Free Declaration - District Court of Arizona - Arizona

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Case 2:04-cv—OOO39-I\/IHI\/I Document 88-4 FiIed12/O1/2006 Page10f3

DECLARATION OF DARREL ESTON LEE
I, DARELL ESTON LEE, declare under penalty of perjury, as follows:
1. I am the Petitioner@fthe pending habeas corpus matter.
2. My trial attorney was Steven Politi who was a Deputy La Paz County Public Defender.
3. All Mr. Politi wanted to do with my case was to have me take a plea.
4. He told me that if I was convicted of the murder and other charges, Judge Irwin would
sentence me to death.
5 . With regard to my use of medications prior to the incidents for wljch I was convicted and
during the time I was incarcerated in jail, I used Elavil and other prescribed drugs at various times.
6. For l years prior to 1991, I was taking Elavil for depression.
7. I generally took 200 mg. per day.
8. About one week prior to the killing of Mr. Anderson I stopped taking the Elavil.
9. I began taking Elavil again when I was locked up at the Maricopa County Jail.
{kit mn the Elavil every day when I was locked up at the La Paz County Jail. I
receive y. I also received Xanax and other medications at the La Paz County Jail on
rrrrrrrr; mr
a daily
medications I received at the La Paz County Jail every day that I was
there I .. I I - _¤i¤"
12. This made it difficult to deal with Mr. Politi and made it difficult to understand him and
understand what was going on with my case.
13. With regard to the facts surrounding the killing ofMr. Anderson, I told Mr. Politi what
had happewrst time that I met with him. I advised him that I was prese! during the abduction
l .
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and killing and that Karen was the one who hit the victim with the rock.
14. I never intended that Mr. Anderson be killed.
15. On March 30, 1992, when Mr. Politi and I met with Mr. Suskin, I also told Mr. Suskin
everything about what went on.
16. In most of my conversations with Mr. Politi, I told him about my use of alcohol and
cocaine and discussed the diminished capacity and intoxication defenses with him.
17. Mr. Politi said that intoxication was not a valid defense in Arizona. I tried to discuss a
diminished capacity defense with Mr. Politi. He advised me that diminished capacity is not a defense
in Arhona. Mr. Politi insisted on presenting an alibi defense even though I wanted to present a
diminished capacity defense,
18. I wrote two letters to the Judge asking for a new lawyer.
19. When I went to trial, the jurors often saw me being brought into the courthouse in
handcuffs and shackles.
20. I often saw the jurors speaking to the victim’ s son and fiiends ofthe victim’s son as I was
brought into the courthouse.
I affirm under penalty of perjury that the foregoing information is true to the best of my
knowledge, information and belief
Signed thisni day of gvqqq gg E-- {Q 15 L [ , 2006 at Florence, Arkona.
I i 2 Q .-Q; ei-,
Darrel Eston Lee
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Case 2:04-cv-00039-MHM

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