My name is Kirk Fowler. I am over the age of eighteen. I have never been convicted of a felony and I am competent to make this affidavit. I have personal knowledge of the facts stated in this affidavit, and if called to testify, under penalty of perjury, I would testify to the following:

1. I work full time as a private investigator. I was licensed to practice in the State of Arizona in 1987. The majority of my work is in the area of criminal law.
2. My training and experience are set out in the herein attached resume, which I incorporated as a part of my affidavit.
3. I have investigated over a hundred serious criminal felony cases for the defense.
4. I have investigated at least 10 death penalty cases for the defense.
5. I was the original court appointed investigator for the defense, in this case. I was the only investigator working on this case. I worked as the investigator in this case from its beginning until sentencing.
6. During my investigation of this case I spent a great deal of time with Debra Milke. When I visited her in jail she cooperated with me fully. During my visits she would break down and cry profusely, when the discussion focused on her murdered son. I was able to observe her and become familiar with her personality traits and characteristics. I found her to be honest and forthright. She never lied to me or tried to deceive me. It was obvious she was grieving for her lost child.
7. I was present throughout the trial. When Debra testified I was surprised by her flat affect, odd demeanor, and confused answers. While testifying, she did not show any emotion. She appeared disjointed in her thought process, when answering questions, and obviously confused. This was not consistent with how I knew her to be after spending many months with her during my investigation of the case. When recesses were taken, and she was placed alone in the holding cell, she would break down and cry profusely.
8. I confronted her with her odd behavior, and asked what was wrong, why was she behaving so differently on the stand then she normally does? She responded that she could not allow herself to break down or to show her feeling in public. She told me that she was terrified that if she did not totally control her emotions and even let go a little, she would break down and not ever be able to regain control.
9. I have read attorney Kenneth Ray's affidavit, the attorney who represented Debra Milke during the trial phase of the case. I agree with the statements made by him in the affidavit, that relate to the investigation of the case.
10. It is my position and opinion that I did not have the necessary latitude to investigate this case the way it should have been investigated and the way I wanted to investigate it. I did not have the necessary latitude to investigate this case properly, because of financial and time restraints place on me by the court.
11. I have been working with Mr. Rosenquist, Debra Milke's present attorney, in the current investigation of this case, and as exemplified by the contents of the Petition filed in this case, and the affidavits contained therein, my previous investigation was far from complete.
12. It is my professional opinion, based on the facts that were developed in this case, that Debra Milke never confessed or admitted to any involvement in the death of her son, Christopher Milke, when she was interviewed by Detective Armando Saldate. I would not be assisting Mr. Rosenquist in the preparation of this Petition for Post Conviction Relief if I had any doubts about her innocence.

Further affiant saith not.

Kirk Fowler, Owner Kirk Fowler Investigations - Arizona License #8703004 -

7845 East Evans Rd, Suite F, Scottsdale, Arizona.
Phone : 602-443-4740.
Fax 602-443-0529

LANGUAGE SKILLS

Speaks and writes Spanish. Attended the border Patrol Academy as well as the State Department Spanish course. Stationed in Mexico City for 1-1/2 years.

EDUCATION

BA in History with a minor in Social Psychology.