My name is Kenneth Ray. 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 an attorney, licensed to practice in the State of Arizona.
2. I was licensed to practice law in the State of Arizona in 1984.
3. I was the attorney who represented the Petitioner, Debra Jean Milke in the above cited case. I represented her throughout the trial phase of the case.
4. I was appointed by the court to represent her several days after her arrest. I concluded my representation of her shortly after sentencing. I did not represent her on appeal.
5. I have handled approximately 600 criminal cases prior to Debra's case. I have tried approximately 60 criminal cases prior to Debra's case. I have tried one death penalty case prior to representing Debra Milke in this case.
6. I was never made aware of the State's witness by the name of DOROTHY MARKWELL until October 4, 1990, the day the prosecutor advised the Court that he had just become aware of a new witness he wanted to call in rebuttal. He indicated to the Court that he had become aware of this new witness through conversations with another witness, several days earlier. This was after Debra Milke had testified and I had rested my case.
   I subsequently found out that DOROTHY MARKWELL had been contacted by detective Armando Saldate approximately four months prior to trial, and that MS. MARKWELL had been subpoenaed by the State for the trial, but was released from her subpoena just prior to the trial. I brought this to the Judge's attention through a motion to bar her testimony. The Judge ignored the lie perpetrated on the court by the prosecutor and ruled that the prosecution could call her as a rebuttal witness. I interviewed her on the 5th of October, 1990 and was given until 9th of October to obtain any information I could on her. However, the 6th and 7th was a weekend, and the 8th was a holiday, therefore, I did not have sufficient time to investigate her background, motives and credibility. I could not obtain any meaningful information from her during the interview on the 5th, because she was so hostile.
7. I was not allowed by the Court to impeach Detective Saldate with the fact that he falsified his election campaign form by putting down a false address.
8. I have read Section I, II, and III of the Post Conviction Relief Petition file in Debra Milke's case, to refresh my memory. I found all the facts contained therein true, and all the allegations contained therein accurate.
9. I have read and understand Strickland et al. v. Washington 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2nd 674 (1984).
10. It is my opinion that my representation of the defendant in this case was ineffective, based on the holding and reasons for the holding in Strickland et. al. v. Washington. Id. Further, it is my position that my ineffective representation of Debra Milke was caused by the separate and joint conduct of the judge and prosecutor in this case.
11. If I were :
    • given sufficient money to investigate this case properly,
    • allowed to fully cross-examine the state's witnesses in this case,
    • allowed to obtain and call the witnesses I wanted to,
    • provided critical discovery, in a timely manner,
    • not blocked by the court in obtaining information beneficial to the defense,
    • treated fairly by the court in the trial of this case,
    • given the flexibility I needed to prepare and present a defense in this case, by the court,
    the outcome would have been different.
12. It is my opinion that the Judge in this case was extremely bias toward the prosecution, based on her conduct throughout the proceedings and the serious improprieties set out in the Post Conviction Relief Petition filed in this case.

Further affiant saith not.

VERIFICATION

KENNETH RAY, being first duly sworn, under penalty of perjury, upon his oath deposes and states :
That he has read the attached affidavit and all the facts contained hterein (paragraph 1 - 12 inclusive) are true.

Signed : Kenneth Ray

SUBSCRIBED AND SWORN to before me this 30th day of September, 1995, by Kenneth Ray.