Sufficiency of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Ali Al-Awadi

Case No.: 16-2643

Officials: EASTERBROOK, WILLIAMS, and SYKES, Circuit Judges

Focus: Sufficiency of Evidence

While he was the only adult in a room of napping children at the daycare where he worked, Ali Al‐Awadi pulled back the underwear of one young girl and took pictures. He claimed at trial that he did so because she injured herself on his watch while she was playing on his lap and he was checking for injury. The jury did not believe him and convicted him of making and attempting to make child pornography. He appeals his convictions. Several of his arguments concern evidence the jury heard that Al‐Awadi also digitally penetrated the young girl, an act for which he was not charged in this case.

Although he argues the jury received the wrong standard when it was instructed to deter‐ mine whether it was “more likely than not” that Al‐Awadi had molested the girl, the pattern jury instruction given to the jury accurately told the jury how to assess evidence of acts other than charged crimes. The jury was also instructed that the government had to prove the elements of the charged crimes beyond a reasonable doubt for Al‐Awadi to be found guilty. Al‐Awadi also argues that the jury heard too much evidence of the molestation. However, the evidence was permissible because he placed his intent in taking the pictures at is‐ sue, the molestation evidence was relevant to his intent, and the government’s evidence was not unduly repetitive. Finally, sufficient evidence supports the jury’s conclusion that Al‐ Awadi used the young girl to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.