My name is Dr. Leonardo Garcia-Bunuel, M.D. 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 am a medical doctor licensed to practice in the State of Arizona. I am a board certified Psychiatrist. I have been a certified Psychiatrist for 35 years. I am employed by Maricopa County, Arizona. I hold the position of Director of Correctional Psychiatry, and I have held that position for twenty-one years. I supervise the entire Correctional Psychiatric program for the County.
2. I personally know the Petitioner in this case, Debra Jean Milke. Her attending Psychiatrist was Dr. Martin Kassell, however, because of the seriousness of the charges and the high profile of this case, I saw her on a regular basis during the entire time she was incarcerated in the Maricopa County jail, which was approximately fifteen months. During her entire stay she was housed in the Psychiatric unit. I first saw her on December 7, 1989, and I last saw her on February 4, 1991. At first I saw her an average of two times a week. Toward the middle of her stay I would see her once every ten days to two weeks. As her trial approached, I again started seeing her several times a week.
3. When she first came into the psychiatric unit she was very depressed. She would cry often, for long periods of time. She had a hard time handling her interviews with her attorney, Ken Ray. Several times she became so upset she walked out of the interview. I offered to sit in on the interviews because she trusted me, and felt at ease around me.
4. There were a number of incidents which indicated she was suffering from intense grief, which was not relieved with the passing of time. During these incidents, which related to small children, she would become extremely upset, break down crying and run to her room. Many times she would start crying and say, "I abandoned my son, I abandoned my son when I let him go to Metrocenter with that man. It is my fault because I let him go." She never said anything or did anything that would lead me to believe she was involved in the death of her son, in fact she consistently maintained her innocence by stating, "How can they do this to me, how can they accuse me of killing my my own son?" She stated many times she was about to move away with her son to start a new life and get away from her son's father. At first she could not look at a picture of her son, however, later on, she was observed looking at his picture and smiling. She eventually put his picture on the wall of her cell.
5. During the entire time I saw her, her statements and actions were consistent with intense grief and inconsistent with a feeling of guilt, other then when she blamed herself for letting her son go to the Metro Center that day.
6. After observing her behavior, listening to her during our many discussions, and accumulating information from other people that interacted with her, during the first six months of her incarceration, I was convinced she was having a genuine grief reaction, not a guilt reaction. I also became convinced she was not involved in the death of her son; she was not guilty, in that she had no knowledge of what was going to happen to her son and was not a participant in any way.
7. She had said, a number of times, that she was very afraid and concerned about losing it in public; in front of other people. She wanted to deal with her feelings when she was alone, or in a one to one situation, with someone she trusted. I was the person she expressed and discussed her feelings with when it was a one to one situation.
8. My staff and I would discuss with Debra, on various occasions, her fear of losing it when she went to court. We would instruct her that she had to remain "cool," control her emotions, not react, not cry or become upset, listen to the questions and answer them as accurately as possible. This is standard procedure when we are dealing with a person who is going to trial on serious charges. We try to prepare them so they are able to handle the stress of the trial, and not break down. We do this by teaching them how to control their emotions during the stressful periods. To help achieve this we often go through a mock trial with them, which we did with Debra. I personally instructed Debra, a number of times, on how to control her emotions and not break down in court. She had been preparing for a long time not to show emotions when she went to court.
9. The anti-depressant medication Debra was taking during her trial would not have caused her to be non-emotional during the trial, however, it would have helped her to stay non-emotional, as she was trained and instructed to do.
10. During the fifteen months she was in the psychiatric unit, neither the staff or I found her to be deceptive or manipulative. She was always honest, kind, and never tried to use her feelings.
11. An intense grief reaction lasts from six months to a year, then it heals and subsides to varying degrees, so by the time Debra went to court she had gone through the most severe part of her grief reaction, had accepted the fact that her son was dead and had healed to some degree, which, also, helped her to control her emotions.
12. By the time Debra went to trial she had developed a strong faith/belief that she would not be found guilty. In my twenty-one years of dealing with people facing death penalty or life imprisonment sentences, I have not seen a reaction like Debra's unless the person was convinced they were innocent. If a person were guilty, he or she would eventually accept the fact that they were, and go to trial with an attitude that they were going to be found guilty, whether they were found guilty or not.
13. During the trial, when Debra came back to the jail from court, she would go to her room and completely fall apart. She would become hysterical and cry profusely for a considerable period of time.