Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT "A”
Case 2:03-cv—OO774-DGC Document 72-2 Filed O2/27/2006 Page 1 0f4

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1 SUSAN T. MATHEW, EQSQ. (SHN: 01291:1)
3 1850 N. Central Ave., Same 1910 ‘
Phoenix, Arizona 85004
4 1 Tel: 8602) 254-8038 { Fax: (1602) 254-2204
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6 Attemeys tb: Petitioner, JAIVES IBRIN MGKINNEY
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3 UNITED STATES DISTRICT COURT U
9 FUR THE DISTRICT OF ARIZONA
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m JAMES ERIN M¤1~i.11~HNEY, N0. cv 03—'7'74-PI~IX- nec?
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Petitioner,
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1.3 1 DECLARATION OF SCDTT F. ALLEN
14 DORA SCFTRTRO, ci al.,
(Assigned to the Hon. David G. Campbell)
I5 Respmntdents.
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’ L SCOTT F. ALLEN. do state and declare as Fnllnws:
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1. I um at licensed ettemey in the State of Arizona.
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2. My primtnry area ef practice is crimi.nal law.
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3. 1 have been tm allumey since l935.
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4. 1 have served as 11 representative 0'F ¤t‘i.mi1‘m1def¢nd&11LS in ever 1,1100 cases.
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5. 1 have served as n legal representative fer people accused of crimes in which
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_ the death penalty may be impesed as punishment.
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I 6. During 1991 through 1993, I served as attemey fer James Erin Mcliinncy, in
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3 the capital case ¤1`.'S`mz‘e v. McK!r1ney.
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Q, 7. During the course of my representation, I sought a severance in the case from
3 4 the co-delhndant. Michael I-Tedlund, (Stare v. Hsdhmd) as 1 believed my client, James
4 f Mcliinncy. could not havc a fair trial.
5 8- Over my ctn actions, the trial judge in the case ordered my client to trial with
5 ; the co-defendant, Mr. Hedlund, utilising a dual jury-
7 9. 1 appealed this dccision to the Court of Appeals, State of Arizona.
3 l 10. The Court of Appeals agreed with me and ordered the Defendants not to be
9 tried together. Hedlund v. .S'tqper£o:· Court, 171 Ariz. 566; 332 1*.2d 219. (App.Div. I
10 1992.). -
11 11. The decision of the Court ul` Appeals was overturned by the Arizona Supreme
12 Court, Hariltmd v. Sheldon, l73 Ariz. 143; 840 `F’.2d IOOR (Ariz. l992.).
13 I2. I—Ia•;l I been informed that Mr. McKinney had not planned the murder of Mx.
14 jim McClain, l would have been able to argue to the Supreme Court that my client would bc
15 available to testity in his dctcnsc regarding thc McClain case at trial.
is 13. l.n addition, had llmown that my client, James Mcrtinney, did not participate
17 Q in the act of killing Mr. Mctllairi, l would have been able tc present this inltnmation during
18 thc sentencing, phase.
19 14. Based upon my experience as a criminal lawyer having served as counsel in
20 capital cases, this would have allowed me to present information to the judge for evaluation
2t i during. thc sentencing phase.
22 15. I believe the fact that my client was not involved in the murder of Mr.
23 McClain. This is extremely important information which could have made a difference in
24 the sentence received by Mr. McKinney.
25 16. l was unable to present this important information because l did not have this
26 1 tnl`ormatlon during the trial or at the time ofscmeucing.
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2 17. 1 was unable te place my client on the stand te testify in his own defense based
3 upon the dual jury dual murder format te explain his innocence:.
4 18. I was also unable tn place my client on the stand to teatity in his own defense
5 during sentencing.
6 I declare the above te be true and correct to the best ef my lmewlcdgc.
7 Hxecuted this day efFcbn1a1·y, 2006 at Plmcnix, Arizona.
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Case 2:03-cv-00774-DGC

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