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STATE OF INDIANA           )   IN THE MARION COUNTY SUPERIOR COURT                           )   CRIMINAL DIVISION 3COUNTY...
Table of Contents*Exhibit 41    Affidavit in Support of Petition for Post Conviction Relief... ... ... ............. 217Ex...
EXHIBIT 41 AFFIDAVIT IN SUPPORT          OF     PETITION FORPOST CONVICTION RELIEF          217
STATE OF INDIANA                   )           IN THE MARION COUNTY SUPERIOR COURT                                    )   ...
not. To my surprise, Google returned a "hit" on the screen name, which was a web page listing a    number of screen mimes ...
internet predator to contact. The more I considered this situation, the more infuriated I became, admittedly, more so than...
connection point I was using to connect to the Internet. My intent was also to make Odier    believe that I believed that ...
thumbnails.            Odiers fictitious persona was also not forced to participate in the conversation,. notwithstandingt...
adult environment that is a chat room known to me to be restricted to individuals who are at                              ...
CERTIFICATE OF SERVICEI, JeffHowell, do hereby certify that a true and correct copy of the foregoing Affidavit in Supporto...
EXHIBIT42   AFFIDAVIT      OFMALCOLM MCMAKIN      225
SJjTE OF INDIANA                       )       IN THE MARION COUNTY SUPERIOR COURT                                        ...
Odier had apparently indicated that no one could log on to an account other than the account     owner. Mr. Howell also to...
CERTIFICATE OF SERVICE                                /Fr~                      .I hereby certify that on this     -day of...
EXHIBIT43    YAHOOTERMS OF SERVICE       229
i . .                                                                                                                     ...
EXHIBIT44    TIPS FORCHATTING SAFELY      231
Page I of2  YA:a:aor MEssENGER                            Tutorials               Contac t   u~   ~") t: c;t!L t!   ne1p. ...
EXHIBIT45TRANSCRIPT OF  CHATBOTCONVERSATION     233
(                                          Attachment 4  inspector_gadget_02: hello  Alexis McCutcheon: hey whats up?  ins...
(Alexis McCutcheon: yes im a virgin as far as sex is concernedinspector_:_gadget_02: whats that suppose to mean?Alexis McC...
AFFIDAVIT        I, Jeff Howell, do hereby swear or affirm under penalties for pe:rjury, that the materialpresented in the...
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Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

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Supplemental Exhibit Record in Support of Petition for Post Conviction Relief

  1. 1. STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT ) CRIMINAL DIVISION 3COUNTY OF MARION ) ) 49G03-0807-PC-158636JEFF HOWELL ) ) vs. ) )STATE OF INDIANA ) ( ( I, II PETITIONERS 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. 2. Table of Contents*Exhibit 41 Affidavit in Support of Petition for Post Conviction Relief... ... ... ............. 217Exhibit 42 Affidavit of Malcolm McMakin ... .......................... .......... ..... . ...... ... 225Exhibit 43 Yahoo Terms ofService ......................................... ............ ....... ... 229Exhibit 44 Tips for Chatting Safely .... ........... ... ........ . .. . ....... ...... .................... 231Exhibit 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. 3. EXHIBIT 41 AFFIDAVIT IN SUPPORT OF PETITION FORPOST CONVICTION RELIEF 217
  4. 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.111 ~~~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 inconversation inside the chat room. Not knowing if this was also a chat bot or an actual humanbeing, I observed the screen name, indydiamondgirl08, for some time. While observing thescreen 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 wasvery little information displayed, unlike the information typically found on a profile for a realhuman being. There was no age listed on indydiamondgirl08 s Yahoo profile. Believing, at thistime, that " indydiamondgirl08" was, perhaps, simply another chat bot, based on the fact that theYahoo chat rooms are proliferated with chat bats, I did a Google search of the screen namebelieving that, perhaps, it might reveal whether or not "indydiamondgirl08" was a chat bot or / _,
  5. 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 butunconfirmed." The word "confirmed" was included with the results for indydiamondgirl08 .Thus, my conclusion was drawn that indydiariwndgirl08 was actually Darin Odier, whom Ipresumed to be a police officer, with the Indianapolis [Metropolitan] Police Department, and thatthis 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 associatedprofile, which, like the Yahoo profile, listed very little information. The age on the MySpaceprofile was listed as "99" (I have noted that the age now is listed as "1 01" on the most recentMySpace profile, which will be included in Petitioners Exhibit Record 1). There was noinformation 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 wasnot on the computer, the question occurred to me, "Why would a law enforcement agency beconducting a decoy operation in a chat room that was restricted to adults?" This, perhaps morethan it should have, began to irritate me that a law enforcement agency, or perhaps a "lone" lawenforcement 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 potential1 As this Affidavit is being written, Petitioner is gathering infonnation for his Exhibit Record, which containdocumentation and evidence suppOrting his allegations presented in this Affidavit as well as the entire PostConviction Relief process. Zl?
  6. 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 dollarsin pursuit of their better protection, I decided to log back on to Yahoo chat, where I rejoined theIndiana chat room where the decoy had been observed, and saw that he was still in the chatroom. I again observed him for several minutes, after which I made the decision, albeit perhapsa rash decision given how infuriated I was at the time, to engage indydiamondgirl08 in aconversation. 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 fromIndianapolis. My intentions were to draw out information from this screen name that wouldreveal that it was, in fact, a decoy. Among comments made during my initial conversation, Iallowed several opportunities for the decoy to "redeem" himself, by, for example, asking him ifhe 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 attemptto hide my identity, providing my real name, age, location, the fact that I also worked in lawenforcement, as well as a link to my My Space profile where my photos could be found . Ifi hadwanted to maintain my anonymity during any of the conversations, I most certainly could havedone so, by using a proxy server or "web anonymizer," however, my intent was not to avoiddiscovery of my identity (bearing in mind that I also used my real name, location, and otherinformation 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. 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 ofOdiers 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 "Kristis" 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 sfull attention. Although this conversation was explicit, it was never obscene according to thestandards adopted by the U.S . Supreme Court to define obscenity. Also, during thisconversation, "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 ofobscenity. In addition, the fictitious "Ashley" (Odier) had to take affirmative steps to receivethose photos, after being presented with previews of those photos, called "thumbnails," in orderto actually receive the photos through Yahoos photo sharing process. An individual has theoption 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 tobe "offensive" to some people, as well as the photos that were offered to Odiers fictitiouspersona, neither the conversation nor the photos were obscene, eve~ as to minors, under the U.S . 2Supreme Courts definition of obscenity . Additionally, Odiers fictitious persona was not forcedto view or download the two photos; he could have chosen to ignore them after viewing the2 Petitioner will provide relevant citations in his Findings of Fact and Conclusions of Law. z -~I
  8. 8. thumbnails. Odiers 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 Odiers fictitious persona was carefullyconstructed so as not to violate any laws, even if it would have involved an actual minor. Therewas no solicitation for sex, and there was no solicitation to meet or otherwise make contactoutside of the relative safe confines of the Internet. Although Odiers fictitious persona was ~posed the question "would you ever want to meet" there was obviously never the intention tofollow up on that, knowing that indydiamondgirl08 was actually Odier. Odier s fictitiouspersona was also asked for "her" phone number, which was provided, but there was never anattempt to call that number, knowing that it was associated with Odier. While the "Kristi"conversation did involve female masturbation aimed at Odiers fictitious persona, masturbationby a minor, alone, in the privacy of his or her own home, is not a crime in Indiana, even when anadult female is "coaching" the minor involving a normal, healthy, activity. Again, Odier sfictitious persona was not forced to engage in any conduct unwillingly. After the two initial primary conversations on May 1, 2008, there was little contact withOdier s fictitious persona, except for an occasional message on the order of "hey, how are youdoing?" These incidental messages were intended as "follow-up" contact to make Odier believethat 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 FirstAmendment protection, and the fact that these conversations took place or were initiated in im
  9. 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 Odiers 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 Yahoos 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. 10. CERTIFICATE OF SERVICEI, JeffHowell, do hereby certify that a true and correct copy of the foregoing Affidavit in Supportof Petition for Post Conviction Relief was served upon the Marion County Prosecutor (71this ~ J---/1 ~ 1 /./ day of_-=_v_/_...,_"""_ ____, 2010, by placing a copy of same in the United StatesMail, First Class, postage pre-paid. Petitioner, pro se Jeff Howell 2497 Middle Leesville Rd. Bedford IN 47421
  11. 11. EXHIBIT42 AFFIDAVIT OFMALCOLM MCMAKIN 225
  12. 12. SJjTE 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 perjurydeposes and says the following in support of the Petition for Post Conviction Relief filed underthe above-captioned cause: I have been acquainted with Jeff Howell since the early 1990s. I have a backgr6tmcl in lawenfbrceinent, 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 lawenforcement community. He does not take his oath lightly. He is well decorated, having beenrecognized 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, theresults of which revealed that the screen name used by Odier was actually Odier. Mr. Howelltold me that he engaged Odier in the chat in order to challenge the constitutionality oflndianaschild solicitation statute. Mr. Howell told me that this chat occurred in a chat room that wasrestricted to adults. I was further told by Mr. Howell, prior to his trial, that he haddocumentation 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 Odierhad. iled~tthe tnaL Mr. H~wellai~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. 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. Howells 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;;-.oon V--71f t!..ol??/-l;J,.;;>fl<>» a;yJYe J J/ J;l-c:?o/0--
  14. 14. CERTIFICATE OF SERVICE /Fr~ .I hereby certify that on this -day of April, 2011, a true and accurate copy of theforegoing Affidavit was duly served upon Julie Kirchoff, Marion Count) Deputy Prosecutor, 251E. Ohio Street, Room 160, Indianapolis IN 46204, by placing same in the U.S. Mail~ postageprepaid. · (}:7 ... . :p;:ose-==- . P·e rtier JeffHowell #194392 New Castle Correctional Facility P.O. Box A New Castle, IN 47362
  15. 15. EXHIBIT43 YAHOOTERMS OF SERVICE 229
  16. 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 Services 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. 17. EXHIBIT44 TIPS FORCHATTING SAFELY 231
  18. 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 dont 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 !Uil 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 . Whats 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 youd 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 htlpl/family yahoo com/http://help.yahoo.comll/us/yahoo/messenger/messenger9/chat/mstachatsafe.html 9/16/2008
  19. 19. EXHIBIT45TRANSCRIPT OF CHATBOTCONVERSATION 233
  20. 20. ( Attachment 4 inspector_gadget_02: hello Alexis McCutcheon: hey whats 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: whats your name? Alexis McCutcheon: Alexis inspector_gadget_02: are you really 15? Alexis McCutcheon: sure, if you want me to be 15 then im 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: whats 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 im about 5-2 95 pounds blonde hair and blue eyes inspector_gadget_02: how long is your hair? Alexis McCutcheon: just past my shouldersinspector_gadget_02: whats ur favorite tv show? Alexis McCutcheon: well i dont watch much tv but i like survivor and are you smarter than a 5thgrader ·inspector_gadget_02: coolAlexis McCutcheon: yeah i guessinspector_gadget_02: what do your parents do?Alexis McCutcheon: well my moms a nurse and i havent seen my dad in a long timeinspector_gadget_02: does your mom work at a hospital?Alexis McCutcheon: no she works at a doctors officeinspector_gadget_02: do you have any brothers or sisters?Alexis McCutcheon: i have a brother that lives in evansville and a sister in californiainspector_gadget_02: what r u wearing?Alexis McCutcheon: umm pink shirt and blue jean shortsinspector_gadget_02: what kind of music do you like?Alexis McCutcheon: all kinds really but rock mostlyinspector_gadget_02: whats your favorite group?Alexis McCutcheon: hmmm well i like nickelback a lotinspector_gadget_02: what do you wanna do after school?
  21. 21. (Alexis McCutcheon: yes im a virgin as far as sex is concernedinspector_:_gadget_02: whats that suppose to mean?Alexis McCutcheon: well i sorta got hurt riding my horse ifu no what i meaninspector_gadget_02: oh ok i gotchaAlexis McCutcheon: yeah technically cuz of that im not a virgin but ive never had sexinspector_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 moms nothereinspector_gadget_02: whats ur number?Alexis McCutcheon: 812-379-4567inspector_gadget_02: well i have to go but i hope to talk again soonAlexis McCutcheon: ok ttylinspector_gadget_02: byeAlexis McCutcheon: see ya
  22. 22. AFFIDAVIT I, Jeff Howell, do hereby swear or affirm under penalties for pe:rjury, that the materialpresented in the foregoing is authentic, true and complete in every respect, to the best of myknowledge 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 servedupon 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 fordelivery 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

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