1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

·11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

FILED · 

- r~R~EC~El~I/F~D ----LOPGED -----COP'( 

BY 

MAR - 2 2020 

CLERK US DISTRICT COURT 

DISTRICT OF ARIZONA . 

DEPUTY 

IN THE UNITED STATES DISTRICT COURT . . 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

vs. 

Robert Francis Krebs, 

Defendant. 

CR 18~00263-TUC-JGZ (JR) 

PRELIMINARY-JURY INSTRUCTIONS 

Honorable Jennifer o: Zipps 

United States District Court 
- 2 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 1:

DUTY OF JURY

Jurors: You now are the jury in this case, and I want to take a few minutes to tell 

you something about your duties as jurors and to give you some preliminary instructions. 

At the end of the trial I will give you more detailed [written] instructions that will control 

your deliberations.

When you deliberate, it will be your duty to weigh and to evaluate all the evidence 

received in the case and, in that process, to decide the facts. To the facts as you find them, 

you will apply the law as I give it to you, whether you agree with the law or not. You must 

decide the case solely on the evidence and the law before you.

Perform these duties fairly and impartially. You should not be influenced by any 

person’s race, color, religious beliefs, national ancestry, sexual orientation, gender identity, 

gender, or economic circumstances. Also, do not allow yourself to be influenced by 

personal likes or dislikes, sympathy, prejudice, fear, public opinion, or biases, including 

unconscious biases. Unconscious biases are stereotypes, attitudes, or preferences that 

people may consciously reject but may be expressed without conscious awareness, control, 

or intention. Like conscious bias, unconscious bias can affect how we evaluate information 

and make decisions.
- 3 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 2:

THE CHARGE—PRESUMPTION OF INNOCENCE

This is a criminal case brought by the United States government. The government 

charges the defendant with ARMED BANK ROBBERY. The charge against the defendant 

is contained in the indictment. The indictment simply describes the charges the government 

brings against the defendant. The indictment is not evidence and does not prove anything.

The defendant has pleaded not guilty to the charges and is presumed innocent unless 

and until the government proves the defendant guilty beyond a reasonable doubt. In 

addition, the defendant has the right to remain silent and never has to prove innocence or 

present any evidence.

In order to help you follow the evidence, I will now give you a brief summary of 

the elements of the crime that the government must prove to make its case:

ARMED BANK ROBBERY

First, on or about January 12, 2018, the defendant, through force and violence or

intimidation, took money belonging to or in the care, custody, control, management or 

possession of Pyramid Federal Credit Union, located at 4491 North Oracle Road, Tucson, 

Arizona 85705; 

Second, the deposits of Pyramid Federal Credit Union were then insured by the 

National Credit Union Administration Board; and 

Third, the defendant intentionally made a display of force that reasonably caused 

any person to fear bodily harm by using a dangerous weapon or device, a black 

handgun/BB gun. A weapon or device is dangerous if it is something that creates a greater

apprehension in the victim and increases the likelihood that police or bystanders would 

react using deadly force.
- 4 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 3: 

WHAT IS EVIDENCE

The evidence you are to consider in deciding what the facts are consists of:

(1) the sworn testimony of any witness; 

(2) the exhibits which are received in evidence; and

(3) any facts to which the parties agree.
- 5 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 4:

WHAT IS NOT EVIDENCE

The following things are not evidence, and you must not consider them as evidence 

in deciding the facts of this case:

(1) statements and arguments of the attorneys;

(2) questions and objections of the attorneys;

(3) testimony that I instruct you to disregard; and

(4) anything you may see or hear when the court is not in session even if what you 

see or hear is done or said by one of the parties or by one of the witnesses.
- 6 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 5: 

DIRECT AND CIRCUMSTANTIAL EVIDENCE

Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, 

such as testimony by a witness about what that witness personally saw or heard or did. 

Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from 

which one can find another fact.

You are to consider both direct and circumstantial evidence. Either can be used to 

prove any fact. The law makes no distinction between the weight to be given to either direct 

or circumstantial evidence. It is for you to decide how much weight to give to any evidence.
- 7 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 6: 

RULING ON OBJECTIONS

There are rules of evidence that control what can be received in evidence. When a 

lawyer asks a question or offers an exhibit in evidence and a lawyer on the other side thinks 

that it is not permitted by the rules of evidence, that lawyer may object. If I overrule the 

objection, the question may be answered or the exhibit received. If I sustain the objection, 

the question cannot be answered, or the exhibit cannot be received. Whenever I sustain an 

objection to a question, you must ignore the question and must not guess what the answer 

would have been.

Sometimes I may order that evidence be stricken from the record and that you 

disregard or ignore the evidence. That means that when you are deciding the case, you must 

not consider the evidence that I told you to disregard.
- 8 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 7: 

CREDIBILITY OF WITNESSES

In deciding the facts in this case, you may have to decide which testimony to believe 

and which testimony not to believe. You may believe everything a witness says, or part of 

it, or none of it.

In considering the testimony of any witness, you may take into account:

(1) the witness’s opportunity and ability to see or hear or know the things testified 

to;

(2) the witness’s memory;

(3) the witness’s manner while testifying;

(4) the witness’s interest in the outcome of the case, if any;

(5) the witness’s bias or prejudice, if any;

(6) whether other evidence contradicted the witness’s testimony;

(7) the reasonableness of the witness’s testimony in light of all the evidence; and

(8) any other factors that bear on believability.

You must avoid bias, conscious or unconscious, based on a witness’s race, color, 

religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic 

circumstances in your determination of credibility.

The weight of the evidence as to a fact does not necessarily depend on the number 

of witnesses who testify about it. What is important is how believable the witnesses are, 

and how much weight you think their testimony deserves.
- 9 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 8:

CONDUCT OF THE JURY

I will now say a few words about your conduct as jurors.

First, keep an open mind throughout the trial, and do not decide what the verdict 

should be until you and your fellow jurors have completed your deliberations at the end of 

the case.

Second, because you must decide this case based only on the evidence received in 

the case and on my instructions as to the law that applies, you must not be exposed to any 

other information about the case or to the issues it involves during the course of your jury 

duty. Thus, until the end of the case or unless I tell you otherwise:

Do not communicate with anyone in any way and do not let anyone else 

communicate with you in any way about the merits of the case or anything to do with it. 

This includes discussing the case in person, in writing, by phone or electronic means, via 

email, via text messaging, or any Internet chat room, blog, website or application, including 

but not limited to Facebook, YouTube, Twitter, Instagram, LinkedIn, Snapchat, or any 

other forms of social media. This applies to communicating with your fellow jurors until I 

give you the case for deliberation, and it applies to communicating with everyone else 

including your family members, your employer, the media or press, and the people 

involved in the trial, although you may notify your family and your employer that you have 

been seated as a juror in the case, and how long you expect the trial to last. But, if you are 

asked or approached in any way about your jury service or anything about this case, you 

must respond that you have been ordered not to discuss the matter. In addition, you must

report the contact to the court.

Because you will receive all the evidence and legal instruction you properly may 

consider to return a verdict: do not read, watch, or listen to any news or media accounts or 

commentary about the case or anything to do with it; do not do any research, such as 

consulting dictionaries, searching the Internet or using other reference materials; and do 

not make any investigation or in any other way try to learn about the case on your own. Do 
- 10 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

not visit or view any place discussed in this case, and do not use Internet programs or other 

devices to search for or view any place discussed during the trial. Also, do not do any 

research about this case, the law, or the people involved—including the parties, the 

witnesses or the lawyers—until you have been excused as jurors. If you happen to read or 

hear anything touching on this case in the media, turn away and report it to me as soon as 

possible.

These rules protect each party’s right to have this case decided only on evidence 

that has been presented here in court. Witnesses here in court take an oath to tell the truth, 

and the accuracy of their testimony is tested through the trial process. If you do any research 

or investigation outside the courtroom, or gain any information through improper 

communications, then your verdict may be influenced by inaccurate, incomplete or 

misleading information that has not been tested by the trial process. Each of the parties is 

entitled to a fair trial by an impartial jury, and if you decide the case based on information 

not presented in court, you will have denied the parties a fair trial. Remember, you have 

taken an oath to follow the rules, and it is very important that you follow these rules.

A juror who violates these restrictions jeopardizes the fairness of these proceedings, 

and a mistrial could result that would require the entire trial process to start over. If any 

juror is exposed to any outside information, please notify the court immediately.
- 11 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 9: 

NO TRANSCRIPT AVAILABLE TO JURY

At the end of the trial you will have to make your decision based on what you recall 

of the evidence. You will not have a written transcript of the trial. I urge you to pay close 

attention to the testimony as it is given.
- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 10: 

TAKING NOTES

If you wish, you may take notes to help you remember the evidence. If you do take 

notes, please keep them to yourself until you and your fellow jurors go to the jury room to 

decide the case. Do not let note-taking distract you from being attentive. When you leave 

court for recesses, your notes should be left in the courtroom. No one will read your notes.

Whether or not you take notes, you should rely on your own memory of the 

evidence. Notes are only to assist your memory. You should not be overly influenced by 

your notes or those of your fellow jurors.
- 13 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 11:

JUROR QUESTIONS

While it is not customary for a juror to ask questions of a witness, you will be given 

the opportunity to do so during this trial. After a witness has testified, I will ask if the jury 

has any questions for the witness. If you do, put the question in writing with your juror 

number and hand it to the clerk.

The court and counsel will review your question. Sometimes, the rules of evidence 

or other rules of law may prevent some questions from being asked. Do not be concerned 

if the question is not asked.

Do not discuss your question with anyone including the clerk. Remember that you 

are not to discuss the case with other jurors until it is submitted for your decision.

If you are unable to hear a witness or a lawyer, please raise your hand and I will 

correct the situation.
- 14 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 12: 

BENCH CONFERENCES AND RECESES

During the trial, I may need to take up legal matters with the attorneys privately, 

either by having a conference at the bench when the jury is present in the courtroom, or by 

calling a recess. Please understand that while you are waiting, we are working. The purpose 

of these conferences is not to keep relevant information from you, but to decide how certain 

evidence is to be treated under the rules of evidence and to avoid confusion and error.

Of course, we will do what we can to keep the number and length of these 

conferences to a minimum. I may not always grant an attorney’s request for a conference. 

Do not consider my granting or denying a request for a conference as any indication of my 

opinion of the case or what your verdict should be.
- 15 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PRELIMINARY INSTRUCTION NO. 13: 

OUTLINE OF TRIAL

The next phase of the trial will now begin. First, each side may make an opening 

statement. An opening statement is not evidence. It is simply an outline to help you 

understand what that party expects the evidence will show. A party is not required to make 

an opening statement.

The government will then present evidence and counsel for the defendant may 

cross-examine. Then, if the defendant chooses to offer evidence, counsel for the 

government may cross-examine.

After the evidence has been presented, the attorneys will make closing arguments 

and I will instruct you on the law that applies to the case.

After that, you will go to the jury room to deliberate on your verdict.