Free Other Notice - District Court of Arizona - Arizona

1 Appendix A: Affidavit 0f Betty Davis, dated 8/9/05
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C se 2:00—cv—00936-SIVIIVI Document 175-2 A Filed 08/11/2005 Page 1 of 4

STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
AFFIDAVIT OF BETTY I. DAVIS
I. Betty Davis, being first duly swom upon her oath, deposes and says that:
2. I am currently employed as a Legal Assistant by the Arizona Department of
Corrections ("ADC"), Legal Services division, and have been since April, 1999.
3. I make this Affidavit based upon my personal knowledge and results of researching
and requesting records pertaining to the above—referenced case.
4. I am qualified and capable of gathering requested documents, if any exist.
5. At the request of Robert Walsh, Assistant Attorney General, I searched for and
requested various documents in response to Petitioner’s First Request for Production
of Documents. V
6. The following records/documents which were requested in Petitioner’s First Requests
for Production do not exist anymore and could not be found because the time frame
for which said documents are kept has passed, pursuant to the State of Arizona
Records Retention and Disposition Schedule: _ _ "
Mail logs
Recreational/observational logs
Complaints
Investigation reports
Case 2:00—cv—00936-SI\/II\/I Document 175-2 Filed 08/11/2005 Page 2 of 4

Supplemental reports
l Investigation memorandum, '
. Witness information `
Interval investigation memorandum .
Internal investigation reports
Movement records
Grievances V
Transportation logs
Compatibility lists for recreation and related documents
Transcripts of telephone calls
Personnel files for Warren and Savalas
7. According to the Record Retention and Disposition Schedule for ADC, most
documents are kept between one and five years, and several are kept for 10 years.
The inmate permanent record is kept for 25 years after sentenceexpired or parole
completed.
8. With regard to Request for Production N o. 9, housing assignments are recorded on ‘
the AIMS (Adult Information Management System). The AIMS program was A
introduced into ADC sometime in 1985. Housing assignments prior to 1985 are not
entered into AIMS. Prior to 1985, some information on housing assignments may _
be found in the inmate’s permanent file indicated on Inmate Status Change slips.
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Case 2:00—cv—00936-SI\/II\/I Document 175-2 Filed 08/11/2005 Page 3 of 4 A

‘g_ With regard to Request for Production No. 15, infomation about weapons found in €
_ A CB 6 during the time from May, 1981 through January, 1984 cannot be reasonably
` found. First, I would have to know the names and ADC numbers of all inmates that
were housed in CB 6 during that time. That is not possible because AIMS (electronic
filing system) was not introduced into ADC until 1985. Second, if I knew the names
of the inmates, I would have to pull each inmate’s permanent record file and review
it to see if the inmate received a disciplinary for a weapon(s) violation. That would
only tell me if the weapon was connected to the inmate receiving the violation. There
is no way to know if there were any reports written for weapons found in CB6 that
were not linked to a particular inmate. It could take an unfathomable amount of man
hours to review hundreds of inmates, and that is based on the premise that I have the
names and numbers of the inmates , which I do not, and have no way of knowing.
,&@ gl . S9/ww
Betty J. Davis s
SUB SCRIBED AND SWORN TO before me this i day of August, 2005, by Betty
~¤iA *,,9;
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