice. It is very important that you abide by these rules.
It is important that we have your full and undivided attention
during this trial.

21

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 22
Occasionally, after a jury retires to the jury room, the members
have questions. Usually, questions about Instructions can be answered
by carefully re-reading them. If, however, you feel it is necessary to ask a
question, you must do so in writing and deliver your questions to the
Court Attendant.

I cannot communicate with you without first

discussing your question and potential answer with the attorneys. This
naturally takes time and deliberation before I can reply. My reply will
also be in writing. Keep the written question and response and return
them to me when you reach a verdict.
The Court Attendant who has been working with me on this case
will be under oath not to communicate with you except to ask if you have
agreed upon a verdict.

Please do not put the Court Attendant on the

spot by asking her any questions.

22

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 23
When you begin your deliberations, you should select a foreperson.
He or she shall see that your deliberations are carried on in an orderly
manner, that the issues are fully and freely discussed, and that every
juror is given an opportunity to express his or her views.
In order to return a verdict, each juror must agree to it.

Your

verdict must be unanimous. It is your duty as jurors to consult with one


another and reach an agreement, if you can do so without compromising
your individual judgment. Each of you must decide the case for yourself,
but do so only after an impartial consideration of the evidence with the
other jurors.

During the deliberations, do not hesitate to re-examine

your view and change your opinion if convinced it is wrong. But do not
change your opinion as to the weight or effect of the evidence just
because it is the opinion of the other jurors, or for the mere purpose of
returning a verdict.
Remember, you are judges of the facts. Your sole duty is to find
the truth and do justice.

23

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

INSTRUCTION NO. 24
I am giving you two verdict forms. You will sign only one verdict
form. Your verdict must be unanimous. When you have agreed upon
your verdict and the foreperson has signed the appropriate verdict, you
should notify the Court Attendant.
Dated this ______ day of July, 2015.


__________________________________________________
KURT STOEBE, District Court Judge

24

E-FILED 2015 JUL 20 1:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

No. FECR012629

Plaintiff,
v.

VERDICT FORMS

SCOTT CARL FISTER,


Defendant.

VERDICT FORM NO. 1


We, the jury, find the Defendant, Scott Carl Fister, guilty of the
crime of Sexual Abuse in the Third Degree.


_______________________________________
FOREMAN or FOREWOMAN

VERDICT FORM NO. 2


We, the jury, find the Defendant John David Green guilty of the
crime of Sexual Abuse in the Third Degree.


_______________________________________
FOREMAN or FOREWOMAN

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