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STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT ) CRIMINAL DIVISION 3 COUNTY

STATE OF INDIANA

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IN THE MARION COUNTY SUPERIOR COURT

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CRIMINAL DIVISION 3

COUNTY OF MARION

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49G03-0807-PC-158636

JEFF HOWELL

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vs.

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STATE OF INDIANA

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PETITIONER'S SUPPLEMENTAL EXHIBIT RECORD IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF

RECORD IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF ' ' I', II JeffHowell #194392 New
RECORD IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF ' ' I', II JeffHowell #194392 New

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PETITION FOR POST CONVICTION RELIEF ' ' I', II JeffHowell #194392 New Castle Correctional Facility P.O.

JeffHowell #194392 New Castle Correctional Facility

P.O. Box A

New Castle IN 47362 Petitioner, prose

Table of Contents*

Table of Contents* Exhibit 41 Affidavit in Support of Petition for Post Conviction Relief 217 Exhibit

Exhibit 41

Affidavit in Support of Petition for Post Conviction Relief

217

Exhibit 42

Affidavit of Malcolm McMakin

225

Exhibit 43

Yahoo Terms ofService

229

Exhibit 44

Tips for Chatting Safely

231

Exhibit 45

Exhibit 45

Transcript of Chatbot Conversation

233

Affidavit

237

Certificate of Service

237

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

216

EXHIBIT 41

AFFIDAVIT IN SUPPORT

OF

PETITION FOR

POST CONVICTION RELIEF

217

STATE OF INDIANA

)

IN THE MARION COUNTY SUPERIOR COURT

COUNTY OF MARION

) IN THE MARION COUNTY SUPERIOR COURT COUNTY OF MARION JEFF HOWELL, Petitioner v. STATE OF

JEFF HOWELL, Petitioner

v.

STATE OF INDIANA, Respondent

) CRIMINAL DIVISION 3

) SS:

) CAUSE NO. 49G03-0807-PC-158636

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FITJ~~D

@ JUN 0 7 2010

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

AFFIDAVIT IN SUPPORT OF PETITION FOR POST CONVICTION RELIEF

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

deposes and says as follows :

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

cause.

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

Relief, I swear and affirm the following facts :

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

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

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

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

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

its associated profile, which showed a photo of a female , pu rportedly named " Ash"

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

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

human being. There was no age listed on indydiamondgirl08 's Yahoo profile.

Believing, at thi s

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

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

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

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

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

on the screen name, which was a web page listing a number of screen mimes in

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

this web page, were details indicating tbatall_ofth_~s~r~ennames listed thereon, were actually

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

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

used by "Darin Odier" and "Indianapolis,

Ind ." was listed under

the "department" heading. The

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

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

unconfirmed." The word

"confirmed" was included with the results for indydiamondgirl08 .

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

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

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

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

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

indydiamondgirl08 on MySpace, and did locate an associated profile, which, like the Yahoo profile, listed very

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

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

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

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

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

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

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

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

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

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

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

evidence suppOrting his allegations presented in this Affidavit as well as the entire Post Conviction Relief

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

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

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

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

safety and security.

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

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

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

had been observed, and saw that he was still in the chat room. I again observed

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

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

conversation.

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

was somewhat innocuous, sharing the familiar "a/s/1" (age/sex/location), in which indydiamondgirl08 claimed to be

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

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

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

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

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

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

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

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

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

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

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

information during the initial contact, that would easily identify me).

Rather, I wanted to make it

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

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

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

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

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

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

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

named Kristi Russell, with the screen name kristi_russell_90210.

Knowing that Odier would be

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

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

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

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

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

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

standards adopted by the U.S . Supreme Court to define

obscenity. Also, during this

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

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

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

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

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

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

proposed to him or her during the photo sharing process if (s)he so chooses, for whatever

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

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

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

Supreme Court's definition of obscenity 2 . Additionally, Odier's fictitious persona was not forced

Additionally, Odier's fictitious persona was not forced to view or download the two photos; he could

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

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

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

thumbnails.

Odier's fictitious persona was also notforced to participate in the conversation,

notwithstandingthe factthat the cqn_versatiqnJqqk. place,or was initiated in, an adult

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

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

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

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

an unwanted conversation on the Internet.

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

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

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

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

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

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

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

attempt to call that number, knowing that it was associated with Odier.

While the "Kristi"

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

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

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

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

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

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

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

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

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

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

adult environment that is a chat room known to me to be restricted to individuals
adult environment that is a chat room known to me to be restricted to individuals

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

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to me to be restricted to individuals who are at ' ' least 18 years of

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

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

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

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

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

a crime under current statutes.

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

predator. My exhibits to be filed in this

action will support the fact that I committed no crime _ I

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

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

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

Further Affiant sayeth naught.

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

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

Affiant

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE I, JeffHowell, do hereby certify that a true and correct copy of the
CERTIFICATE OF SERVICE I, JeffHowell, do hereby certify that a true and correct copy of the

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

of Petition for Post Conviction Relief was served upon the Marion County Prosecutor

this

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Mail, First Class, postage pre-paid.

,

2010, by placing a copy of same in the United States

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

EXHIBIT42

AFFIDAVIT

OF

MALCOLM MCMAKIN

225

SJ'j\TE OF INDIANA

COUNTY OF MARION

JEFF HOWELL

vs.

STATE OF INDIANA

)

IN THE MARION COUNTY SUPERIOR COURT

)

CRIMINAL DNISION 3

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49003-0807-PC-158636

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49G03-0811-PC-270239

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AFFIDAVIT

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

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

the above-captioned cause:

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

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

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

Homeland Security.

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

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

recognized by Governors, Senators, and Members of Congress.

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

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

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

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

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

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

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

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

had.iled~tthetnaL Mr. H~well'ai~o~xplai~edthat-he'had ask~dafriend to.log on tohis:·yah:o()

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

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

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

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

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

this affidavit.

Further, Affiant Sayeth Naught.

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

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

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Malcolm McMakin 7648 E. County Road 650 S. Hardinsburg IN 47125

812-472-3007

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County Road 650 S. Hardinsburg IN 47125 812-472-3007 1f t! r;}(~ ol??/-l;J,.;;>fl<>» re 6·/ .-;y l/J

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I hereby certify that on this

CERTIFICATE OF SERVICE

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-day of April, 2011,

.

a true and accurate copy of the

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

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

prepaid.

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. P·ertier :p;:ose-==-

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

EXHIBIT43

YAHOO

TERMS OF SERVICE

229

Yahoo! Terms of Service Seat ·· - Yahoo! Info Center> Yahoo! Terms Center> Yahoo' Terms

Yahoo! Terms of Service

Seat
Seat

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

Yahoo! Terms of Service

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Print

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

info. yahoo .com / legal/ us/yahoo/utos/utos-173 .html. In addition , when using particular Yahoo! owned or
info. yahoo .com / legal/ us/yahoo/utos/utos-173 .html. In addition , when using particular Yahoo! owned or

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 Serv ice 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 responsib ility for the timeliness, deletion . mis-delivery or failure to store any user communications or personalizat ion sett ings . You are respons ible for obtaining access to the Serv ice , and that access may involve th ird-party fees (such as Internet service provider or

ai rtime charges). You are responsible for those fees , including those fees associated wi th the di splay or delivery of advertisements. In add ition , you must pro vide and are respons ible for all

add ition , you must pro vide and are respons ible for all equ ipment necessary

equ ipment necessary to

access the Service.

ible for all equ ipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In cons

3. YOUR REGISTRATION OBLIGATIONS

In cons ider ation

of your use of the Service , you repre sent that you are of leg al age to form a

bi ndin g contr act and are not a person barred from rece iving serv ices un der the laws of the Unrted States or oth er applicab le jur isdict ion . You also agree to: (a) prov ide true. acc urate . curr ent and comp lete inform ation about your self as prompted by the Serv ice 's regis tr ation form i th e "Re gis trat ron Data ") and (b) maintain and promptly update the Reg istration Data to keep it true. accura te, current and complete . If you provide any in formation that is untrue . inaccurate . not current or incomplete . or Yahoo! has reason able grounds to suspect that such inform ation is

EXHIBIT44

TIPS FOR

CHATTING SAFELY

231

YA:a:aor MEssENGER

Tutorials

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

Contac t u~

Tios for Chattino Safelv

Search

Page I of2

Yahoo' C hat allows people from all over the world to chat. make friends and build communi ties. Chat C iln OP fjn Pnrirh i no exnNiPn('f' hut I?VPNnnf' Shnlltrl he 'lW;Jrp ! hilt l ikP in il!lV Ollhlir. <Jre il 00 th p

To heir) r: re f!t e il s'! fe r hilttioo PxoPrif'! n ce we have or1t t oo.ether thi<>. ouirle t o he /Q or1r custo mer s

Cn;-atinq ;m ID for Chattinq

Each person who ventures online ne eds an 10-a unique nrckname to be recoonizerl while narii ci o <Jti no io the lnt e rn Pt communifv

Yahoo' Chat offers members the abilitv to chat under aliases . which allows them to hi de th ei r emai l ilrldre"ses W P enco um ae vo11 to U"-e thi s tea twe to orole ct vour iden titv ilnd orpvent random

(or alias ) that allov.-s him or her

EntNin() an alias

Enier rng an alias is easy Aller you j olfl a room (to do i il at , ci ick the

Chat then Join il Room \ i us t tvoP iln ali<Js after "Enter

Messenger menu . ciick Yahoo !

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C h il l ro om as

Remember. your al ias is a way tha t others in the chat ca n id en tify you . Our recommendation is to

NOT divuloe anv accu rat e oersonal info rmat io n in vou r <'!l ias You d on't wilnt st ran!Jer s to know ton

mucrt about you just !rorn reod:n9 ycur if

Onlin e ID s can communicate somethino about th e oerson bP.h ind them so be certain of wh at vou

are willing to share . Fo r example . the name '' Butte rflyfan'' communicates that a use r might be fo nd of

butterflies There

millions of others who exist in the world . On trr"e other !land . fhe name "Butterflies4Jane" mav ao too

f::Jr

'.

is litt.le ri sk of so meo ne beino abl e to d isti nouish on e fan of butterflies from thp

It orovides someone with a name--both il con vers;Jtion starter and a misguided sense o f •

ra rn;nan ry

When creating a new online ID . vou mav want to leave out the foll owi ng ~:~ersonal information ·

i! Sl

?.n o !Ct.Sl ncorn e

.A.ddress

Ph 0ne nur;!b~~

Family names

Whatever vou cho ose remember that VOtJr ID should he suitable not too revealing and lmost

!lllpOf\il!'llj !Ui'l '

Tips for Safe Chattin!'!

Don 't chat about things that could enable a stranger to lo cate you. That includ es vour last nam e . th e name of vo u r school or workpla ce the citv vou live in arnJ where vo tr hano out

Protect your

info . Don 't put identifiable information in your user profile . includ ing photos . What's

uolnaded to the Internet c.<~n he downloaded anti shared bv eveNone Avoid oostino ohotos thilt allow peop le to identify you. especially sexually suggestive ima ge s . Before upl oading a photo . think ahotrt how you'd feel if it were seen bv il parent . frien<i . or future emolover

Never mee t with someone you encounter in a chat room unless you al re ad y kr.o v,o wr;o they c;re .

Be honest ilbout

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

your age &ahoiOi ChiltiSJestrlded ·to ·Uiers -!Nho 9; 18 ~ ·ofage ·or older If vr:>u

,

AOO!tl onar t-<esour c·es

For more information about on lin e Silfetv as well as how to handl e and reoori abuse on Yilhoo '

Cha t, piease visit the fo iiowing Y ahoo ~ sites :

Online Safetv htlp'l/family yahoo com/

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

9/16/2008

EXHIBIT45

EXHIBIT45 TRANSCRIPT OF CHATBOT CONVERSATION 233

TRANSCRIPT OF

CHATBOT

CONVERSATION

233

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Attachment 4

( Attachment 4 inspector_gadget_02: hello Alexis McCutcheon: hey what's up? inspector_gadget_02: nm u? Alexis

inspector_gadget_02: hello Alexis McCutcheon: hey what's up? inspector_gadget_02: nm u? Alexis McCutcheon: nm just chillin inspector_gadget_02: cool Alexis McCutcheon: yeah i guess inspector_gadget_02: a/s/1? Alexis McCutcheon: 15/f/Columbus inspector_gadget_02: what's your name? Alexis McCutcheon: Alexis inspector_gadget_02: are you really 15? Alexis McCutcheon: sure, if you want me to be 15 then i'm 15 inspector_gadget_02: how old are you for real? Alexis McCutcheon: how old do u want me to be? inspector_gadget_02: are you a cop looking for pervs? Alexis McCutcheon: lol of course not inspector_gadget_02 : are you a bot? Alexis McCutcheon: what's a bot? inspector_gadget_02: nm Alexis McCutcheon: k inspector_gadget_02: where do u go to school? Alexis McCutcheon: columbus north inspector_gadget_02: what do you look like? Alexis McCutcheon: umm well i'm about 5-2 95 pounds blonde hair and blue eyes inspector_gadget_02: how long is your hair? Alexis McCutcheon: just past my shoulders inspector_gadget_02: whats ur favorite tv show?

Alexis McCutcheon: well i don't watch much tv but i like survivor and are you smarter than a 5th ·

tv but i like survivor and are you smarter than a 5th · grader inspector_gadget_02: cool

grader inspector_gadget_02: cool Alexis McCutcheon: yeah i guess inspector_gadget_02: what do your parents do? Alexis McCutcheon: well my mom's a nurse and i haven't seen my dad in a long time inspector_gadget_02: does your mom work at a hospital? Alexis McCutcheon: no she works at a doctor's office inspector_gadget_02: do you have any brothers or sisters? Alexis McCutcheon: i have a brother that lives in evansville and a sister in california inspector_gadget_02: what r u wearing? Alexis McCutcheon: umm pink shirt and blue jean shorts inspector_gadget_02: what kind of music do you like? Alexis McCutcheon: all kinds really but rock mostly inspector_gadget_02: what's your favorite group? Alexis McCutcheon: hmmm well i like nickelback a lot inspector_gadget_02: what do you wanna do after school?

(

Alexis McCutcheon: yes i'm a virgin as far as sex is concerned inspector_:_gadget_02: whats that suppose to mean? Alexis McCutcheon: well i sorta got hurt riding my horse ifu no what i mean inspector_gadget_02: oh ok i gotcha Alexis McCutcheon: yeah technically cuz of that i'm not a virgin but i've never had sex inspector_gadget_02: can i call you sometime? Alexis McCutcheon: yeah but not unless i know u r gonna call cuz it has to be when mom's not here inspector_gadget_02: whats ur number? Alexis McCutcheon: 812-379-4567 inspector_gadget_02: well i have to go but i hope to talk again soon Alexis McCutcheon: ok ttyl inspector_gadget_02: bye Alexis McCutcheon: see ya

i have to go but i hope to talk again soon Alexis McCutcheon: ok ttyl inspector_gadget_02:
i have to go but i hope to talk again soon Alexis McCutcheon: ok ttyl inspector_gadget_02:

AFFIDAVIT

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

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

knowledge and belief.

Jeff Howell, Petitioner, prose

CERTIFICATE OF SERVICE

Howell, Petitioner, p r o s e CERTIFICATE OF SERVICE I, Jeff Howell, do herby certify

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

upon Julie Kirchoff, Marion

County Deputy Prosecutor,

251

E.

Ohio

Street, Room

160,

Indianapolis

IN 46204, this 19th

of August, 2011, by depositing in the prison mail system for

August, 2011, by depositing in the prison mail system for delivery by U.S. Mail, First Class,

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

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

237