E-FILED 2014 JAN 17 1:52 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ANDREW CHRISTIAN MENKEN, Defendant. NOTICE OF ADDITIONAL WITNESSES AND ADDITIONAL MINUTES OF TESTIMONY CASE No. FECR012301

COMES NOW the undersigned Prosecuting Attorney and pursuant to the Iowa Rules of Criminal Procedure hereby gives Notice of Additional Witnesses and Minutes of Testimony in support of the Trial Information previously filed herein: 1. Minutes of Testimony of the witnesses named in the attached Addition to Minutes of Testimony have been filed with the Trial Information. 2. Substantial rights of the defendant are not prejudiced by the attached Additional Minutes of Testimony. 3. A wholly new and different offense is not being charged. 4. This Addition to the Minutes of Testimony is in the interest of justice.

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 JAN 17 1:52 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ANDREW CHRISTIAN MENKEN, Defendant. LIST OF ADDITIONAL WITNESSES CASE No. FECR012301

BRENT DEWALD, Wireless Field Manager, Long Lines Wireless TIM WILABY, Juvenile Court Officer 4, State of Iowa

E-FILED 2014 JAN 22 10:14 AM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. ANDREW CHRISTIAN MENKEN , DEFENDANT. ORDER Case No. 02811 FECR012301

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 January 24, 2014. If any objection is filed on or before January 24, 2014, the Court will schedule further proceedings to resolve the dispute. If no objection is filed on or before January 24, 2014, the pending Request for Expanded Media Coverage will be granted without further notice, order, or hearing. IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY CHARLES ADAM SCHULTE MEDIA COORDINATOR

1 of 2

E-FILED 2014 JAN 22 10:14 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012301 Type: Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN OTHER ORDER So Ordered

Electronically signed on 2014-01-22 10:14:56

2 of 2

E-FILED 2014 JAN 25 9:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, Plaintiff, Vs ANDREW CHRISTIAN !EN"EN,

: : : :

FECR012301 ORDER FOR DEPOSITIONS

D#f#n$ant : %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

U&'n a&&li(ati'n 'f (')*t+a&&'int#$ att'*n#,, C-a*l#s A S(-)lt#, t-# C')*t $#t#*.in#s t-at $#&'siti'ns .a, /# a)t-'*i0#$ in t-is .att#* IT IS THEREFORE ORDERED t-at t-# D#f#n$ant .a, ta1# $#&'siti'ns 'f an, 'f t-# Stat#2s 3itn#ss#s at &)/li( #4&#ns# IT IS FURTHER ORDERED t-at t-# #ff#(ti5# $at# 'f t-is '*$#* a)t-'*i0in6 $#&'siti'ns at Stat# #4&#ns# s-all /# f*'. an$ aft#* 7an)a*, 18, 2019

E-FILED 2014 JAN 25 9:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 ORDER FOR DISPOSITION Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2014-01-25 09:03:26

page 2 of 2

IN AND FOR THE IOWA DISTRICT COURT FOR SAC COUNTY State of Iowa, Plaintiff, vs. ANDREW CHRISTIAN MENKEN, Defendant, TO: Randy Aschinger 3027 Mace Avenue Lake View IA 51450 Case No. FECRO12301 SUBPOENA Subpoena ordered by: Sac County Attorney Benjamin John Smith Nature of Proceedings: Trial

YOU ARE ORDERED BY THE COURT TO PERSONALLY APPEAR AT THE TIME AND PLACE STATED HEREAFTER. PLACE: Sac County Courthouse DUCES TECUM: You are required to appear 100 NW State Street and give testimony as a witness in the above Sac City IA 50583 named case at the place, date, and time specified.

DATE and TIME: Tuesday, January 28, 2014 at 10:00 a.m. DATE ISSUED: January 28, 2014

Donna Geery Geery, Clerk, Donna Iowa District Court for Sac County By Clerk-s-t)esignee If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately call your district ADA coordinator at 515-684-6502. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). RETURN OF SERVICE Date Reed: Date Served: Who Served: Address Served: Fees: $ Mileage: $ Total: $ Sheriff for Sac County, Iowa
<NJ OD

o
CO
1

i=oo

5. c o

tO to

IN AND FOR THE IOWA DISTRICT COURT FOR SAC COUNTY State of Iowa, Plaintiff, vs. ANDREW CHRISTIAN MENKEN, Defendant, TO: Jason Dallas Heffelmeier 14745 Hammond Avenue Buckingham IA 50612 Case No. FECR012301 SUBPOENA Subpoena ordered by: Sac County Attorney Benjamin John Smith Nature of Proceedings: Trial

YOU ARE ORDERED BY THE COURT TO PERSONALLY APPEAR AT THE TIME AND PLACE STATED HEREAFTER. PLACE: Sac County Courthouse DUCES TECUM: You are required to appear 100 NW State Street and give testimony as a witness in the above Sac City IA 50583 named case at the place, date, and time specified. DATE and TIME: Tuesday, January 28, 2014 at 11:00 a.m. DATE ISSUED: January 28, 2014

Donna Geery, Clerk, Iowa District Cqurt for Sat County

By: JjTUlM^JbQlb. .LWu^Y] M

Clerk^Designee ^
1

"

If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately call your district ADA coordinator at 515-684-6502. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).

RETURN OF SERVICE Date Reed: Date Served: Who Served: Address Served: Fees: $ Mileage: $ Total: $ Sheriff for Sac County, Iowa 7 ?

% i>

Z]"g Hex 3 -<o

- < - i -

r-

E-FILED 2014 JAN 29 3:45 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ANDREW CHRISTIAN MENKEN ,

Case No: 02811 FECR012301 EXHIBIT LIST Jury Trial January 28 & 29, 2014 Presiding Judge: William C. Ostlund

Defendant.

The following exhibits were offered and admitted by the Court at the hearing as shown above: State 1. cell phone records 2. cell phone - track phone 3. text 4. text 5. text 6. text 7. phone bills 8. aerial photo 9. photo 10. GPS 11. tower hits 12. tower hits 13. DVD - interview 14. recording of phone call 15. phone records 16. phone records 17. phone records 18. phone records

1 of 2

E-FILED 2014 JAN 29 3:45 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012301 Type: Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN EXHIBIT LIST So Ordered

Electronically signed on 2014-01-29 15:46:46

2 of 2

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs.
U3 j=Oo

FECR012301

2=

ANDREW CHRISTIAN MENKEN, Defendant.

JURY INSTRUCTIONS

~o
1

Sf 5
^ - - n

cn

CO

INSTRUCTION NO. 1 The Trial Information charges the Defendant, Andrew Christian Menken, with the crimes of Conspiracy to Commit Extortion, Extortion, and Aiding and Abetting Theft in the Second Degree. The Court has dismissed the crimes of Conspiracy to Commit Extortion and Extortion. No inference should be drawn from this court's dismissal. The remaining count charges the Defendant with the crime of Aiding and Abetting Theft in the Second Degree. To these charges, the Defendant has entered pleas of Not Guilty.

INSTRUCTION NO. 2 The Trial Information is the document that formally charges the Defendant with a crime. It is merely the method by which the Defendant is brought into court for trial. It is not evidence. INSTRUCTION NO. 3 The Defendant has entered a plea of not guilty. The 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 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.

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.

INSTRUCTION NO. 5 You must determine the Defendant's guilt or innocence 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. 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.

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.

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. If, after a full and fair consideration of all the evidence, you are firmly convinced ofthe Defendant's 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 Defendant's guilt, then you have a reasonable doubt and you should find the Defendant not guilty. INSTRUCTION NO. 9 You must base your verdict only upon the evidence and these instructions. Evidence is: 1. Testimony. 2. Exhibits received by the Court. You may examine the exhibits closely, but be careful not to alter or destroy them. The following are not evidence: 1. Statements, arguments, questions, and comments by the lawyers. 2. Objections and rulings on objections. 3. Testimony I told you to disregard. 4. Anything you saw or heard about this case outside the courtroom.

INSTRUCTION NO. 10 In deciding the facts, consider the evidence using your observations, common sense, and experience. You must try to reconcile any conflicts in the evidence; but if you cannot, you will 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: 1. Whether the testimony is reasonable and consistent with other evidence you believe; 2. Whether a witness has made inconsistent statements; 3. The witness's appearance, conduct, age, intelligence, memory, and knowledge of the facts; and 4. The witness's interest in the trial, their motive, candor, bias, and prejudice.

INSTRUCTION NO. 10 B

In considering the evidence, 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 a defendant is 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.

INSTRUCTION NO. 11 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.

INSTRUCTION NO. 12 I have not by these Instructions or by any ruling made, or by any act done, or by anything said during the trial, intended or attempted to give any opinion as to what the facts are, what the proof is, nor what your verdict should be.

INSTRUCTION NO. 13 You have heard evidence claiming witness made statements before this trial while not under oath which were inconsistent with what the witness said in this trial. Because the witness did not make the earlier statements under oath, you may use them only to help you decide if you believe the witness. Decide if the earlier statements were made and whether they were inconsistent with testimony given at trial. You may disregard all or any part of the testimony if you find the statements were made and they were inconsistent with the testimony given at trial, but you are not required to do so. Do not disregard the testimony if other evidence you believe supports it, or if you believe it for any other reason.

INSTRUCTION NO. 14 The State must prove all of the following elements of Theft: 1. On or about the 13 day of April, 2013, the Defendant aided or abetted another in taking possession or control of property. 2. The Defendant did so with the intent to deprive Randy Aschinger of the property. 3. The property, at the time of the taking, belonged to Randy Aschinger.
th

If the State has proved all of the elements, the Defendant is guilty of Theft. You must then determine the degree of Theft, as explained to you in Instruction No. 19. If the State has failed to prove any one of the elements, the Defendant is not guilty of Theft. INSTRUCTION NO. 15 "Aid and abet" means to knowingly approve and agree to the commission of a crime, either by active participation in it or by knowingly advising or encouraging the act in some way before or when it is committed. Conduct following the crime may be considered only as it may tend to prove the Defendant's earlier participation. Mere nearness to, or presence at, the scene of the crime, without more evidence, is not "aiding and abetting". Likewise, mere knowledge ofthe crime is not enough to prove "aiding and abetting." The guilt of a person who knowingly aids and abets the commission of a crime must be determined only on the facts which show the part he has in it, and does not depend upon the degree of another person's guilt. If you find the State has proved the Defendant directly committed the crime, or knowingly "aided and abetted" other person(s) in the commission ofthe crime, then the Defendant is guilty ofthe crime charged.

INSTRUCTION NO. 16 "Possession or control" as used in element 1 of Instruction No. 14 means to secure dominion or exert control over an object, or to use an object in a manner beyond the person's authority to do so.

INSTRUCTION NO. 17 In considering whether or not the property was previously stolen, the State does not need to prove that the person who stole the property has been convicted of the crime. INSTRUCTION NO. 18 Property is anything of value, whether publicly or privately owned. The term includes both tangible and intangible property, labor or services. The term includes "real property" and "personal property." INSTRUCTION NO. 19 If you find the Defendant guilty of Theft, you should then determine the degree of Theft. I have attached a question which must be answered, and by so doing, you will determine the degree of Theft. In answering the question, the State must prove the value of the property taken. You will check the blank next to the appropriate value on the verdict form. The following are the different degrees of Theft: 1. 2. 3. Theft in the 1 Degree - exceeding $10,000 Theft in the 2
nd st

Degree - exceeding $1,000 but less than $10,000

Theft in the 3 Degree - exceeding $500 but less than $1,000

rd

INSTRUCTION NO. 20 Where two or more alternative theories are presented, or where two or more facts would produce the same result, the law does not require each juror to agree as to which theory or fact leads to his or her verdict, it is the verdict itself which must be unanimous, not the theory or facts upon which it is based.

INSTRUCTION NO. 21 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 impressions 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.

INSTRUCTION NO. 22 Exhibits have been admitted into evidence and are to be considered along with all of the other evidence to assist you in reaching your verdict. You are not to tamper with the Exhibits or their contents and each Exhibit should be returned, along with your verdict, in the same condition as it was when received by you. Further, these instructions will be sent to the jury room for your consideration during the course of your deliberations. You are not to tamper with, underline, or in any manner mark them as they must be returned at the time of your verdict in the same condition as they are now being given to you. However, the Court is distinguishing between the instructions and the verdict form. Your verdict must be written upon the verdict form.

INSTRUCTION NO. 23 Occasionally, after a jury retires to the jury room, the members may have questions about instructions. Usually, these 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. I cannot communicate with you without first discussing your question and potential answer with the parties and attorneys. This naturally takes time and deliberation before I can reply. 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 ask the court attendant any questions about the Instructions. Jurors sometimes like to know how long they will be working each day. I usually leave that up to you. I would like you to notify me in writing how long you would like to work and how early you would prefer to reconvene, if necessary. Finally, if you need to notify anyone about the time you will be deliberating, notify the Court Attendant in writing, or before you begin deliberations, and a phone will be made available to you for that purpose.

INSTRUCTION NO. 24 When you begin your deliberations, you should select a foreman or forewoman. 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 their 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 the judges of facts. Your sole duty is to find the truth and do justice.

INSTRUCTION NO. 25 I herewith submit to you a verdict form. When you have reached a verdict, the foreperson shall sign on the appropriate signature line and you should notify the Court Attendant.

Dated this 29 day of January, 2014.

th

H''t>S'T *n
J

WILLIAM C. OSTLUND,
DISTRICT COURT JUDGE

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

Vo \ FECR012301
3! 5>
o

o
c :

ANDREW MENKEN,
Defendant.

VERDICT FORMS
3

~o
CO

. FO .
o
=T,.

We, the jury, find the Defendant, Andrew Menken:

cn

E >

1. 2.

COUNT III Guilty of Aiding and Abetting Theft Not Guilty (check only one of the below if the jury finds the Defendant guilty in Count III.) If you found the Defendant guilty of Theft, answer the following:

1. 2. 3.

Theft, 1 Degree-exceeding $10,000 Theft, 2 Degree - exceeding $1,000 but less than $10,000 Theft, 3 Degree - exceeding $500 but less than $1,000
n d rd

st

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

FECR012301

^ ^
<
3C
>

ANDREW MENKEN, Defendant.

VERDICT FORMS

-o
CO CTi

Fg 5^5 E
>

We, the jury, find the Defendant, Andrew Menken:

1. 2.

COUNT III Guilty of Aiding and Abetting Theft Not Guilty (check only one of the below if the jury finds the Defendant guilty in Count III.)

If you found the Defendant guilty of Theft, answer the following: 1. 2. 3. Theft, 1 Degree - exceeding $10,000 Theft, 2 Degree - exceeding $1,000 but less than $10,000 Theft, 3 Degree - exceeding $500 but less than $1,000
nd rd st

EPERS

E-FILED 2014 JAN 30 1:01 PM SAC - CLERK OF DISTRICT COURT

2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ANDREW CHRISTIAN MENKEN , Defendant.

Case No. 02811 FECR012301

COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For the State: Benjamin Smith For the Defendant: Charles Schulte Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: jury trial 2. The date(s) on which the proceeding occurred: January 28 and 29, 2014 3. The name of the court reporter who reported the proceeding: Nancy A. Timmons 4. The name of the judge who presided over the proceeding: William C. Ostlund 5. The reporting fee for the proceeding: $80.00 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/ Nancy A. Timmons ___________________________________ District Court Reporter
1 of 2

E-FILED 2014 JAN 30 1:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012301 Type: Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered

Electronically signed on 2014-01-30 13:02:45

2 of 2

E-FILED 2014 JAN 31 11:39 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v . ANDREW C$RISTIAN %EN&EN, D#f#n"ant. ) ) ) ) ) ) ) ) )

No. FECR012301 O!"#!

T'i (a) # (a*# on fo! t!ial on +an)a!, 2-, 201.. T'# Stat# of Io/a a00#a!#" 1, Sa( Co)nt, Atto!n#, 2#n3a*in S*it'. T'# D#f#n"ant a00#a!#" /it' 'i (o)n #l, C'a!l# S(')lt#. On +an)a!, 24, 201., t'# 3)!, !#t)!n#" a )nani*o) v#!"i(t a follo/ 5
W#, t'# 3)!,, fin" t'# D#f#n"ant, An"!#/ %#n6#n5 COUNT III 1. 2. 77777 8)ilt, of Ai"in9 an" A1#ttin9 T'#ft 77:77 Not 8)ilt,

7777777; ; Alli on %,!t)#7777777777 FOREPERSON

IT IS ORDERED t'at t'# D#f#n"ant i a"3)"9#" to 1# not 9)ilt, of t'# (!i*# of Ai"in9 an" A1#ttin9 T'#ft. IT IS FURT$ER ORDERED t'at Co)nt I an" Co)nt II a!# '#!#1, "i *i #". IT IS FURT$ER ORDERED t'at (o t a!# a # #" to t'# Stat# of Io/a. Cl#!6 to fo!/a!" (o0i# to5 Co)nt, Atto!n#, C'a!l# S(')lt#

E-FILED 2014 JAN 31 11:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 OTHER ORDER Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2014-01-31 11:39:08

page 2 of 2