2010AP82-CR State v. Jacques

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Criminal Procedure
Entrapment

A jury found John L. Jacques guilty of using a computer to facilitate a child sex crime. See Wis. Stat. § 948.075(1r) (2009-10). The primary witness at trial was the police officer who posed as a thirteen-year-old girl in an internet chat room and engaged in on-line chats with Jacques. Jacques contends that police entrapped him. The jury was provided with a printed transcript of the chats, and the transcript depicted numerous emoticons, sent by both the officer and Jacques. In this pro se appeal, Jacques contends that the State withheld exculpatory evidence, namely, a computer application that would have permitted the jury to view the emoticons in an animated fashion, as they appeared while the chats were taking place. Jacques asserts that the animated emoticons are “clear evidence of enticement and encouragement” by the officer. In a related argument, Jacques contends that his trial attorney was ineffective for not ensuring that the jury would be able to view the animated emoticons. Jacques’s arguments are both undeveloped and unpersuasive. Therefore, we affirm. This opinion will not be published.

2010AP82-CR State v. Jacques

Dist IV, La Crosse County, Bjerke, J., Per Curiam

Attorneys: For Appellant: Jacques, John L., pro se; For Respondent: Wren, Christopher G., Madison; Bonnett, Tania M., La Crosse

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