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EXHIBIT 21
Case 2:OO—cv—O1118—NVW Document 110-3 Filed O3/28/2007 Page1 of 4

. A??IDAVIT _
STATE OF ARIZONA I
) ss.
County of Maricopa ) ` V
DANIEL B. SEVERANCE, being first duly sworn, deposes
and says:
l. I was with Stephen Craig James on_o5 about
November 16, 1981. { _
2. I had known Mr. James for approximately three
- months prior to November 16. He had worked for my father who
at that time owned Rent It TV. I lived with Mr. James for
approximately one—and-a-half months prior to November 16, 1981.
3. During the period of time that I knew Mr. James, I
noted that after he drank a great deal he would do some very
unusual things. It seemed that Mr. James lost his temper rather
easily after he was intoxicated. On the date in question he was
extremely violent as a result of drinking due to the situation
involving his girlfriend. Mr: James also became very upset in-
volving any situation with Martin Norton, who Mr. James looked
at as a son. He attempted to take care of Mr. Norton and would
become extremely upset if something happened with this relation-
ship.
A. Mr. James was very intoxicated on November 16, which
is the last day that I spent with Hr. James.
5. Hr. James was also very emotionally upset on that
date because his girlfriend had recently left him. He had
even cried about her departure, which was very unusual for Mr.
James . I ‘
Case 2:OO—cv—O1118-NVW Document 110-3 Filed O3/28/2007 Page ia of 4

6. On the day Hr. James’ girlfriend came to pick up
her personal effects, she arrived with three or four big black
men, two of these individuals had guns and these two individuals
entered the trailer. I do not knee if the two other individuals
hah guns on them. ·
7. I had helped Hr. James clean that gtg, which was é
quite dirty. We were finally able to make it fire and, in
fact, fired the first two shots into a telephone pole outside
Hr. James' trailer.
8. while I was at the trailer on the 16th, Mr. James
received a telephone call from Martin Norton. Norton apparently
told James that some man had raped him or attempted to rape him
so Norton was going to bring this person to James' trailer.
When Mr. James hung up the phone, he explained that Norton was
bringing this person to the trailer and that he, Mr. James, was
going to "fuck him up." Mr. James appeared extremely serious
about this and extremely enraged and I was convinced that he was
going to do exactly what he indicated he would do. For that rea-
son, I left the trailer in that it was my belief that he was
going to kill the individual who had raped or attempted to rape
Mr. Norton. This was based on the way in which he looked and
acted and the fact that he was extremely intoxicated and upset.
9. I believe that Mr. James was in a very bizarre
` emotional state as a result of his girlfriend's departure, the
manner in which she left, and because he was also quite intoxi- `
cated when Hr. Norton called him. I had no douhtia my mind that
Case 2:OO—cv—O1118-NVW Document 110-3 Filed O3/23/2007 Page 3 of 4

Hr. James intended to`do exactly what he said he woud do after
be hung up the phone, which was kill the individual with Hr.
Norton.
10. I did not know Hr. Libberton very well, but I be-
lieve that he was simply at the wrong place at the wrong time
a
while Mr. James did exactly what he indicated~eanwaa going to
do which was to kill. I also believe that Mr. Libberton was on
drugs and was a good friend of Mr. James and may have been in-
fluenced by Mr. James to stay at the trailer.
ll. I was never contacted by Hr. Libberton'a defense
attorney and I was in Phoenix for well over a year after the
incident. I could have been contacted through a friend or
through my father who would have easily known my whereabouts.
_ ~/A
DATED this 2 day of September, 1987
Daniel B. Severance
fl
' SUBSCRIBED AND SWORN TO before me this 2 day of
September, 1987.
_ _¤f“;f
1 Q"
Notary Public
Case 2:OO—cv—O1118-NVW Document 110-3 Filed O3/28/2007 Page 4 of 4
My Commission_Exnires:
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Case 2:00-cv-01118-NVW

Document 110-3

Filed 03/28/2007

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Case 2:00-cv-01118-NVW

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Case 2:00-cv-01118-NVW

Document 110-3

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Case 2:00-cv-01118-NVW

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