Cox argues Iowa courts have generally refused to accept the admission of propensity evidence, and therefore, Iowa Code section Although Putman's possession of pornography including two titles involving rape of infants might suggest some positive correlation between Putman's interest in a specific genre of pornography and the peculiar facts of the crime, social science literature suggests the correlation might be weak at best. This appeal turns on the admissibility of evidence of prior bad acts. Here, we have no other act done by Putman. The State's Need for the Evidence.
He then confiscated the computer and informed law enforcement. An investigator for DCI testified at the hearing regarding his investigation of the computer and other electronic devices. First, Peterman testified he built the computer for his friend Putman, and when he sold it to Putman, the computer did not contain any child pornography. See War Eagle Vill. This is not one of those extreme cases. However, this does not end our analysis. I reach this conclusion for two reasons. The first journal detailed a plan by the defendant to kill several people, including one for whom the defendant was the beneficiary of the person's life insurance policy. In Iowa, we initially interpreted rule 5. The large number and variety of prior sex abuse admitted into evidence leads us to conclude that their admission was not harmless error. One of the children was two-year-old L. I will address each of these factors in turn. Another jurisdiction has allowed such materials to be admissible as evidence of intent in a prosecution for traveling across state lines with the intent to engage in a sexual act with a minor and using an interstate facility to attempt to persuade a minor to engage in sexual acts. Background Facts and Prior Proceedings. The mention of dissimilar child pornography is enough to require a new trial. We address these issues because we do not reverse when evidence was improperly admitted based on one particular reason if the evidence could be admitted for other reasons on retrial. All of these factors favor admission. Further, Rodney Peterman's testimony indicates the computer was not password protected, meaning someone other than Putman could have accessed it. The State further advanced identity as a noncharacter purpose for admitting the child pornography evidence. He argues the evidence served no purpose other than to prove he acted in conformity with his character. Mitchell Mitchell I , N. The district court issued an order permitting the State to offer into evidence images of young child pornography seized from Putman's computer, per rule 5. Even if a trial court has abused its discretion, prejudice must be shown before we will reverse. We have also used modus operandi to admit evidence for the legitimate issue of countering a defense of consent in a sexual assault case. Not surprisingly, we have held generally similar prior-bad-acts evidence inadmissible. The DCI investigator testified the video titles matched their content, estimating the girls in the videos to be two or three years of age.
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