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I EXHIBIT 46
Case 2:OO—cv—O1118—NVW Document 112-8 Filed O3/28/2007 Page1 of 4

AFFIDAVIT
STATE OF ARIZONA )
) ss
COUNTY OF 1\/IARICOPA )
MARK ROBERT DAUBER states under oath as follows:
1. I interviewed Winnie James on October 5, 1993, from 2:00 p.m. to 4:00 p.rn. The
interview took place at her home in Glendale, AZ. I took contemporaneous notes
during the interview and memorialized them in a memorandum This affidavit is
based on that memorandum.
2. Winnie described the circumstances that led her and her husband Bradley to adopt
Steven in 1963.
A. Steven and his sister Donna were brought from Los Angeles to Arizona by
Jerry White. Mr. and Mrs. White were considering adopting the children.
Donna was thirteen months old at the time. Steven was older.
B. Mrs. White was a nurse at the Veterans Administration Hospital. Winnie
believed that 1\/Ir. White worked there also.
C. Mr. and Mrs. Andy Pool, neighbors of Winnie and Bradley J arnes. ended up
adopting Donna.
D. Bradley J arnes met Steven one day when Steven was at the Pool’s house,
visiting Donna.
E. Bradley and Winnie were reluctant to adopt Steven at first, thinking they
were too old. However, Bradley was tending his animals in his yard one
day, and Steven came up to the fence. Bradley asked Steven if he wanted a
dog, and Steven replied that he couldn’t have one because he didn’t have a
home. That’s when Bradley and Winnie decided to adopt him.
F. A long time passed before the adoption because the Whites kept changing
their minds about whether they wanted Steven.
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I 3. After Steven came to live with Mr. and Mrs. James, they discovered that he was
going to be very difficult to raise. He had short attention spans, would not do what
he was told, and engaged in mischief. Winnie stated during our interview: °°Steven
was a problem from day one. l don’t think my husband and l were equipped to
handle the situation."
4. Steven was taking behavior medications when he first came to the James home
from the White home, but Bradley did not believe in such medication, so they
discontinued them.
5. Steven also had a bedwetting problem. Bradley and Winnie would alternate
sleeping with him to get him to stop. Ultimately, Winnie learned about a pill that
stopped bedwetting, and this appeared to work.
6. Steven had anxiety about being abandoned or shuffled about. When couples
would visit the James family, Steven asked if he was going home with them.
7. Steven was afraid to walk down the hallway at night to use the bathroom.
8. Bradley and Winnie never sent Steven to outside therapists, but he did see a
counselor at school.
9. Steven had a hernia from the time he came to their home. When Steven was nine,
Dr. Rosinski operated on him to remove the hernia at John C. Lincoln Hospital.
Winnie gave her permission to Dr. Rosinski to circurncise Steven at the same time.
The next morning, Steven said to Bradley: "They cut my penis off."
IO. When Steven was older, Bradley shuffled him through various high schools
because he kept getting into trouble. Steven was suspended at one point from
Paradise Valley High School for stealing money from a teacher’s purse, and
Bradley would not allow him to return. He sent Steven to a military school in New
Mexico, but Steven lasted only a couple of months before he was asked to leave.
Brad and Winnie then moved, enrolling Steven at Apollo High School, but he had
problems there also.
ll. Steven sometimes stole money from Winnie’s purse. She speculated during our
interview that he would use the money to buy drugs.
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12. Steven married a young woman named Mama, but the marriage failed. Referring
to Steven and Mama, Winnie stated: "They were both taking dope at that time."
13. Wimrie and Bradley hired Terry Pillinger to represent Steven on his murder case.
Winnie was referred to Pillinger through the American Education Association
(Winnie was an elementary school teacher).
14 Pillinger did not interview her or prepare her in any other way before she was
called to testify at Steven’s mitigation hearing.
15. After Steven’s trial, Pillinger sent Bradley and Winnie a long itemized bill for
legal services, claiming that they owed him about $25,000. She and Bradley
believe that they were being charged for many things Pillinger had not done, and
they refused to pay. Ultimately, they settled for a lesser amount, about $5,000.
I declare under penalty of perjury that the foregoing is true and correct.
Dated {ig! U/WW 2/ , 2007. 2
MARK ROBERT DAUBER
SUBSCRIBED AND SW ORN TO before me this2[ day of
2007.
Public Notary
My commission expires: l i ( l*2g2o1O
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Case 2:00-cv-01118-NVW

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