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EXHIBIT 16
Case 2:OO—cv—O1118—NVW Document 109-8 Filed O3/28/2007 Page1 of 3

AFFIDAVIT
State of Arizona )
) ss.
County of Pinal )
Being first duly sworn, GLENN C. JOHNSON says as follows:
1. In November 1981, the Maricopa County Superior Court appointed me to
defend Steven James in his murder case, not long after Mr. James was arrested.
2. I continued to represent Mr. James through the early stages of his case, until he
and his family chose to retain the services of Terry Pillinger. I no longer
represented Mr. James after the court accepted Mr. Pillinger’s substitution of I
counsel in May 1982.
3. My recollection of Steven J ames’s case is affected by the twenty—five years that
have passed since then. I no longer remember some events, and I have not
retained any files, documents or records from the case. However, this was a
murder case, and some aspects of it stand out in my mind.
4. The prosecutor in the case was Myrna Parker. I recall that the prosecution made
a plea offer early in the case. The offer was for Mr. James to plead guilty to first
degree murder, and in return he would receive a life sentence, with no death
penalty and with a possibility of release after 25 years in prison. I do not
remember whether the offer was oral or was in writing.
5. I communicated this offer to Mr. James. He did not want to accept it. My
impression was that he was in denial of the more serious punishment he faced.
Not long over turning down the plea offer, he chose to seek other
representation.
6. When I represented Mr. James, I recall learning that he was intoxicated at the
time of the offense. I cannot remember where l first learned this information.
However, I have recently read pretrial statements of prosecution witnesses,
Martin Norton and Daniel Mclntosh, and these statements are consistent with
my recollection that drugs and alcohol permeated the case.
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7. Not long before I was relieved as counsel of record, I requested the court to
appoint an investigator to assist me in preparing a defense. I needed to explore
Mr. J ames’s drug and family history. I knew that he had been adopted as a child
but did not know anything about his early life.
E 8. If I had continued to represent Mr. James, I would have directed much of my
attention to trying to save my client from the death penalty. With regard to
sentencing, I would have used the plea offer I had received to show that this
was a case in which the state was willing to "take death off the table." I also
would have explored the possibility that Mr. James was under the influence of
drugs or alcohol at the time of the offense, and would have investigated his
history of drug abuse and his family history as potential mitigating factors at
sentencing.
DATED this day of , 2007. · 7
i · C. JOHN ON
Subscribed and sworn before me this day of 2007
Notary Public
My commission expires: ·iERg?iJ‘gCéAl—Afft/ishom I

r..i g
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