Case 3:16-cr-00051-BR

Document 1340

Filed 09/23/16

Page 1 of 2

Per C. Olson, OSB #933863

HOEVET OLSON HOWES, PC
1000 SW Broadway, Suite 1500
Portland, Oregon 97205
Telephone: (503) 228-0497
Facsimile: (503) 228-7112
Email: per@hoevetlaw.com
Of Attorneys for Defendant Fry

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,
v.
DAVID LEE FRY,

Case No. 3:16-CR-00051-13-BR

DEFENDANTS PROPOSED JURY
INSTRUCTION REGARDING COUNT
TWO

Defendant.

Defendant David Fry, through his attorney Per Olson, hereby submits this
proposed final jury instruction regarding Count Two.

A defendant may not be found guilty of Count Two unless he or she is

found guilty of Count One. If your verdict on Count One is not guilty, then your
verdict on Count Two must also be not guilty.

The purpose of this instruction is to avoid inconsistent verdicts. It would logically

inconsistent for the jury to reach a guilty verdict on Count Two and a not guilty verdict
on Count One, because the elements of Count One are fully included within the
Page 1 DEFENDANTS PROPOSED JURY INSTRUCTION
REGARDING COUNT TWO

HOEVET OLSON HOWES, PC

ATTORNEYS AT LAW
1000 S.W. BROADWAY, #1500
PORTLAND, OREGON 97205
(503) 228-0497

Case 3:16-cr-00051-BR

Document 1340

Filed 09/23/16

Page 2 of 2

elements of Count Two. See Courts Preliminary Jury Instruction, page 22 (Count Two
includes the element that the defendant possessed a firearm with the intent that the
firearm or other dangerous weapon be used in the commission of a crime (in this case
Conspiring to Impede Officers of the United States) at least in part within that federal
facility.). Also, there has been no evidence in the governments case-in-chief that
would permit a finding of guilt on Count Two but not on Count One for any of the
defendants charged in Count Two.
In sum, defendant moves to add the foregoing instruction to the final jury
instructions in order to avoid the possibility of inconsistent jury verdicts.
DATED this 23rd day September, 2016.
HOEVET OLSON HOWES, PC
s/ Per C. Olson
Per C. Olson, OSB #933863
Attorney for Defendant David Fry

Page 2 DEFENDANTS PROPOSED JURY INSTRUCTION

REGARDING COUNT TWO

HOEVET OLSON HOWES, PC

ATTORNEYS AT LAW
1000 S.W. BROADWAY, #1500
PORTLAND, OREGON 97205
(503) 228-0497