Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

Case 2:O4—cv—OO534—NVW D0cument41—13 Filed O9/19/2005 Page10f4

A Amicus REsEARcH & INVESTIGATION .
June 21, 1998
· Faxed memorandum
Original follows in U.S. Mail
Billy Sipe Lee M. Novak
Attorney at Law Attorney at Law
820 Beale St. 212 N. 4111. St.
Kingman, Arizona 86401 Suite 10
Kingman, Arizona 86401
Re: Bobby Poyson ,
Dear Billy & Lee,
The following is a list of our suggestions for continuing investigations for
the purpose ofpresenting a complete mitigation. As with any such project,
the list naturally consists ofa good-better—best priority and we must suggest
everything as if this were a perfect world and that expense and time
available were no object. The main objective, even though the judge will
deny may of these requests, is to create a record.
l think that one of the significant issues should be the hard core drug abuse
of both parents, preconception and in the first trimester of Ruth’s pregnancy
with Bobby.
There has been significant scientific research in recent years on the DNA
alterations of hard, long term drug abuse.
Originally it was thought that only the ovum able to be contaminated and
altered; however, it is now thought that sperm is also affected.
Ruth Garcia1s heavy drug abuse in the pre pregnancy and early on in the
pregnancy undoubtedly caused severe damage to her unborn child.
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lnstead of recreating that research, 1 suggest we rely on the network of Death ,
Penalty Attorneys nationwide for the newest up-to—date information. This y
will 1%1st—forward the information and do so at virtually no cost. gy 1
ln addition, there are a few additional institutions where we can call & write
to also get the latest scientific research. Places such as the National Center
for Disease Control (CDC) in Georgia and similar tax payer funded
organizations.
The next issue is the significant documentation of`Bobby’s medical history
and physical abuse. While much can be supported by obtaining additional
records, I believe we need to conduct, several more interviews with Ruth
Garcia, all the stepfathers, siblings, surviving maternal grandparents and of
course the biological father.
lf the suspected biological father did not have such a developed history of
apparent mental illness, drug & alcohol abuse, proving absolute paternity
would be more arguable. However, we are to take the position that the
biological father passed on defective genes, whether those defective genes A
were already present in the genealogy or altered by chemicals, l believe we
must be able to scientifically prove paternity
In doing so, we probably will find the same test to prove DNA can also bc
analyzed further to see if particular genes related to behaviors of all types are
present. absent, mutated etc.. Depending on how strong you feel regarding
this issue, ifludge Conn is resistant to providing funds for this or other
medical testing, we have options which we can discuss, such as suing the
Mohave Board of Supervisors or other source ofMohave County money;
obtaining grant money from the County, State or National Bar; A..C.L.U.;
Institute for Mental health; pro bono appeal to the clinic running the tests
and others.
l believe the maternal grandmother is very important, as are Ruth Garcia`s
siblings. Those interviews should be conducted in person when ever
possible.
Despite the Draconian size ofthe interview list., l feel that if we started on
.luly lll, and worked non—stop, we could have most of the interviews
completed by July 15.
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Case 2:O4—cv—OO534—NVW Document 41-13 Filed O9/19/2005 Page 3 of 4

This date is optimistic based on everything working well, yet gives us time
to pick~-up on new mitigation issues should they arise and still allow
reasonable time for preparation and last minute changes of the mitigation
· package.
It appears that we will need to travel to only a few geographic areas lor the
bulk ofthe interviews; The Kingman/Bullhead cities area; a fifty mile
radius around Twin Falls, Idaho & Jack Pot, Nevada areas and the Texas
prison for the father.
liinally, we have included some suggestions which have primary value in
mitigation and secondary benefit in the appeal, so those topics will need to
he discussed further prior to engaging those projects and they are included
just as a suggestive checklist as we go along. p
Please review the following material and let us know your wishes. Perhaps
we should all get together and discuss priorities.
Kindjzst regards,
`· ..·/(ill" it .---. ,- .
he to figs! si i
Chris & Blair
3
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