Free Memorandum - District Court of Arizona - Arizona

EXHIBIT 2
Case 2:OO—cv—O1118—NVW Document 108-5 Filed O3/28/2007 Page1 of 3

* AFFIDAVIT
{ ` 4; STATE OF ARIZONA ) ‘ .
COUNTY OF MARICOPA ) SS
I, Robert A. Wertsching, being first duly sworn upon my oath, depose and say as
follows: °
1) I was appointed by the Juvenile Division of the Maricopa County Superior Court
to represent Martin Norton, a minor, in connection with No. J94599, 1:251120, a petition
filed against Mr. Norton alleging that he had participated in a murder occurring on or about -
A November 17, 1981. ‘
2) As counsel for a minor charged with murder, it was essential for me to make all
_ reasonable efforts to assure that my client would not be_remanded to adult court. The
_ V prosecution had made a formal transfer request on the petition filed against my client.
‘ 3) On my client’s behalf, I had at least two conversations with the head prosecutor
of the juvenile division of the Maricopa County Attorney’s office on the subject of whether
the County Attorney would agree not to seek transfer of Mr. Norton to adult court.
2 4) These conversations began shortly after I commenced my representation of the
K minor, and continued over a period of weeks.
°· sj At some point in time the head of the juvenile division indicated orally that if Mr.
C li Norton would give a full and accurate statement to the County Attorney and would testify
consistently with that statement at the trials of the adults who participated in the homicide
offense, the County Attorney would not seek to have my client transferred to adult court.
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nf 6) Thereafter, in expectation that these contingencies would be met by a debriefing
of my client, I was present at the jail when my client gave a statement to Ms. Myrna Parker,
I A Deputy County Attorney, in the presence of an investigator.
7) At the time of the formal jail interview with Ms. Parker, my client and I expected
that if my client was truthful in the debrieting and cooperated fully with_the prosecution of
the adult defendants, he would not be remanded to adult court. I have no information
whether Ms. Parker was aware of my oral communications with the head of the juvenile
division.
S) Subsequent to the formal jail interview with Myrna Parker, my client and I signed
a formal written agreement that conformed with the oral understanding I had previously
reached with the juvenile division prosecutor.
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rag; gt »> r/gg » ( /1% I t”’/tar; ,2
—v _ r ROBERT A. WERTSCHING J
A Subscribed and Sworn to before me this 27th day of August, 1993.
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My Commission Expires:
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