Tuesday, February 11, 2014

Concealing Husband's Activities Was Not Cool

U.S. v. Kool, 2014 WL 260543 (1/24/14) (Okl) (unpub'd) - The wife of a man who took sexually explicit photos of his daughter and nieces was convicted of failing to notify authorities and concealing what her husband was up to by trying to delete the photos, smashing a computer hard drive and discouraging the children from reporting to police. The 10th holds it was okay to admit an officer's testimony against Ms. Kool that when he told Mr. Kool one of the photos had a hand with tattoos. Mr. Kool moved his hands from the interview table to under his armpits. This was not hearsay, the 10th says. It was fine for the trial judge to determine Mr. Kool did not intend his motion as an assertion. Guess what the tattoo on the hand said: "Kool."