Free Additional Attachments to Main Document - District Court of Arizona - Arizona

EXHIBIT 40
Case 2:OO—cv—O1118—NVW Document 112-2 Filed O3/28/2007 Page1 of 4

DECLARATION of
MARNA GAYLE KELLEY
1. Steven James and 1 were married in Las Vegas, NV on January 31, 1980. We had
dated for several months before that.
2. 1 loved Steven dearly, but it became more and more difficult to live with him. He
constantly needed attention, like a little boy, and 1 felt like a baby sitter. 1
separated from him in the fall of 1980, and we were formally divorced in February
1981.
3. Steven was seriously mentally ill and desperately needed help.
• He had dramatic, instant and unpredictable mood swings, on average three
times a week.
· The smallest of things would set him off into rages, often for fifteen or
twenty minutes at a time.
· 1 remember an example of his irrational mood swings very clearly. We had
a wedding celebration at my parents’ home a few months after our wedding
in Las Vegas. Steven’s adoptive mother, Winnie James, accidentally
bumped into a vase, tipping it over. Steven caught the vase, preventing it
from breaking, but he yelled at his mother in uncontrolled anger, spoiling
the evening.
• He couldn’t hold onto jobs because of his mood swings.
· Steven had hallucinations. 1 remember him telling me that he saw little
green men in the corner of the room. He did not appear to be under the
influence of drugs at the time.
• He also fantasized that he was a descendent of the outlaw, Jesse James.
· Steven had been told that his biological father was in prison, and he had a
strong belief- a fixation — that he would also end up in prison.
1
Case 2:OO—cv-O1118-NVW Document 112-2 Filed O3/28/2007 Page 2 of 4

• I recall learning at one point that Steven had been diagnosed as paranoid
schizophrenic. I’m pretty sure that I did not learn this from Steven himself,
but I no longer remember the source of the information.
• Steven had a seemingly insatiable sexual appetite. He wanted to have sex
with me all the time. It felt very abnormal.
· Once, I saw someone outside our bedroom window peeking at us when we
were having sex. I told Steven and he went outside to talk to the person. I
could not overhear what they said but it looked like he knew the person.
• I wanted Steven to get psychiatric help. He told me that he had previously
. seen psychiatrist, with his adoptive parents’ assistance, but it hadn’t been
of any help, so he rejected my suggestion.
I • We went together to a counselor for a few sessions, but it also did not help.
4. The first night I met Steven, we went for a drive and drove past his parents’ home
in Glendale. There were some condominiums behind the James’ house. It looked
like the condos had been under construction, but the construction had stopped and
the place was abandoned. Steven took me inside the condos, where we sat and
talked. I noticed several transients in the building, apparently homeless. When I
became frightened, Steven told me not to worry because he knew the transients
and lived there himself sometimes. It seemed very strange because the condos
were so close to his own parents’ home.
5. After I broke up with him and we were going through the divorce, Steven called
me one night at work, asking to talk with me. I met him outside my place of
employment and told him that our relationship was over. He grabbed me and tried
to put me into his truck. I was able to get away from him, but it frightened me and
‘ I never went back to that place of employment.
6. Steven never physically hurt me or anyone else during the time that I knew him.
I remember one time when he threw a table across a room in anger, but it wasn’t
thrown at a person.
7. It was awful living with Steven, even though I loved him very much. He was
terribly disturbed and needed help in the worst way, but nothing worked and the
situation just got worse and worse.
2
Case 2:00-cv-01118-NVW Document 112-2 Filed O3/28/2007 Page 3 of 4

8. No one connected with the defense of Steven’s case called me before he was
convicted of murder and sentenced to death. I lived in the Phoenix area at the time,
and would have been available to answer questions relating to what I knew about
Steven and his very troubled mind.
I declare under penalty of perjury that the foregoing is true and correct.
fw iiii 4/’
D ATED V / 6 { I i ij QD/1 { ,/ _ jc K gx yr 2 .
/ / MARNA GAYLE KELLEY ee
3
Case 2:OO—cv-O1118-NVW Document 112-2 Filed O3/28/2007 Page 4 of 4

Case 2:00-cv-01118-NVW

Document 112-2

Filed 03/28/2007

Page 1 of 4

Case 2:00-cv-01118-NVW

Document 112-2

Filed 03/28/2007

Page 2 of 4

Case 2:00-cv-01118-NVW

Document 112-2

Filed 03/28/2007

Page 3 of 4

Case 2:00-cv-01118-NVW

Document 112-2

Filed 03/28/2007

Page 4 of 4