Free Response to Motion - District Court of Arizona - Arizona

Case 2:04-cr—OO358-DGC D0cument14O-9 FiIed12/19/2007 Page10f2

AFFIDAVIT OF ASSISTANT U.S. ATTORNEY, SHARON K. SEXTON
I, Sharon K. Sexton, the undersigned attorney, being duly sworn testify and avow the
following is true and correct to the best of my knowledge and belief.
1. I am an Assistant United States Attorney for the District of Arizona, and, as part of
my duties as an Assistant United States Attorney, was responsible for prosecution of the case
entitled, United States v. Clifford Smith, et.al., CR04-358-PHX-DGC. This case involved the
prosecution of subjects Clifford Smith and Lawrence Jackson.
2. Clifford Smith's lawyer was Michael Smith. From the time of indictment until the
date of Clifford Smith's plea, I had several communications with Michael Smith regarding a
proposed resolution of the case involving Clifford Smith.
3. I advised Michael Smith that I was interested in hearing Clifford Smith's version of
what happened during the murder of Victor Villareal and who was involved. I advised Michael
Smith that I was interested in Clifford Smith providing testimony regarding such matters. Michael
Smith told me that he would discuss the matter with his client. Michael Smith thereafter advised
me that he did discuss this matter with his client several times. Michael Smith advised me that _
Clifford Smith wanted to accept responsibility for his own conduct, but was not interested in
providing any testimony regarding the involvement of any other persons.
4. After I prepared a plea agreement for Clifford Smith, Michael Smith reminded me
that his client was very concemed about not being involved in any way in this case, other than `
accepting his own responsibility. Michael Smith advised me that during the plea proceeding,
Clifford Smith would not provide the names for any I he other partic`pants in the murder.
ff 2}--// [ 6 7
A S ARON . S TO DATE
County of Maricopa ) .
)ss:
State of Arizona ) _
Subscribed and sworn before me this [Q day of , 2
NANCY B.DHAPEFI //. ” I
gta®;2 Notary Public - Arizona NOT
vg} ‘-_· MAHIOOHAGOUNTY _
C = =-xw ·-·L~~=-4-#—=<= ¤··¢r·€' ocument 140-9 Filed 12/19/2007 Page 2 of 2

Case 2:04-cr-00358-DGC

Document 140-9

Filed 12/19/2007

Page 1 of 2

Case 2:04-cr-00358-DGC

Document 140-9

Filed 12/19/2007

Page 2 of 2