Michael D. Kimerer, #002492 

Lori L. Voepcl, #015342 

Kimerer & Den'ick, P.C. 

221 East Indianola Avenue 

Phoenix, Arizona 85012 

Telephone: 602/279-5900 

Facsimile: 602/264-5566 

Attorneys for Petitioner 

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. 

IN THE UNITED STATES DISTRICT COURT 

DEBRA JEAN MILKE, 

Petitioner, 

V. 

TERRY STEWART, et al., 

Respondent. 

DISTRICT OF ARIZONA 07-99001 

) 

) 

) 

) 

) 

) 

) 

) 

) 

No. CV-98-0060-PHX-RCB 

______________ ) 

EXHIBITS TO PETITIONER'S 

BRIEF ON THE MERITS 

VOLUME I 

(EXHIBITS 1-11) 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 1 of 185
Michael D. Kimerer, #002492 

Lori L. Voepel, #015342 

Kimerer & Denick, P.C. 

221 East Indianola Avenue 

Phoenix, Arizona 85012 

Telephone: 602/279-5900 

Facsimile: 602/264-5566 

Attorneys for Petitioner 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

DEBRA JEAN MILKE, 

Petitioner, 

v. 

TERRY STEWART, et al., 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

No. CV-98-0060-PHX-RCB 

EXHIBITS TO PETITIONER'S 

BRIEF ON THE MERITS 

VOLUME I 

(EXHIBITS 1-11) 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 2 of 185
LIST OF EXHIBITS 

1. SOCIAL HISTORY 

2, DR. DA YID BIEGAN'S REPORT 

3. AFFIDAVIT OF RENATE JANKA 

4. AFFIDAVIT #1 OF KIRK FOWLER 

5. AFFIDAVIT OF BAERBEL JACKS 

6. INTERVIEW OF SANDRA PICKINPAUGH BY SALDATE 

7. ORDER OF PROTECTION 

8. MEDICAL RECORDS OF CHRISTOPHER MILKE 

9. AFFIDAVIT OF DR. KEVIN ZUERLEIN 

10. EXCERPTS OF JIM STYERS' TRIAL TESTIMONY 

11. MILITARY RECORDS OF JIM STYERS 

12. EXCERPTS OF ROGER SCOTT'S TRIAL TRANSCRIPTS 

13. PRESENTENCE REPORT OF ROGER SCOTT 

14. DR. TATRO'S EVALUATION OF ROGER SCOTT 

15, SALDATE RESEARCH 

16. REDACTED LETTERS FROM JIM STYERS TO DEBRA MILKE 

17. EXCERPTS OF INTERVIEW OF GAIL LIPSHULTZ 

18. DEBRA MILKE'S EMPLOYEE BENEFITS SELECTION FORM FOR JOHN 

ALDEN INSURANCE 

19. DEBRA'S APPLICATION FOR EMPLOYEE BENEFITS FROM LINCOLN 

NATIONAL 

20. EXCERPTS OF TRANSCRIPTS RE: JIM STYERS' AND ROGER SCOTT'S 

KNOWLEDGE OF DEBRA'S EMPLOYMENT BENEFITS PLAN 

21. DEBRA'S APARTMENT RENTAL APPLICATION 

22. SELECT ROGER SCOTT HABEAS EXHIBITS 

1 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 3 of 185
23, SUPPLEMENT AL REPORT OF ROGER SCOTT BY DETECTIVE MILLS 

24. DETECTIVE SALDATE'S SUPPLEMENTAL REPORT OF DEBRA MILKE 

25. MINUTE ENTRY DATED 1/18/91 

26. ORDER DATED 11/18/96 

27. NEW TIMES ARTICLE 

28, PROFESSOR RICHARD LEO'S REPORT 

29. PHOENIX POLICE DEPARTMENT INTERROGATION POLICIES AND 

PROCEDURES 

30. DETECTIVE SALDATE'S SUPPLEMENTAL REPORT OF SANDRA 

PICKINPAUGH INTERVIEW 

31. SALDATE'S SEPARATION NOTICE 

32. SALDATE'S PRETRIAL INTERVIEW 

33. EXCERPTS OF ROGER SCOTT'S HABEAS CORPUS PETITION 

34. AFFIDAVIT OF DR. TATRO 

35. AFFIDAVIT OF ROLAND STEINLE 

36. KIRK FOWLER SWORN STATEMENT TO TERRY CAPOZZI 

37. EXCERPTS FROM INBAU & REID 

38. AFFIDAVIT OF PAUL HUEBEL 

39. AFFIDAVITS OF LAW ENFORCEMENT EXPERTS 

40. AFFIDAVIT OF ANDERS ROSENQUIST 

41. LIST OF SALDATE'S INCONSISTENCIES AND DISCREPANCIES 

42. AFFIDAVIT OF KIRK FOWLER (SADEIK) 

43. AFFIDAVIT OF KIRK FOWLER (PICKINPAUGH) 

44. EXCERPTS OF ERNIE SWEAT'S PRETRIAL INTERVIEW 

45. EXCERPTS OF ERNIE SWEAT'S TRIAL TESTIMONY 

2 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 4 of 185
46. EXCERPTS OF HENRY MILKE INTERVIEW 

47. JAMES STYERS' LETTERS TO JUDITH RADALOVIC AND "OLGA" 

48. AFFIDAVIT OF KEN RAY 

49. MINUTE ENTRY DATED 2/13/90 

SO. DEBRA MILKE LETTER TO DEFENSE COUNSEL 

51. AFFIDAVIT OF PATRICIA (BACON) PRUST 

52. AFFIDAVIT OF KIRK FOWLER (MARKWELL) 

53. MOTION FOR SANCTIONS 

54. AFFIDAVIT OF CHARLES JONES 

55. AFFIDAVIT OF DONALD AND JOSEPHINE JONES 

56. AFFIDAVIT OF ALEX JANKA 

57. AFFIDAVIT OF DEBRA MILKE 

58. DEBRA MILKE'S MEDICAL RECORDS 

59. DEBRA MILKE'S ELEMENTARY SCHOOL RECORDS 

60. DEBRA MILKE'S COLLEGE RECORDS 

61. SUBPOENA DUCES TECUM 

62. EXCERPT OF TESTIMONY RE: DISCOVERY REQUEST 

63. MOTION TO QUASH 

64. MINUTE ENTRIES DATED 9/24/90 & 10/1/90 

65. AFFIDAVIT OF MARIA PULVER 

66. AFFIDAVIT OF ROBERT CHERMAK 

67. MOTION TO SUPPRESS 

68. MINUTE ENTRY DATED 10/12/90 

69. ORDER TO SHOW CAUSE 

3 

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70. AFFIDAVIT OF DR. GARCIA 

71. MOTION TO APPOINT ASSOCIATE COUNSEL 

72. MINUTE ENTRY DATED 11/9/90 

73. MOTIONS TO CONTINUE MITIGATION HEARING 

74. APPLICATION FOR TRANSPORTATION AND LODGING 

75. DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES RE: 

SENTENCING 

76. EXCERPT OF TRANSCRIPT RE: JUROR MOQUINO 

77. JURY LIST 

78. JUROR MOQUINO'S QUESTIONARE 

4 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 7 of 185
MAY-23-2002 14:10 PC ATTORNEY INT PRR 520 620 1502 P.01/01 

May 20, 2002 

To Whom it may concern: 

When 1 was in private practice, I assisted Anders Ronsenquist in the defense of Debra Milke at 

the federal habeas corpus stage. One ofmy responsibilities was to draft a social history of Ms. 

Milke to attach to her Petition for Habeas Corpus before the U.S. District Court. I accomplished 

this responsibility and provided the document to Mr. Rosenquist. 

TOTAL P.01 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 8 of 185
) 

PROLOGUE: 

The following social history of Debra Milke is based on the recollections of Ms. Milke 

and her mother, Renate Janka, in addition to letters written by Sandra Picken~augh to 

Renate Janka. Relevant excerpts from trial testimony were considered, as well. 

Recollections of Debra Milke's father's family, as well as from the Jones family were also 

assessed. Defense counsel and Renate Janka felt that Debra Milke should not be 

consulted regarding this history;)1owever, Debra Milke had completed a partial history of 

her own several years ago, which was used. 

Statements regarding thought processes and emotions refer to citation that inform 

the reader from who's perspective the statement is derived. It is important to note that 

these particular statements are not factual and reflect only the recollection of events and 

emotions felt at the time or perceptions from the individuals. The reciting party's language 

is used whenever possible. Thus, reference to the citation will indicate which person says 

they felt a certain way, or which person perceived that another felt a certain way, and which 

person recalls a certain event and which person recalls a certain event. In addition, I have 

attempted to use the same descriptive words that were used by the original speaker 

whenever possible. The social history begins with a brief history of Debra Milke's maternal 

great grandparents and ends when Christopher Milke was murdered. 

CITATION KEY: Citations are at the end of sentences. Sentences without citation refer 

to the previous citation. 

R.J. int.= Renate Janka's 1998 interview with Terri Capozzi 

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) 

R.J. 98 A-E = Renate Janka's 1998 written history 

S.ltr. = Sandy Pickenpaugh's letters to Renate Janka 

K.1987, K1988 = Debra Milke's written history, date refers to the year she was 

summarizing. A page number preceded by the letter "h"indicates Debbie Milke's 

handwritten account, versus the typewritten account. 

R.J. chron = Renate Janka's chronology of the events 

R.J. to Wake 6/27/95 = Renate Janka's 6/27/95 letter to Holly Wake, mitigation specialist 

R.J. to Kirk 7/12/98 = Renate Janka's 7/12/98 letter to Kirk Fowler 

Richard Sadeik int. with K.F. 1/24/90 = Kirk Fowler's interview with Richard Sadeik 1/24/90. 

R.J. 10/8/92 = Renate Janka's written history on that date. 

R.T. = Trial transcripts. 

R.J. 1999 = Renate Janka's 1999 Synopsis 

Aff. C.Jones = Affidavit of Charles Jones 

Aff. D&J.Jones = Affidavit of Donald and Josephine Jones 

DEBRA MILKE'S SOCIAL HISTORY 

FROM PRE-BIRTH TO CHRISTOPHER MILKE'S DEATH 

(The following is derived from R.J. int. unless otherwise noted.) 

Debra Milke was born on March 10, 1964 to Renate and Richard Sadeik in a military 

hospital in Berlin, Germany. She was the first born of two sisters. Her mother, Renate 

Janka, was born in 1942 in Berlin, Germany, during World War II, to German Nationals, 

Hans Seiler and Leise Lotte. Hans Seiler was born during World War I in a rural area, 

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which would now be Poland, to a large family. He was one of the middle children out of 

ten. Hans' family had very little money. Hans' father worked for the Foreign Legion and 

his mother stayed home. Hans' father died of Malaria in Africa, leaving his wife alone with 

ten children. Hans' mother received a small pension and a small parcel of land which the 

family lived on. 

None of the children accomplished any type of higher education. Instead, they 

learned trades. As soon as Hans' was of an age to leave home, he moved to Berlin where 

he apprenticed for a grocer. This job was similar to a clerk at a grocery store. When World 

War II began Hans was drafted into the German military. It was during this time period that 

he met Leise Lotte at a military function. 

Leise Lotte's parents did not want the two to marry because Hans was in the military 

and they did not expect him to come home after the War. Nonetheless, the couple married 

in 1940. Renate was born in 1942 in Berlin. In 1943, Hans and Leise's home and the 

home of Renate's grandparents were bombed the same night. At that time, most of Berlin 

was in shambles. Hans was then stationed in Norway and Leise, Leise's mother and 

Renate left Berlin by foot. The three ended up at a farm where they were taken in. Renate 

was only one and a half years old. Renate's mother and grandmother were provided with 

room and board in exchange for working in the fields. One of the first independent 

memories which Renate has of her life is living on that farm. She remembers that anytime 

there was word that the Russians were near or there was an air raid, all of the women 

gathered into a hole in ground which was then covered with brush and leaves. 

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In 1945, when the war was over, Renate's mother and grandmother began the 

journey back on foot. The farm was approximately fifty miles from Berlin. On the way back 

to Berlin the women were stopped by a passing Russian tank. Despite the women's fear 

of the Russians, they were offered a ride back into Berlin in the tank. Unable to 

communicate due to language barriers, and unable to refuse in any case, the women did 

go with the Russians. Both Renate's mother and grandmother believed they were 

unharmed because they had a young child with them. They were taken to Berlin without 

incident, and fortunately, they were taken to what is now West Berlin. The same year 

Hans was released from a Norwegian Prison Camp and he arrived back in Berlin. 

After being reunited, the family had no place to go. There was little left of Berlin, 

and they had no possessions, only the clothes on their backs, They were taken in by 

another family and lived in a house which had been bombed; but some of the rooms were 

still intact. Bridgette, Renate's sister, was born in 1946. Hans went to school and worked 

on furthering his education in order to support his family. At night he worked as a security 

guard. 

It was a very difficult time, especially when Berlin was separated into the East and 

West. All access was cut off to Berlin and Renate states that most would have starved to 

death had it not been for Allies air lifting in supplies. It also happened to be one of the 

coldest recorded winters that year. The Seilers were living in absolute poverty. Food was 

scarce and Renate remembers two rabbits that had been given to the them when they 

stayed at the farm. They kept the rabbits on the balcony outside their home where they 

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were kept as pets. On one Christmas day, Renate smelled a meal cooking and her 

grandmother sewing a little coat and muff. The coat was trimmed in fur and the muff was 

also made of fur. Renate ran off to check on the rabbits only to realize that they were not 

there. The family had had to eat the pet rabbits. It was a hard time in her life, as well as 

her family's. 

The effects of the war were far reaching. According to Renate, at a time in Hans 

and Leise's life when they should have been having a grand time raising their children, 

achieving dreams, they were instead living in devastation. Communication as we know it 

today did not exist and they were isolated from the rest of the world. As for the children 

during this period, this life was all they knew. They had no idea that not everybody in the 

world was hungry and cold. 

Renate's mother was fearful of "everything". Renate describes herself as a born 

adventurer, rebelling against her mother's fears. Before Renate entered school in 1948, 

she would come in contact with motion picture movies, such as Mickey Mouse, and ice 

cream, things other children around her had never seen. Renate's grandfather had made 

some American contacts and through those contacts Renate had been able to experience 

those small pleasures. Thus, her attachment to Americans went as far back as Renate 

was able to remember. In 1948, Renate entered an American kindergarten. Later she 

started at "regular" school. 

In 1952, the family moved into a two and a half room apartment. Renate was ten 

years old. This apartment was the same apartment Renate's parents would live in until 

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their deaths. 

Renate entered the German high school system in 1954. There were three levels 

in the German school system. The first level was for people who would not advance past 

the ninth grade; the second level would be for people who could complete the tenth grade; 

and lastly was the level for the people who were being primed for "gymnasium", or the 

university. Renate did well in school and advanced to the college entry level. Her parents 

were adamant about the children pursuing an education. Higher education was free so 

there was no financial burden on the family. 

In the meantime, Hans completed school and became an employee of the court 

system in a position similar to a court clerk. Every two years he was able to advance. The 

pay was not great, but the family had regular income coming and some stability. There 

was also security in the job as no one was fired from their jobs. 

Even though Hans now had a stable job, there was still never enough money. 

Renate states that she and her sister were quite crafty and clever, as a result. The girls 

became interested in clothes and took pride in their appearances. The family was not able 

to afford the clothing that the girls wanted, so Renate learned to sew. She sewed all the 

family clothes. 

The family did have a lot of outside support. Renate's godfather had a business that 

was doing fairly well and he hired Renate during the summer so she was able to earn 

some money of her own. Renate's maternal grandfather helped the family financially. In 

1958, Renate's maternal grandmother bought Hans a used Volkswagen. It was the 

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family's first car. She also gave the family their first television set on Christmas in 1959. 

Often Renate and Bridgette would walk_ for an hour on Sundays to their grandmother's 

house for a "good Sunday meal". In 1961, when Renate graduated from high school, her 

grandmother was in the hospital dying of cancer. Renate went to tell her that she had 

graduated. Her grandmother was so proud, she handed Renate 200 marks and told her 

to buy a sewing machine. Renate's grandmother died a week later. 

Renate describes her family environment as,"very caring family, a strict family". Due 

to her mother's fears, Renate was kept very sheltered and was not allowed to date, or do 

many other activities. Leise Seiler ran the home and she was also the disciplinarian. Hans 

was a very quiet man, easy going and always had time for his children. Hans spent most 

of his time in the basement when he was not at work. Renate attributes this to the fact that 

he was "shuffling paper all day". Renate states "he would practically live down there." 

When the two girls were younger Hans made their toys out of wood. Renate spent 

a lot of time with her father. One time they made a monopoly game together. The board 

was made of cardboard and Hans made little houses out of wood. Screaming or arguing 

bothered Hans so he stayed in the background, but Renate indicates that he was very 

conversant when it came to serious matters or "learning about the world". Hans also read 

a lot and Renate credits her father for that aspect in herself. Hans read to his children for 

hours. When Renate began to tell her father her dreams of getting out and seeing the 

world and learning many languages, her father condoned those adolescent dreams. 

Bridgette was a very frail child, often sick with childhood diseases that never 

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seemed to affect Renate. When Leise was pregnant with Bridgette in 1946, food had been 

scarce. Renate indicates this to be the reason that Bridgette was "always a petite thing". 

The four year gap in the girls' ages, as well as their very different natures, lead to 

completely different interests. The girls did not interact very much during their youth. 

Renate was a self described tom-boy. Unlike Bridgette, Renate excelled in sports, 

winning many trophies. Renate was fond of track and field, specifically in the one hundred 

meter dash in which she had the second best time in Germany and qualified for the 1960 

Olympics. Unfortunately, her family was unable to finance the trip to the Olympics. 

Nonetheless, Renate continued to competitively run throughout her thirteen years of 

school. 

After graduating from high school, Renate took an extremely condensed business 

administration course in which her parents enrolled her. Despite an earlier assertion that 

higher education was free, Renate's parents were unable to afford a three year college. 

Renate indicates she did well in the business course. After finishing her schooling and 

learning four languages, Renate was ready to enter the world. She spoke English, French, 

Spanish, in addition to her native tongue, as well as having had nine years of Latin and 

seven years of Greek. Renate's first real job out of school was at the biggest bank in 

Berlin, in the foreign correspondence _department. This position did not deal with 

accounts, it dealt strictly with the foreign correspondence from all of the banks throughout 

the world. Renate continued to live at home since in "those days, you did not come of age 

until age twenty-one". Until that time, parents were still responsible for their older children 

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l 

and children did not cross their parents. If Renate spoke back to her mother, she was 

slapped across the face, even when she was nineteen years old. Physical discipline was 

common, whether in the home or at school. Renate says her "whole make-up" is discipline 

and respect for elders. 

Renate loved her job at the bank and was doing well. So well in fact that a person 

she worked for in the Spanish department had offered her a job in Madrid, Spain, for a 

year. Renate was excited at the prospect and life seemed to be going well. 

On February 3, 1963, Renate went to a birthday party for her long-time best friend 

where she meet Richard Sadeik. As mentioned earlier, Renate was not allowed to date, 

but she was allowed to go out with a big group of friends. Renate had had a boyfriend 

previously whom she kept secret, but when she felt pressured she had ended the 

relationship. Richard had been married once before and already had a son. After her first 

relationship, as well her mother's warnings not to come home pregnant, Renate would not 

see Richard at first. He was persistent and she eventually succumbed to his requests for 

dates. 

Richard Sadeik was an American enlisted in the military and had been stationed in 

Berlin. Richard was twenty-five years old when he met Renate, who was twenty. By this 

time the Seilers had a telephone, and Hans would get upset when Richard called. Being 

pursued this aggressively flattered Renate, and being American did not hurt Richard in 

Renate's eyes. At that time the Americans ran around Berlin as if they owned it, according 

to Renate, spending money that seemed like a fortune to the Seiler family. For an 

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American to spend a dollar was the equivalent of four marks. Even the lowest ranking 

enlisted men appeared to have wealth. · 

In the beginning, Richard was extremely charming and Renate's parents did allow 

Renate to go to the NCO Club with him. Never had Renate seen so much food. This 

made quite an impression on Renate. She was overwhelmed with everything that the 

Americans were "throwing around". Renate was also interested in meeting men, which had 

been a problem because of her mother's fears of sex. Renate remembered her mother's 

threats about sex .and pregnancy, but also didn't believe in having sex at that time in her 

life. Renate was now coming to an age where other peers where talking about sex, and 

Renate had nothing to add to the conversations. That changed with Richard Sadeik. 

Renate's "rebellious side took over" and she knew it was going to happen. After her first 

sexual encounter with Richard, Renate became pregnant. 

At the time Renate became pregnant, she and Richard had only been seeing each 

other for seven months. Richard had wooed the Seiler family with purchases they could 

not afford, such as a large box of "Tide" and a turkey. During Renate's brief courtship, 

Richard had come across as generous and charming. After finding herself pregnant, her 

initial excitement subsided and she saw that Richard was not the man with whom she had 

envisioned herself. Renate and Richard had very little in common. Richard was 

uninterested in participating in sports or activities, he was not well-read or educated; and 

these were things Renate valued. Renate "liked him well enough", but she did want to 

marry him. She knew deep down that her mother would have liked for her to have an 

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abortion to stave off the shame. However, Renate waited too long to make her decision 

and the pregnancy was not terminated. 

No one realized until a month before Renate was due to have the baby that she was 

pregnant. Renate had gained very little weight. Hans and Leise were not pleased with the 

news of Renate's pregnancy and Leise had gone to Richard's commander and told him of 

the situation. Richard and Renate got married soon thereafter. Debra Sadeik was born 

on March 10, 1964 in a military hospital in Berlin. (R.J. 98 A). 

Renate had dated Richard for the first seven months because Richard had taken 

Renate on outings that his friends had planned, showing not his interests, but those of his 

friends. Now Renate was married to man that she "liked well enough" and was pregnant, 

when she felt she should have been in Spain working at the job she had earned. Renate 

quit her job at the bank because she was ashamed of her "condition", and found a job at 

International Restitution Court which dealt with claims from Jewish families. At this job she 

wrote a personal letter to the United States Attorney General at the time, Robert Kennedy. 

Right before her due date Renate quit her job at the International Restitution Court and did 

not intend to return after her child was born. She did not tell her employer her intention not 

to return so she would still get her maternity pay. Renate later had her doctor write a letter 

that her medical condition would not allow her to return to work. 

After Debbie was born, housing became a problem for the young couple. Richard's 

rank was so low that base housing was not available to them. Renate had to go looking 

for a place for the couple to live. An elderly lady rented Renate and Richard a room in her 

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) 

three room apartment. The young family lived in this apartment for more than a year. With 

the honeymoon period over, the realities of Richard's economic situation set in, despite the 

fact that Renate had never had much more financially. 

Richard consistently drank alcohol. He drank while he and Renate dated, but they 

had only been in a social atmosphere. Richard was born in America, and raised in New 

Jersey, where his sister and mother continued to live. Renate knew nothing of his family 

until later. Richard's parents did not live together, although they never divorced. George 

Sadeik, Richard's father, was not a very congenial person. George Sadeik was a racist 

with little tolerance for others, including his family. He also drank heavily and was 

physically abusive towards Richard's mother. Renate reflected that Richard was much like 

his father in those respects. Richard was not only a social drinker, as Renate was, he 

would sit at home and drink alone. Richard would stop after work on his way home at 

either the NCO Club or "The Wharf' and have "a few" and would then drink a bottle of hard 

liquor when he came home. To ward off hang-overs he would drink a beer in the morning. 

Richard spent much of the couple's meager income on alcohol, despite the fact that the 

couple had rented their room furnished because they had nothing, not even the basics, 

such as sheets or pots and pans. 

Renate's first real altercation with Richard came in January of 1965, a year after 

Debbie was born. Delivery men came to the Sadeik apartment with a huge stereo system. 

Renate thought surely it was a mistake and sent the men back. Richard had not consulted 

her on the purchase and now that they had the baby she could not believe that he would 

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] 

spend money on such an item. The family needed household goods, food and other 

necessities of life. When Richard came home that day he was furious to find that Renate 

had sent the stereo away. They argued over the matter and Renate lost the battle; 

according to Renate, nobody ever won against Richard Sadeik. 

Bridgette became engaged and Richard's mother came to Germany around the 

same time. Renate and she got along well. Richard's mother was glad that her son had 

found such a "good wife". 

In May of 1965, Richard was transferred to the United States. The family arrived 

in New Jersey where Richard's family was located. Richard was then sent to a remote 

area in Montana and Renate and Debbie moved in with Richard's sister. Richard's mother 

was also located in New Jersey but lived alone in a small house. Renate and Debbie later 

moved in with a distant cousin in Minnesota while awaiting Richard to send for them. He 

did so later that year. 

The family lived in a small trailer in rural Montana. By now Debbie was a very 

pleasant toddler. It was here that they lived together as a family unit, despite Richard not 

being home often. As time went on Richard allowed Renate to call her family at Christmas, 

but Renate felt very isolated. Richard continued to drink, on one occasion waking Renate 

in the middle of the night demanding that she get up and cook breakfast for the group of 

men he had brought home after a night out drinking and gambling. There was a scene and 

Richard threatened to pour bleach on Renate, so that she would be a blond. Other times 

Richard would state how Renate was the prettiest woman on the base, obviously quite 

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) 

proud of his possession, only to later refer to her as a "Kraut", a "know-nothing Kraut." 

Renate stayed with Richard, determined to make the most of their marriage. Renate 

decided that she didn't want Debbie to be an only child and decided to have another baby. 

Because the winters were so severe and the family so isolated, Renate planned the 

pregnancy to coincide with warmer weather. 

Sandra was born August 9, 1966. For the occasion, both Richard's mother and 

Renate's mother came to visit. Neither Renate nor Debbie had had much contact with the 

two older women because the family could not afford the long distance tolls. 

Although Richard was not around much, his influence was felt. Debbie rarely 

needed discipline but the few times Renate mentioned a problem with her, Richard beat 

her with a belt. Renate was fiercely opposed to this manner of discipline. Sometimes 

Richard would play the doting father, spoiling the children on birthdays and Christmas. The 

two sides of Richard caused confusion for the two very young children. It was important 

to Renate that the girls be bi-lingual but Richard absolutely forbade it. 

In May of 1967, the family was transferred to a radar site near Atlanta, Georgia. 

Richard moved the family's trailer and their meager possessions to Acworth, Georgia. 

Since there was only one car which Richard used to get to work, Renate was once again 

stranded with two small children. Sandy developed severe health problems and Renate 

often worried about having no transportation in case of an emergency. The surrounding 

area had little to offer. Under the circumstances the family applied for a Humanitarian 

transfer and was assigned to Homestead Air Force Base in southern Florida. Once again 

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the family carted their trailer and all that they owned. They later acquired a larger trailer 

in which the living conditions were much improved. 

During the stay in Florida the family moved a number of times, whenever Richard 

was transferred. Eventually, Richard was assigned to a radar site on a Coast Guard base 

where the family sold the trailer and moved into base housing. The living conditions at the 

Coast Guard base were substandard and filthy. Only through hard work on Renate's part 

was she able to provide a livable environment. 

In 1970, when Debbie was six years old, Richard received orders for an 

unaccompanied tour in Southeast Asia on the island of Okinawa. He had received a 

promotion prior to the this as a Technical Sergeant but the family still had very little money. 

With Richard gone, the rest of the family was not allowed to remain in government housing. 

Renate and the children had no place to go. Even though Renate had worked in the past, 

Richard had ordered that she was not work outside of the home. Richard liked people to 

think he was a "good provider". But, Renate now had two young children to provide for. 

They could not afford an apartment and had no alternative but to move back to Berlin with 

Renate's parents, the children's Oma and Opa. Renate's parents still lived in the same two 

and a half room, post war subsidized apartment, but there was no hesitation on their part 

to welcome them. 

As much as Renate was grateful to her parents and glad that they now had a 

chance to know the girls, the cramped living conditions were tough on everyone. Renate 

and her mother argued and she felt useless around the apartment. While Renate's mother 

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) 

spoke enough English to converse with the children, both girls were fluent in German within 

three months. Renate enrolled the girls in the military kindergarten and school and found 

that she had nothing else to occupy her time during the school hours. Renate's sister 

suggested that she find a job to help keep her busy, but Renate remembered Richard's 

words and was hesitant to disobey him. Renate had already disobeyed him once by 

introducing her native tongue to the girls. She eventually did get a job in Berlin and found 

it to be very fulfilling. Renate saved some of the money she made and the rest she used 

to buy the girls clothes and contribute to her parents' household. 

On one occasion, Renate received a call at work from her mother who told her that 

Sandy had failed to arrive on the bus to school. (R.J. 98 B). After a frantic search, they 

discovered Sandy walking near their house. She had taken another bus that traveled to 

the vicinity of the house and had attempted to walk the rest of the way. She said that she 

was looking for her daddy. (R.J. 98 B). 

During their stay in Germany, Renate wrote to her mother-in-law and mentioned that 

she was working and otherwise kept Mrs. Sadeik abreast of their life. In August, 1971, 

Renate returned with the children to the United States. This time she stayed with her 

mother-in-law, with whom she had a good relationship. 

Richard returned from Okinawa at the end of September, 1971. Renate flew out to 

Travis Air Force Base to meet him. Once off the concourse, rather than running to greet 

his wife whom he hadn't seen in a year, Richard opted to lambast his wife for working, 

"how dare she go against his wishes". Richard and Renate bought their first car during that 

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,) 

) 

time. 

On the way back to New Jersey the couple stopped at Richard's next assignment, 

Phoenix, Arizona. Richard and Renate purchased a modest home in Phoenix and 

continued to New Jersey. At the end of October, 1971, the family moved to Arizona, where 

they were able to move into their new home. This is the first time Renate felt like she had 

a home. 

The strain of a mortgage was too great and after several major fights between 

Renate and Richard, Renate got a job as a secretary at the German Training Squadron at 

Luke Air Force Base. Both girls were now in school full-time and Renate arranged for a 

neighbor to check on the girls from the time they got home from school until the time she 

came home from work. The neighborhood was not exactly as safe as they had anticipated, 

so the family ended up selling the house and moving to a better area. Renate's parents 

helped finance the move. Renate had not wanted to ask her parents for assistance but did 

so because of Richard's constant harassment. 

Renate noticed a change in Sandy's demeanor around this time. (R.J. 98 B). The 

girls were conscious of the dire financial situation and the friction between their parents. 

In addition, Debbie, as the older child, was entrusted with making sure household rules 

were followed. Sandy's animosity towards her sister became apparent at that time. She 

was resentful and lashed out at everyone. Richard hit her with a belt on several occasions 

as punishment. (R.J. 98 B). Renate discovered that Sandy stole money from her wallet. -. 

Sandy's school contacted Renate often about her discipline problems. Renate felt that 

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Sandy had an inferiority complex. The fact that Debbie rarely got into trouble compounded 

the issue.(R.J. 98 B). 

The move did not help Sandy's behavior at all. (R.J. 98 B). She refused to do her 

chores, and Debbie would do them for her often. The stealing continued. But Sandy was 

very bright and did not have to do very much homework in order to keep good grades. 

(R.J. 98 B). She, like Debbie, was very conscious of her appearance. She loved to dance 

and swim and did both very well. (R.J. 98 B). 

According to Renate, Richard had no real ambition and was content with their lot in 

life. When Richard was told that he would have to take a mandatory test to be promoted 

or else he would have to retire, Richard refused to take the test and retired from the military 

in 1975. His retirement at that time was four hundred dollars a month and even though 

Renate was also earning an income, they could still not afford to maintain the house. 

Richard was having difficulty finding another job. Renate was doing quite well at her job 

and was well liked. She had developed some connections who were willing to help Richard 

gain employment, but Richard refused to have anybody from Renate's work assist in any 

way. Richard despised men who held officer ranks in the military. (R.J. 10/8/92). He 

embarrassed Renate when they were invited to socialize with Renate's work superiors, all 

of whom were German officers, because of this dislike. (R.J. 10/8/92). 

Richard's attitude and constant sarcasm became so great that Renate began to 

experience anxiety attacks. Whenever Renate had an attack Richard would belittle her in 

front of the girls. Renate kept all her problems to herself and that took a toll on her. 

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) 

Renate attributes the girls learning to hide their hurt feelings from their father, and later 

from others, to her example. 

One day Richard informed Renate that he had taken a job at Lockheed. 

Furthermore, he had already signed the contract and the job would take him to Saudi 

Arabia. Richard never discussed this beforehand with his family and would soon be 

leaving. The job entailed that Richard stay in Saudi Arabia for two years with one leave 

for home per year. Renate was worried about whether her husband was capable of 

handling the job because of his heavy drinking. 

Shortly after the news of his imminent departure, Richard's son from his first 

marriage, David, came to live with them. David had left his mother's home under less than 

congenial circumstances and had a history of problems. Richard had not had contact with 

David or his mother for five or six years, until David's mother called from Cincinnati, Ohio 

one day. (Richard Sadeik int. with K.F. 1/24/90). His mother stated that David needed 

military training, i.e. self-discipline. (Richard Sadeik int. with K.F. 1/24/90). Renate 

agreed to allow David to come into their home, partly because she felt she had no choice 

and she felt sorry for David, who had never really had a happy home. 

David had a very low IQ and was a bed-wetter. Richard and Renate took David to 

counseling. (Richard Sadeik int. with K.F. 1/24/90). According to Renate, David did not 

do much of anything, either in the house or out of it. Renate states that she talked him into 

attending a vocational school since he did not have an interest in traditional schooling. 

Richard states that he sent David to vocational school and went hunting and fishing with 

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- 1 

him but David was always aloof. (Richard Sadeik int. with K.F. 1/24/90). David was also 

loaned a car to use to get back and forth from school everyday. Richard tried to instill 

responsibility into David. (Richard Sadeik int. with K.F. 1/24/90). David began to help with 

the household chores, but Debbie did the majority of them. (R.J. 98 A). All of the children 

were given an allowance. 

Richard left for Saudi Arabia in January of 1977, Debbie was almost thirteen and 

Sandy eleven. David was sixteen years old at the time. When he left, Richard told David 

that he would have to be the man of the house. (Richard Sadeik int. with K.F. 1/24/90). 

Three months later, Richard received a letter stating that the police had come to the Sadeik 

house because David was hanging out of the second story window by a sheet wrapped 

around his ankles, telling everyone that he was Spider Man. (Richard Sadeik int. with K.F. 

1/24/90). Not much time had passed when David stopped attending school. On one 

occasion, Renate came home from work to find that David had painted his entire room in 

black. Renate mentions that she was unfamiliar with drug use of any type, but that 

sometimes David seemed very strange. One afternoon, after receiving a phone call from 

vocational school informing Renate that David had not been attending, Renate confronted 

David armed with this information. A huge fight ensued and David grabbed a baseball bat 

and was threatening Renate with it. The girls witnessed this scene and took on roles of 

protectors and managed to calm David. David ran out of the house taking the car Renate 

had loaned him. Renate questioned the girls about David. Both children were hesitant to 

offer information, but finally Debbie informed her mother that David was taking drugs, and 

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that maybe Renate should be aware of this. 

After David left the house he was involved in an automobile accident. He had hit 

a woman crossing the street, totaling the car. Renate pied Nolo Contendere for him, and 

was told that David would need to go back to Ohio with his mother. Renate had also 

written lo Richard to tell him of things that were going on. Richard returned home in breach 

of his contract. Things remained tense in the household with Richard there, but he did end 

up returning to Saudi Arabia one more time. Again, he came back home in violation of the 

contract, and this time he forfeited all of the financial advantages, causing trouble with the 

IRS. 

Despite the problems within the family, Debbie was a popular kid and had many 

friends. She was a good student, had good grades, took good care of her appearance and 

was well-liked. (R.J. 98 A). Renate describes Debbie as having been quite naive growing 

up. She was quite shy inside and did not believe that anyone could be mean or try to hurt 

her. When she did get hurt, she rarely showed it; in fact, she tried to hide her pain. (R.J. 

98 A). She never retaliated. The only outbursts she ever had were with her sister. (R.J. 

98 A). 

Sandy was constantly sick with bronchial ailments. (R.J. 98 B). Renate had to 

restrict her activities and Sandy began to rebel. Every step of raising Sandy became a 

challenge. (R.J. 98 B). Sandy was also very lovable and life with Sandy was like an 

emotional roller-coaster. (R.J. 98 B). Sandy's relationship with Debbie was the same. 

(R.J. 98 B). 

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Richard was offered a job that would take the entire family to Greece. The girls 

were now teenagers, in a high school where they felt comfortable for the first time and 

Renate refused to go. Richard made no further attempts to gain employment. The entire 

family was living off of Renate's pay. It was at this time that Renate informed Richard she 

wanted to live separately. Richard did not take this well and stated that although he could 

not make her stay, he was a Sadeik and that Renate would regret her decision. According 

to Renate, Richard stated "I don't know when or how, but some day you will pay dearly for 

leaving me." (R.J. 10/8/92). Richard also insisted on being the one to tell Debbie and 

Sandy. There was no talk of divorce at this point. 

Renate and the two girls moved i,nto a small apartment in Phoenix. In light of the 

fact the Richard had breached the contract in Saudi Arabia the house was to be sold to pay 

off the back taxes. 

Richard and Renate had previously purchased ten acres of land in Florence. After 

the house was sold, Richard moved to Florence and purchased a trailer to put on the land. 

The household furnishings were divided according to the needs of each party. Renate was 

allowed to keep the station wagon. 

After moving to Florence, Richard got a job as a prison guard at the prison in 

Florence. Richard contributed his military pension of approximately four hundred and fifty 

dollars for the support of the children. The parties agreed to keep in contact and visitation 

did not pose a problem. Renate expressed a desire for Debbie and Sandy to see their 

father as often as they liked. 

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It was difficult for Debbie and Sandy to adjust to the break-up of the family unit. On 

the surface, things seemed to be going smoothly. Debbie and Sandy remained in the 

same high school and were therefore able to maintain some type of stability. Renate felt 

that the girls blamed her for the break-up, so there was some tension. The rivalry between 

the two sisters continued. It appeared that Sandy always felt that she couldn't live up to 

Debbie's achievements. Sandy really lacked confidence. 

During the summer after the separation, Renate's sister offered to have Debbie and 

Sandy visit her in Berlin and purchased airline tickets for them. Both of the girls appeared 

to enjoy their visit. After the trip, Renate's sister expressed concern about Debbie and 

Sandy constantly fighting. She described Sandy as a "handful", and stated that Sandy had 

stolen money from her on several occasions. 

Being in high school, the girls felt they needed to have the fashion clothing that the 

other kids were wearing. They no longer felt comfortable shopping at K-Mart. The family 

was on a tight budget and Renate gave Debbie and Sandy as much as her budget allowed, 

but the rest would have to come from their own means, such as babysitting. 

Renate continued to work at Luke Air Force Base. There were no provisions for 

benefits at her job. Renate was unable to advance to a salary level at the base, in addition 

to the fact that the training program where she worked would eventually be discontinued. 

During her employment, Renate's boss, Alex, became a personal friend with whom she 

shared her problems. Alex was also involved in a bad marriage that was nearing divorce. 

Renate was beginning to feel guilty. She was in debt for approximately two 

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. l 

thousand dollars and money was getting exceptionally tight. Debbie and Sandy began to 

play on their mother's guilty feelings. While the family was still living in the house together, 

Sandy had taken tap dancing lessons and enjoyed them very much. Once Richard and 

Renate separated Sandy was no longer able to take dance lessons. Richard would visit 

occasionally, but rarely gave the girls any money, or anything else. He referred to them 

as "spoiled brats". 

On one of Richard's visits, Renate had asked to be paid for her share of the 

property out in Florence, in an attempt to pay off debts. Richard had promised to sell the 

land, but she felt that he never had any intention of doing so. Many months went by and 

the girls and Renate struggled to make ends meet. Eventually, Renate asked Richard 

again to help, Richard agreed to pay her debt of $2,000 if she would sign a Quit Claim 

Deed to the property. Renate agreed, if Richard would promise that their children would 

be the sole beneficiaries of the property in his will. Renate believes that this was "step one 

on his path for getting even with me." She states that this is the first time he had her 

crawling. (R.J. 10/8/92). 

In the spring of 1980, Richard traveled to New Jersey to visit his mother. During that 

visit, Richard met an old schoolmate, Maureen, who had recently become a widow. She 

had three children and had been left with quite a bit of money. According to Renate, 

Richard had many sides and used his charm to court this woman. When Richard came 

back from New Jersey he came to see Renate and asked for a divorce. He wanted to 

marry Maureen. Renate was somewhat surprised at the request and inquired further about 

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Maureen and asked whether he loved her. Richard's reply was that he did not and that 

Maureen was a "cow" but that he would be stupid to let her and her money get away. 

Renate, who had never intended on reconciling with Richard, agreed to the divorce. 

Richard rushed the filing of the divorce because Maureen was a devout Catholic and 

would be moving to Arizona soon and refused to live "in sin." Richard filed pro per. 

Renate, unsure as to the legal issues involved, wanted some provisions put in the divorce 

decree for the children. Richard told her there was no room in the document for any such 

provisions. Renate stated her concerns for the girls education and other provisions, but 

Richard told her to take his word that the children will always be provided for. Eight days 

after the divorce was final, Richard and Maureen were married. Richard, Maureen and her 

three children, Karen, Phillip and Peter were all living at the Florence property. 

With Maureen's money, they built a house on the property. According to Renate, 

Maureen would soon discover that her life would be as troublesome as Renate's had been. 

Maureen's oldest son left soon after the move, as he could not get along with Richard. 

Karen stayed due to, what Maureen insisted were, health problems. Richard saw Karen 

as a "loser". Peter was a very well-behaved and loving boy. According to Renate, Richard 

took to Peter like the son he never had. Peter eventually matured and began to distance 

himself from Richard. 

Debbie and Sandy began to feel neglected by their father and were very hurt. 

Contact remained loose after the marriage of Richard and Maureen. Maureen did not 

project any negativity towards Debbie and Sandy. 

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1 

Debbie turned sixteen the same year Richard got married; it was 1980. When she 

got her driver's license, Renate gave her the car because Debbie had part-time job and 

needed the transportation. Renate took a loan out to buy an automobile for herself, as 

well. Richard would not come to Phoenix to see his daughters so they had drive to 

Florence in order to see him. Debbie and Sandy told their mother that they were treated 

civilly at the Sadeik home. 

Renate noticed changes in the girls shortly thereafter. In what Renate describes as 

Richard's second step in his revenge campaign against her, Richard began to twist the 

story of the family break up and told the girls outrageous lies. Debbie and Sandy were 

confused. 

In the summer of 1980, Debbie met Charles Jones through her friend, Dorothy 

Markham. Debbie babysat for Dorothy's son, Bobby. Debbie asked Renate's permission 

before she began dating Charles. (R.J. 1999). Renate liked Charles and was happy that 

Debbie had found such a nice boyfriend. They spent time together and Renate recalls this 

as "happy times". Renate, as well as Charles' parents, hoped and expected the two to 

marry. (Aff. D.&J.Jones) (R.J. 1999). 

Debbie was sixteen years old at the time the relationship commenced. Charles was 

nineteen years old and in the Air Force, stationed at Luke Air Force Base outside of 

Phoenix. (Aff. of D.&J.Jones) (Aff. C.Jones). Debbie and Charles dated for about two 

years. During that tome, Charles' parents, Josephine and Donald Jones, developed a 

close relationship with her. They found he courteous, polite, helpful and friendly. They 

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() 

noted that she did not smoke, drink alcohol or use profanity. Charles escorted Debbie to 

her junior prom. Charles' parents noted that the relationship was serious and exclusive. 

(Aff of D.&J.Jones). 

Charles practically lived at the Sadeik apartment. (Aff. C.Jones). He went 

everywhere with the family, even accompanying them on vacations. He knew and got 

along well with Renate and Sandy. He felt that Renate felt safer having him stay at the 

apartment. While he stayed at the apartment often, he never slept in the same room with 

Debbie. (Aff. C.Jones). 

The Joneses had Debbie over for dinner on several occasions. (Aff of D.&J.Jones). 

They also hosted Christmas dinner one year and invited Renate and Sandy to attend along 

with Debbie. Sandy chose not to attend because she had different friends. Renate 

attended and felt her relationship with the Joneses was very congenial. (R.J. int.). The 

Joneses felt that Debbie looked to thein as parent-figures. (Aff.D.&J.Jones). Debbie 

continued to visit with them even after her relationship with Charles ended. 

On one occasion, the Joneses were visiting Debbie and her family at their apartment 

.(Aff.D.&J.Jones). They noted that Debbie and Sandy acted very differently from one 

another. Sandy would hit her sister, or poke her or say something to her at every 

opportunity. Renate seemed to not care about the situation. The Joneses felt that Sandy 

was jealous of her sister. 

Debbie continued to be the easy going person she had always been. Debbie had 

always made good grades and continued to do so. She worked part time, created no 

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problems at home, and seemed to be falling in love with Charles. Sandy's behavior was 

the also the same as always. Sandy had always been volatile. She had recently begun 

to associate with what Renate terms "the underdog" type of kids, often younger in age then 

Sandy. She would give away her belongings, sometimes things of value, such as gifts she 

received from her grandparents. Sandy angered easily and Renate tired of disciplining her. 

Renate continued to have nagging doubts about Sandy's mental health but did not do 

anything about it. 

Renate still worried about her employment situation and felt she had no choice but 

to find a new job that had a benefits package. In September, Renate left the German 

Training Squadron and started work at a large computer company in Tempe, in a 

department which had a need for a German speaking secretary. Renate's salary 

increased. Meanwhile, Renate and the girls moved to another apartment in Phoenix. 

Renate kept in contact with her old boss from the German Squadron, Alex, and a 

romantic relationship began. In 1982, Alex retired from the German Air Force and moved 

to Phoenix. After Renate discussed her relationship with Debbie and Sandy, Alex came 

to live with them. At first it was strained in the apartment. The girls knew and liked Alex, 

as well as admired him, but Richard's negative behavior made it difficult for the girls to 

accept Alex. 

In March, 1982, Debbie turned ei_ghteen. She was still attending high school and 

would graduate in May. In April that year, Richard cut his support checks in half because 

Debbie was eighteen and he was no longer legally obligated support her. Renate never 

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j 

saw another dime of support after that. (R.J. 10/8/92). Debbie got a better paying part 

time job to help out. She graduated in the upper portion of her class and had good enough 

grades to qualify for a scholarship to Glendale Community College. Richard refused to 

help pay for her education. (R.J. 98 D). Renate feels that failing to pay for Debbie's 

schooling was part of his revenge plan against her. (R.J. 10/8/92). 

Charles and Debbie broke their relationship off in 1982. (Aff.D.&J.Jones). Charles 

felt that they simply grew apart because of the difference in their ages. (Aff. C. Jones). 

Charles did not share the news of the break up with his parents. (Aff.D.&J.Jones). They 

found out from Renate, who called to suggest that Debbie and Charles get together again. 

The Joneses chose not to interfere in their son's life. (Aff.D.&J.Jones). Renate did not 

know why the two broke up. (R.J. 1999). Debbie told her mother years later that she had 

been afraid of the seriousness of the relationship at such a young age. She continued to 

love Charles for several years but needed space and to find herself. (R.J. 1999). 

Sandy had made some new friends and was babysitting for a young mother. 

Renate knew the woman and did not care for her lifestyle, but Sandy really liked the little 

girl for whom she babysat. Renate began to notice that Sandy would give this woman 

things from their household, as well as money. Renate opened savings accounts for 

Debbie and Sandy, in their names, at the Federal Credit Union, in which she put a small 

amount of money for their futures. 

In May or June of 1982, Renate's job sent her to Germany for six weeks. She felt 

that Alex was in a very awkward situation having to watch over the girls while their mother 

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,) 

) 

was gone. Renate was in daily contact with her family and Alex. She learned that Sandy 

was causing problems, such as refusing to listen to Alex, staying out late at night without 

telling where she was. One night Debbie finally found Sandy in an apartment with some 

men. Sandy also became hostile towards Alex and Debbie. Her behavior appeared to be 

a deliberate attempt to cause problems. 

When Renate returned from Germany she had a discussion with the girls and 

thought they had come to an understanding. A few days later Renate went to the credit 

union to make a deposit into the girls' accounts, when she discovered that Sandy's account 

had a zero balance. Sandy had somehow managed to withdraw eight hundred dollars. 

When questioned, Sandy said that she had taken the money to get groceries for the 

woman for whom she babysat. In order to withdraw the money, she would have had to 

forge her mother's signature. Sandy was angry that she had been caught and showed no 

remorse for taking the money. 

No longer able to cope with the constant anxiety of what Sandy might do next, 

Renate called Richard and told him what had happened. Arrangements were made for 

Sandy to go live with her father and to go into counseling. Richard said that he would take 

care of it. A couple of weeks later, Renate was served with documents from Pinal County 

giving Richard custody. That had not been Renate's intent in sending Sandy to live with 

her father. Nonetheless, she signed the papers. (7/12/98 ltr. to K from R). A week later, 

Renate came home and found that Sandy's furniture and other belongings were gone. 

Debbie informed Renate that a truck had come by to collect it. Renate states that this was 

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another step in Richard's revenge campaign against her. 

In September, 1982, Renate received a letter from Sandy telling her about her new 

school and her feelings about the situation. Sandy was attending counseling and informed 

Renate that she had found a way to get all the anger and hurt out. Sandy said she was 

truly sorry for all the problems they had had in the past. She indicated that she was looking 

foiward to the future, but she still had not found any self confidence, comparing herself to 

Debbie and feeling as if she kept failing in comparison. After that, Sandy and her mother 

had telephone contact and wrote one another letters. It was still difficult to communicate 

with Sandy, she was still a very angry young woman. Renate feels that Sandy did and still 

does have severe mental problems. (7/12/98 ltr. to K from R). 

In 1983, Alex fought hard to develop a flying business, but his green card expired 

and he returned to Germany. (R.J. 98 D). Renate changed jobs to work at a smaller 

computer company in Scottsdale. After two months she had to take a cut in pay, one 

month after that the man who had hired Renate was let go and Renate followed shortly 

thereafter. Panic set in for Renate. Unable to get another job, Renate went back to her 

former company only to find there was nothing available. She later ran into an old 

employer who offered her a job in Germany. After discussing it with Debbie, Renate 

decided to move to Germany and to leave her children behind. Debbie was barely 

nineteen years old, and Sandy was only sixteen. Before leaving she informed Richard of 

her plans and begged him to look after Debbie. Renate thought she could trust him this 

time. 

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,) 

) 

end Renate interview - uncited sentences below refer to previous cite 

On March 23, 1983, Renate left for Germany. (R.J. 98 E). Renate left Debbie's car 

in good repair. She left two thousand dollars in cash and her Chevron credit card and 

planned on sending one thousand dollars per month for Debbie. Two of Debbie's friends 

agreed to move into the apartment with Debbie. According to Richard, Renate's move was 

the impetus for the disintegration of her's and Debbie's relationship. (Richard Sadeik int. 

with K.F. 1/24/90). Richard felt that Renate thought that she could substitute material 

things for love. (Richard Sadeik int. with K.F. 1/24/90). 

The Joneses felt that Renate did a terrible thing, leaving the girls to "fend for 

themselves." (Aff. D.&J.Jones). Debbie visited the Joneses around the time Renate left 

for Germany. She had recently had knee surgery and told the Joneses that she was upset 

over her mother's decision to leave. They considered inviting Debbie to live with them but 

felt that they could not extend the invitation because Charles was living with them at the 

time. (Aff. Jones). 

Charles Jones felt that Debbie was very hurt when her mother moved to Germany. 

(Aff. C.Jones). Debbie felt that she needed to look after Sandy even more; yet Sandy did 

not want to have anything to do with Debbie. The girls' relationship grew even worse after 

their mother left them. (Aff. C.Jones). 

On April 1, 1983, Renate started her new job in Germany. (R.J. 98 E). She had 

rented a small studio apartment and her neighbor helped her process the necessary work 

documents. Alex was looking for a career path in the same vicinity. She called Debbie at 

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;) 

. ) 

least once a week. 

Sandy's first letter came in April. (R.J. 98 E). Sandy described problems between 

Richard and Maureen. She stated that Richard would not let her get a part-time job and 

would not give her any spending money for her high school year book or stamps for letters. 

Renate began to send Sandy money. According to Sandy, she was not allowed to visit her 

sister or to visit Renate. Richard treated Sandy as an "incorrigible" and her misery was 

expressed in her letters. Whereas she once wanted to go to college, her goal became to 

just get out of Richard's house. (R.J. 98 E). 

Between 1982 and 1984, Sandy continued in counseling. (R.J. 98 E). Her 

relationship with her mother was good despite the distance. However, Richard and 

Maureen ended Sandy's counseling abruptly. (7/12/98 ltr. to K from R). Sandy was kepi 

on a tight leash and was not allowed to make steps to show she was healing. (R.J. 98 

E). Richard refused to adhere to Renate's suggestions regarding Sandy and called Sandy 

a liar. Renate felt very guilty. Richard and Maureen actively discredited Renate to Debbie 

and Sandy, insinuating that she left because she did not love her children and that she left 

her mess for them to clean up. Renate felt that all she could do was call, write and send 

money. (R.J. 98 E). She did not consider moving back to the United States. 

On September 15, 1982, Sandy sent her mother a short letter, enclosing a consent 

for Sandy to get her driver's permit. (S.ltr). She indicated only that her grades were all A's 

and B's and that she was adjusting to living al her father's home. Sandy reported that she 

had not spoken with Debbie. There was a brief apology for her actions while she was living 

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' } 

with her mother. 

The next letter from Sandy to Renate was written on February 5, 1983. Sandy was 

responding to a letter that her mother sent to her. She asked about Debbie and informed 

her mother that her paternal grandmother was coming to visit the next day and how 

anxious she was to see her. Sandy indicated that she would not be attending her junior 

year prom due to a lack of funds then quickly added that the next year would be a better 

time to go. Apparently, Renate had won a trip to California and said that Sandy could go. 

Sandy again apologized to her mother for her flying "off the handle" the last time they 

spoke over the phone and Sandy was not sure whether she should go to California 

because of the way she had acted towards her mother. (S.ltr). 

In an April 12, 1983 letter, Sandy indicated that she had spoken with Debbie, who 

told Sandy that their mother needed to sign a statement from her school indicating that she 

was a full time student. Sandy enclosed the statement with the letter. (S.ltr). Sandy told 

her mother that she had wanted to see Debbie over spring break but that her father said 

no "because they were probably scattered brained with roommates moving in and things". 

In this letter, Sandy also stated that her father was considering leaving Maureen and that 

he would stay until Sandy graduated from high school. Sandy stated that things were not 

going well at home, and Maureen's son, Peter was "really scared". Sandy also told her 

mother that she was considering going to beauty school instead of college but had not 

made a definite decision. 

The next letter was written on May 14, 1983. (S.ltr). Sandy apologized for the delay 

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} 

and stated that term papers were taking up a lot of her time. Renate had sent money for 

postage as well as a little left over for other things. Sandy told her mother that with the 

other ten dollars she would like to buy a yearbook because her father told her that she 

didn't deserve one. "There are so many other things I need to before I can buy one. It's 

no biggie though I mean I can always get one next year". Things were still not going well 

for Sandy at home. Sandy told her mother that her father had called her evil and said that 

she was now his responsibility because Renate ran out on her. This letter is rather long 

and mostly depicted Sandy's father in an unfavorable light. Sandy was still attending 

school and did not work because her father had informed her that she would steal from her 

employer. However, Sandy was speaking with her teachers and counselors in her school 

to "get out" her anger. Sandy indicated feeling lonely. She mentioned speaking with 

Debbie, who had passed all of the classes she had taken that semester and was doing 

well. (S.ltr). 

In May and June of 1983, Debbie visited her mother in Germany. (R.J. 98 E). She 

slept most of the days and was up at night. Renate felt that there was something wrong, 

and Debbie's sleep patterns were not just a result of jet lag. She did not ask what the 

problem was. Debbie visited her maternal grandparents and accompanied them on their 

vacation to Northern Italy. She also traveled to Paris with her mother and Alex. She 

enjoyed the trip. Just before leaving for Phoenix, Debbie admitted that she had been 

preoccupied - she had fallen in love with Mark Milke. 

Renate was concerned that Debbie was not originally forthcoming about her 

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) 

relationship with Mark. (R.J. 98 E). When shown a photograph, Renate assumed that the 

reason why Debbie had been hesitant to tell her about Mark was because he appeared 

"shaggy," and of the type that Renate did not favor. Renate cautioned her daughter to 

keep up with college and her job, and to not rush the relationship. Debbie told her not to 

worry, but did not invite her to visit. (R.J. 98 E). Renate continued to have doubts about 

Sandy. She felt that she had failed Sandy. However, she did not consider moving back 

to Arizona to help Sandy. (R.J. 98 E). 

On July 15, 1983, Sandy wrote to her mother telling her that her father and Maureen 

had been fighting, due to her father's constant drinking. (S.ltr). Maureen and her father 

were sleeping apart. Maureen was going away for two weeks to seek counseling. Richard 

refused to go because he felt that he did not need it. Sandy stated that should they get 

divorced and that she could not handle living with her father. Sandy was not allowed to 

visit Debbie because Sandy's father could not trust Sandy to go up there, and there would 

be no proper supervision. Sandy also stated that Debbie was coming to Florence to see 

Sandy over the weekend. Richard told Sandy that Renate had called him and told him 

everything that Sandy had been saying about him. When Sandy told Debbie about 

Renate's alleged conversations with Richard, Debbie told her Renate had never called to 

speak with their father. Sandy told her mother that all of the information her father had 

gotten was actually from letters she had written to her friend, Dee, which meant that her 

father was intercepting and reading Sandy's mail. Sandy also told Renate that her father 

was bad mouthing Renate. Finally, Sandy asked Renate to send her money since she was 

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required to buy her own clothes and other items. (S.ltr). 

On August 22, 1983, Sandy wrote again about school and about the conflicts with 

her father over her school schedule. Sandy was a senior in high school. (S.ltr). 

Also in August, 1983, Renate was sent to Phoenix on business. (R.J. 98 E). 

Renate met Mark Milke for the first time. He was all that she had feared for her daughter. 

He had already moved into the apartment and the other girls had moved out. Shortly after 

Mark had moved into the apartment, he was arrested for possession of cocaine. (R.T. 10-

1-90, p.15). Debbie had left him for awhile but Mark promised that he would change, so 

they reconciled. (R.T. 10-1-90, p.31). Renate felt that Mark was a bad influence; but she 

was not aware of his alcohol and drug problems yet. (R.J. 98 E). 

Renate also sensed a change in Debbie's behavior toward her mother. Debbie had 

quit college and the two were in disagreement over that issue. She was working full time 

but had not told her mother and continued to accept support checks. Renate sought 

Richard's help about Mark, to no avail. Renate failed to discuss her concerns with Debbie 

under the pretext that she did not want to alienate Debbie - Debbie was an adult and these 

were her choices. (R.J. 98 E). 

Prior to Renate's departure back to Germany, Alex received a job offer for a major 

aerospace company which would bring him to northwestern Germany. (R.J. 98 E). Renate 

stayed at her job, and away from Alex, out of loyalty to her employer. (R.J. 98 E). 

On October 2, 1983, Sandy wrote to Renate to tell her that money was stolen out 

of her school locker. (S.ltr). Sandy stated that she wanted to go to Germany after her 

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) 

graduation, but she was still deciding what to do. At this time, Maureen and Sandy's father 

were doing alright. Sandy was looking forward to leaving home and moving to Phoenix. 

She planned to move in with Debbie and attend beauty school. In the alternative, she 

could live with Cecil, her mother's friend, and go to school. Either way, Sandy indicated, 

that she will have to work to get through school. Sandy's father did not seem thrilled at the 

decision to go to beauty school. Sandy had a boyfriend at school named Roy Cordova. 

There was a postscript asking for more money. (S.ltr). 

In November, 1983, Renate went to Las Vegas on business. (R.J. 98 E). She also 

went to Tempe, which enabled her to see Debbie. Renate felt that her relationship with 

Debbie had suffered because of Mark. She tried to hold her tongue, even on occasions 

when Mark deserved strong words. (R.J. 98 E). 

During the winter of 1983 and early 1984, Debbie did not correspond with her 

mother very much, but Sandy wrote frequently. (R.J. 98 E). On January 23, 1984, Sandy 

wrote about another fight between her and Maureen, specifically about Sandy's "fake 

illnesses", to get her father's attention. (S.ltr). Sandy stated that she had called Debbie 

and told her the story and Debbie made her feel better. Sandy had another boyfriend at 

this time, Mickey, who was in the service and had asked her to marry him . Mickey was 

in North Dakota for two years at that time. School was going "alright". Sandy told Renate 

that Debbie had started night school and was excited about going. 

On January 24, 1984, Sandy wrote to her mother about arrangements to go to 

Germany after graduation. She wrote a little about where she would live in Phoenix after 

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) 

graduation. She stated her options were living with Cecil, who would drive her crazy, living 

with Debbie, or living with other friends who live in Phoenix; all of these options would 

require her to have a vehicle so she could study while going to beauty school and working 

part-time. Her last option was to move in with Mickey in North Dakota. She asked her 

mother for advice in making a decision. She would be graduating in four months. 

On February 7, 1984, Sandy wrote to her mother about the flight information to go 

to Germany and asked that she respond as soon as possible. She had found a beauty 

school on Peoria Avenue in Phoenix and discussed living with Debbie, which she indicated 

Renate may not think is such a good idea. Sandy stated that at first she did not think living 

with Debbie was such a good idea, but after talking to Debbie, and given the proximity to 

the school Sandy had selected, she thought this would be the best decision. Sandy also 

stated that she had spoken to Mark and Diane, with whom Debbie now lived, and believed 

that there would be little trouble with her living there, as well. At the time of this letter, 

Grandma Saidek was visiting for a month and Sandy stated that she had spoken very little 

to her grandmother and she was unsure whether this stemmed from her grandmother 

being tired or because her father had spoken unfavorably about her. 

In a February 9, 1984 letter, Sandy discussed her relationship with Mickey, which 

was now over, and continued discussing her plans to live with Debbie. This letter is a 

response to a letter Renate had written. She thanked her mother for the stamp money. 

Sandy also mentioned at the end of this letter that Debbie and Mark were drifting apart. 

In April, 1984, Renate quit her-job and began working for a larger computer 

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- ' ;} 

company. (R.J. 98 E). She had entertained hopes of her prior employment bringing her 

back to the United States but those hopes went unrealized. Renate chose to give her 

personal life some priority, despite the problems with her children, so she had chosen a 

job near Alex. Alex was still married to another woman up until this point. (R.J. 98 E) 

In May of 1984, Sandy graduated from high school and Renate came to visit. (R.J. 

98 E). Renate stayed with Debbie and Mark, who had rented another apartment which 

they shared with Debbie's friend, Diane. Renate had been informed earlier that Debbie 

and Mark planned to get married. Renate brought a bolt of lace, which she had kept in 

anticipation of one of the girls' wedding dresses. She also met Mark's parents. 

While staying with the couple, Renate noticed several disturbing things about the 

relationship. (R.J. 98 E). Debbie no longer had the car that Renate had given to her. 

Instead, the couple shared a beaten up, old Chevrolet Camara. Sandy later told Renate 

that Mark had demolished the first vehicle with a baseball bat. Mark also kept a tarantula 

and a boa constrictor as pets, which disturbed Renate. She continued, however, to keep 

her feelings to herself. (R.J. 98 E). 

While Debbie was a work one day, Mark invited Renate to lunch. He was visibly 

intoxicated. Renate got sick and told Mark to leave. Renate told Debbie about the 

incident. Debbie looked sad and repeated that Mark was not using drugs. They both knew 

she was lying. (R.J. 98 E). Sandy admitted to Renate that she knew about Mark's drug 

habits, as did everyone else. Sandy also told Renate where Mark kept his paraphernalia. 

Renate found it but did nothing about her discovery. (R.J. 98 E). According to Karen, 

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•. ) ' 

1 

Maureen's daughter, Debbie also admitted to using illegal mushrooms and cocaine. 

(Richard Sadeik int. with K.F. 1/24/90). However, Karen never witnessed any of Debbie's 

purported drug use. (Richard Sadeik int. with K.F. 1/24/90). 

The day of Sandy's graduation, Renate spoke to Mark's parents, Henry and Ilse 

Milke, who were no longer together. (R.J. 98 E). She told them about Mark's drug habits. 

Ilse did not want to hear about the problems and was set on Mark and Debbie marrying. 

Renate assumed that Ilse felt that Debbie could help Mark end his drug use. Henry 

admitted that Mark had been using drugs for ten years, since the age of fifteen. He told 

Renate about the problems Mark had caused within the family. Renate begged Henry to 

help her keep Debbie from marrying Mark, but according to Renate, Henry was a resigned 

man. Henry told Renate that because of Mark's drug problems, he had lost his business, 

his wife and his son. He had no more left to give. He told Renate to just take Debbie as 

far away from Mark as she could. Those words continue to haunt Renate. (R.J. 98 E). 

Renate invited Debbie to Germany for a six month stay, the maximum allowed. 

(R.J. 98 E). Debbie did not go. Renate explains her failure to take Debbie back with her 

to Germany by stating that Debbie was in denial about Mark's drug use, she loved Mark, 

and she was an adult. In addition, Debbie liked her job and did not want to give up her 

current life. Instead of going to Germany, Debbie withdrew into a shell and refused to talk 

about the issues with Mark. On the way to Florence to Sandy's graduation, Renate again 

tried to talk to Debbie about Mark's problems. According to Renate, Debbie's expression 

was pained but she would not discuss it. Renate assumed that Debbie did not want to 

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() 

) 

share this painful topic with her mother llince Renate was just going to leave again. (R.J. 

98 E). 

In Florence, Renate learned that Sandy intended to go to Central Arizona College, 

contradicting her earlier plans to attend beauty school. (R.J. 98 E). She wanted a car so 

she could drive to and from school. Renate suggested that Richard buy Sandy a car since 

she had given Debbie one. Richard told Sandy that Renate did not want to give her a car 

because she did not love Sandy as much as Debbie. Renate gave two thousand dollars 

to Richard for college expenses for Sandy and promised to render further support. (R.J. 

98 E). 

Renate discussed Mark with Richard and Maureen. (R.J. 98 E). They admitted that 

they knew that he was on drugs but also ·stated that Mark helped them fix up their house. 

Richard had found a new friend in Mark with whom he could drink, and the two often went 

target shooting. Richard told Renate, however, that he intended to have Mark arrested and 

that she shouldn't worry. He said that he would keep Debbie away from Mark. Renate did 

not believe him and Richard was never involved in any of Mark's subsequent arrests. 

Richard was still drinking heavily, about a fifth of hard alcohol per night. (R.J. 98 E). 

Renate feels that this was the third time that Richard had Renate crawling to him. (R.J. 

10/8/92). 

After Renate returned to Germany, Sandy flew to Germany to meet her. (R.J. 98 

E). While visiting her mother, Sandy expressed doubts that Richard would provide her a 

car, which meant that she would be unable to go to school. She also felt hat she was no 

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) 

longer welcome in the Sadeik home. Renate did not offer any alternatives. Sandy stayed 

with her mother and Alex in their new townhouse, and traveled with them around Europe. 

The visit seemed to go well. When Sandy returned to Arizona, she discovered that 

Maureen's daughter, Karen, and her baby had moved into the Sadeik home. (R.J. 98 E). 

In a July 8, 1984 letter, Sandy stated that the pictures she took while in Europe 

came out well. She began the letter by referring to having had spoken to her mother over 

the phone and had had to give her bad news about Debbie. She does not state what the 

bad news was. She stated that Debbie would get it together and grow tired of Mark and 

the life she was leading, and she told her mother not to worry about Debbie. 

In August, 1984, Debbie called Renate and told her about an incident where the 

police had arrived at Debbie and Mark's apartment and arrested everyone present, 

charging them with possession of marijuana. (R.J. 98 E). Sandy had told her mother 

previously that Mark had been arrested and spent time in jail. The charges against Debbie 

were dismissed as it was determined that Debbie had merely been present. Debbie had 

been petrified. She spoke of ending her relationship with Mark. Renate offered to help pay 

bills should the relationship end. 

Debbie went to Colorado to spend time with her friend, Dorothy Markham. Debbie 

and Dorothy later had an argument in which Dorothy suggested ways in which Debbie 

could lead her life. Debbie felt that she was being "mothered" and did not like ii. Dorothy 

told her she might as well go back to Mark. Debbie did. (R.J. 98 E). 

After Debbie returned to Mark, Renate received notice from a collection agency that 

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1 

her Chevron card bills were overdue. The charge slips indicated that Mark had signed for 

most of the gasoline purchases, sometimes indicating more than one charge on a given 

day. It appeared to Renate that Mark had been using her card to get cash. She instructed 

Chevron to close her account and told them that the charges were unauthorized. She also 

told Debbie that she refused to pay the charges. Renate assumes that Mark's father 

eventually paid them. (R.J. 98 E). 

Renate blames Debbie's continued involvement with Mark on Richard's and Dorothy 

Markham's lack of support. (R.J. 98 E). She felt that Debbie sought solace in Ilse Milke, 

because she did not have anyone else, which caused her to stay with Mark. Renate 

informed Debbie that she was angry about the relationship and that she could no longer 

help her. Renate's and Debbie's relationship suffered greatly and she did not hear much 

from Debbie anymore. She did keep up with Debbie through Sandy and received various 

conflicting reports about Debbie's life. Renate felt that both Debbie and Sandy lied to her. 

(R.J. 98 E). 

On September 30, 1984, Sandy wrote to Renate that things were very tense in the 

Sadiek home. Sandy had a car now and discussed how the car was leaking water and the 

amount of money she needed to fix it, which, she stressed, she could not afford. She 

mentioned money for a second time when she stated that she borrowed twenty dollars 

from her stepbrother, Pete, and how he was hounding her to be repaid. She mentioned 

that Dee Strickland came down for a visit. Sandy stated that there was no word from 

Debbie and then she apologized to her mother for a fight that must have occurred during 

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) 

1 

their last telephone conversation. Debbie had been to Florence and had apparently left 

on bad terms with her father. Sandy mentioned that Debbie was angry when she left 

because their father would not give her two hundred dollars. Lastly, Sandy mentioned that 

she had written to Mark but had been unable to send the letter due to a lack of money for 

postage. 

On November 3, 1984, Sandy wrote to her mother about how bad things were for 

her at home. Karen living with the Sadeiks was hard for Sandy, who had expressed 

feelings of inadequacy and that having Maureen's daughter there had made her feel like 

an outcast. Sandy wrote about the car getting fixed and of "plans" about which she did not 

elaborate. Debbie was talking about marrying Mark and Sandy thought this was a bad 

idea, but she and Debbie were not on speaking terms so she did not express this opinion. 

Sandy described Debbie as bitter. Sandy mentioned Jeffrey as a possible love interest for 

herself. (S.ltr). 

Sandy was no longer attending school and Renate was surprised about that. (R.J. 

98 E). She told Sandy about the two thousand dollars she had given to Richard and 

Maureen for Sandy's schooling. Sandy replied that she had never been told about the 

money. She was desperate to leave her father's home. Renate arranged for an old friend 

in Phoenix, Cecil, to take Sandy in. Sandy did not want to go at first, describing Cecil as 

"an old lady." Cecil took Sandy in and helped her find a job. She shared her home rentfree, as well as her food. Renate provided additional financial support. Sandy had a 

boyfriend, Jeff Martin, but Cecil would not condone their relationship in her home. Sandy 

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_, 

; ) 

often traveled back and forth to Florence to see this boy often. He, however, had other 

female companions. Jeff Martin was the son of Richard's friend and neighbor. (R.J. 98 

E). 

Debbie and Mark got married in December, 1984. (R.J. 98 E). Renate learned 

about the marriage from Sandy. Renate felt resigned to the fact that Mark was staying in 

Debbie's life and she resurrected her relationship with Debbie. Debbie asked her to accept 

Mark, and she did for Debbie's sake. Debbie and Renate phoned and corresponded 

frequently thereafter. (R.J. 98 E). 

In February, 1985, Alex and Renate married. (R.J. 98 E). This marriage was the 

best thing that ever happened to Renate, and that without his love and support she would 

not have been able to endure the problems with her children. (R.J. 98 E). Also in 1985, 

David Sadeik contacted his father and asked for ten thousand dollars to open up a gas 

station. (Richard Sadeik int. with K.F. 1/24/90). Richard told David that he did not have 

the money. David replied "I am no longer your son." Richard had not seen David since 

1977 and never saw him again. (Richard Sadeik int. with K.F. 1/24/90). 

Sandy had found a small apartment on her own. (R.J. 98 E). Cecil helped out with 

furniture and Renate and her parents helped out by shipping household items. Richard did 

not help at all. According to Renate, he still instigated disagreements between the girls 

and Renate and still bossed them around. (R.J. 98 E). 

In March, 1985, Debbie announced that she was pregnant. (R.J. 98 E). During the 

pregnancy, Mark was involved in a car accident in which he totaled their car and was 

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arrested for DWI. (R.T. 10-1-90, p.33-34). She and Mark had moved into a rental house 

and both were working steadily; however they still asked Renate to help pay their bills. 

Renate was happy for them when it appeared that thinks might work out. She continued 

tp pay their bills out of fear that Mark would "freak out" and leave Debbie to struggle for 

herself. She felt that she should have been firm in making them support themselves. 

Renate felt great anxiety. (R.J. 98 E). 

In April, 1985, Sandy announced that she was pregnant. (R.J. 98 E). The family 

felt the pregnancy was scandalous and treated Sandy badly as a result. Debbie felt that 

despite the illegitimate pregnancy, Sandy was treated unfairly by her family. K1987, 1 

Sandy acknowledged to Renate that she knew she disappointed her mother again but she 

wanted to keep the baby because it was 'her's and her's alone'. The baby's father was Jeff 

Martin, but the two would not marry because Jeff still had other female companions. 

Renate noticed that the "old Sandy" was _back, screaming at Renate for asking questions. 

Renate was concerned that Sandy could not even support herself and did not have 

marriage to look forward to for extra support. She was also concerned about Sandy's 

young age, eighteen. As a result, Renate flew to Phoenix to talk to Sandy. (R.J. 98 E). 

During the discussions when Renate was in Phoenix, Renate told Sandy about the 

troubles associated with single motherhood. (R.J. 98 E). Sandy would be raising a 

fatherless child, she would no longer have a chance at a good job, and she would have to 

shelve her ambitions. Richard had disowned Sandy. Richard chose to believe that the 

child was not Jeffs rather than to be disagreeable with Jeffs father. Sandy stated that if 

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;) 

I 

Debbie could have a baby with Mark, that she could have one on her own. She wanted 

a baby and someone to love. (R.J. 98 E). She also spoke of getting a better job, living 

within her means, and having a consistent lifestyle. They parted on good terms but Renate 

knew that Sandy was too lazy and volatile to hold down a job - but she felt that Sandy 

would have made a good mother and housewife. (R.J. 98 E). 

On October 2, 1985, Debbie had Christopher. (R.J. 98 E). After several hours of 

labor, a cesarean section was performed. Renate was unable to visit. Mark insisted that 

Christopher's middle name be "Conan." (R.J. chron.). On November 11, 1985, Sandy 

gave birth to a baby boy, Jason. She had no health insurance and had to leave the 

hospital the next day, despite the fact that ii was a complicated birth. Neither Jeff nor the 

Sadeik family came to see her or offered to pay any of the expenses. Renate did not come 

to visit, but did pay the hospital bills. Renate wondered at this point if Richard was using 

his own children to exact revenge upon her. (R.J. 10/8/92). 

In December, Mark was sentenced to six months in prison. (R.T. 10-1-90, p.34,37). 

Within three months of getting out of prison, Mark was arrested for domestic violence and 

violating parole. (R.T. 10-1-90, p.46). While Mark was incarcerated, Debbie took 

Christopher to see the Joneses. (Aff.D.&J.Jones). Christopher was only a few months old. 

The Joneses noted that Debbie seemed to be a good mother. (Aff.D.&J.Jones). Charles 

recalled, after Debbie was married and had Christopher, that Debbie had always loved 

children and was maternal. (Aff. C.Jones). 

Sandy was going through an ugly paternity suit against Jeff Martin. (R.J. 98 E). The 

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Martin family denied paternity and Richard also expressed his belief that Jason was not 

Jeff's son, yet Richard told Renate that he promised to set things right. (R.J. 10/8/92). 

However, Richard testified at the hearing in favor of the Martins' point of view. Renate paid 

two hundred dollars for a DNA test. The test indicated that Jeff was ninety-eight percent 

surely to be Jason's father. He was ordered by the court to pay four hundred and fifty 

dollars per month for child support. (R.J. 98 E). 

In April, 1986, Alex and Renate flew to Arizona to visit Debbie and Sandy. (R.J. 98 

E). To Renate, everything at Debbie's home seemed content. Sandy adored Jason but 

was under great financial strain. She also adored Christopher and referred to him as 

perfect. She sought every opportunity to have both boys spend time together, and they 

grew up very closely. Renate and Alex thought that this would bring Debbie and Sandy 

closer. Renate perceived her anxieties to be lessening. (R.J. 98 E). 

On November 15, 1986, Sandy wrote to Renate. Sandy's tone in this letter was 

angry, and the letter is brief. Sandy indicated that she would be moving again in two weeks 

and planned to get a post office box. She stated that she wanted nothing from Renate or 

her father, and told her mother that they were both bringing pain to her life but that she and 

her baby would manage somehow, but she was not sure how. Renate felt that Sandy 

could not live on the child support alone. She tried to work but always ended up quitting 

or getting fired and, according to Renate, Sandy always blamed her problems on someone 

else. Renate tried to counsel her but Sandy responded with hostility, stating "Debbie was 

always the perfect one." She stated that she could never please anyone but she would 

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show them all. Renate resigned herself that this was the way Sandy would always be and 

continued to pay her bills. (R.J. 98 E). 

Phone calls and letters came from Debbie to Renate indicating that she enjoyed 

motherhood and marriage. (R.J. 98 E). She indicated that she was considering having 

another baby. Debbie seemed genuinely happy despite the threat of Mark relapsing. Only 

on rare occasions did Debbie ever act willful or try to get her way with her mother. Renate 

would not categorize this behavior as manipulative as she sensed no malicious intent on 

Debbie's part. (R.J. 98 E). 

In late 1986, Debbie moved away from Mark after discovering that he was abusing 

drugs again. Debbie moved into a two bedroom apartment with Christopher. (D to K). She 

left Mark because she did not want to subject her child to Mark's drug abuse. She had 

been married for two years and Christopher was a year old. (D to K). According to 

Renate, these problems occurred between March and October, 1987; and the break up 

was caused by a DWI sentence that sent Mark to prison. (R.J. 98 E). 

While at the new apartment, Debbie rarely socialized. (D to K). She spent most of 

her time working, caring for Chris and working on her marriage. While at work, one of 

Mark's relatives watched Chris. Debbie entertained the notion of placing Chris in day care 

when he turned fifteen months old so that he would be able to interact with other children 

and to help promote his development. (D to K). 

In January, 1987, Christopher was formally christened at the age of fifteen months. 

Debbie's family attended the event and discovered that Debbie and Mark were separated. 

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) 

They continued to let their negative feelings about Mark be known while giving advice on 

divorce. They also informed Debbie that she was stupid for letting Charles go. 

Debbie still continued to visit with the Donald and Josephine Jones. 

(Aff.D.&J.Jones). She never visited without Christopher. They described Chris as a 

"handful" and felt that Debbie was always diplomatic with him. She was stern but 

appropriate - never showing anger to him, only love. They felt that she was an excellent 

mother - nursing him when he was sick and protecting him when he attempted to play with 

harmful things. To the Joneses, Debbie seemed happy with Christopher and he obviously 

loved her. They felt that she was proud to be a mother. They felt that Debbie would never 

do anything to harm her son. (Aff.D.&J.Jones). 

On January 18, 1987, Sandy wrote to Renate. Sandy and her mother were again 

on decent terms. Sandy was moving into a new apartment with her friend Dee's help. 

Sandy had sold her car to get into the apartment and was working at a day care. She 

mentioned that she was moving into a studio apartment and that if she worked hard and 

missed no work she might be able to pay off all of the debts that she had incurred. Sandy 

knew she had screwed up and was now behind because of it. Without a car, getting 

around was difficult for Sandy especially because the baby had been quite ill, with 

pneumonia and a double ear infection. Sandy also sick with the flu, but both she and 

Jason were getting better. The baby still _had fluid in his lungs. Sandy thanked her mother 

for the Christmas gifts that she sent to Sandy and Jason, as well as the money she sent. 

Sandy also stated that Jimmy came over while she was moving and on bended knee asked 

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- ) 

her to marry him. She said no. She talked about Dee's family situation and told Renate 

if she had to get in touch with Sandy the best place to leave a message was at Dee's 

father's home. Sandy talked about work for a little while and new laws which could have 

affected her at work. (S.ltr.). 

During this time, Renate was concerned about Sandy's problems. (R.J. 98 E). 

Sandy had moved several times, had to. sell her car, she had no telephone as she could 

never control her phone habits. (R.J. 98 E). She had problems with roommates, and 

especially her employers. Sandy would not listen to her mother's advice. Alex flew to 

Phoenix and bought Sandy a car. According to Renate, Alex would not have bought Sandy 

an unreliable car, but within two months Sandy was telling her mother about the costly 

repairs the car needed. Renate felt this was a way to extract more money. (R.J. 98 E). 

When Renate gave Sandy money, she and Alex never expected to be paid back - they just 

wanted Sandy to get on her feet. (Renate letter to Wake 6/27/95). When Renate gave 

money to Debbie, she was always repaid. Richard reported the same, except that things 

changed after Debbie met Mark. (Richard Sadeik int. with K.F. 1/24/90). 

Richard did not travel to Phoenix•to see the grandsons. According to Renate, he 

made Debbie and Sandy bring the boys to him. (R.J. 98 E). He built a sandbox in the 

back yard. Renate was upset because he would not even give the girls gas money for the 

sixty mile trip to Florence. Richard and Maureen stated that Debbie used Christopher as 

blackmail, refusing to let them see him when Debbie was angry with them. (Richard 

Sadeik int. with K.F. 1/24/90). They stated that Debbie would not let Renate see Chris in 

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) 

1989 because she was angry with her. Renate was allowed to see Christopher when she 

came to visit because she bought Debbie a car. (Richard Sadeik int. with K.F. 1/24/90). 

Renate states that Maureen tried hard to keep peace within the family. (R.J. 98 E). 

On February 25, 1987, in a letter to Renate, Sandy told her mother that she had 

spent the weekend in Florence visiting her family and stated that she had had a very nice 

time. Debbie's son, Christopher, was also there and Sandy sent a picture of the two boys 

along with the letter. Sandy stated that Jason "looks pathetic". She was working at 

American Express where she had worked before and was hired back at the same rate of 

pay in a better location. Financially, she was still in a slump but had a tax refund coming 

which could bring her current on her debts with the exception of an apartment she in which 

used to live. Sandy was looking for a day care solution since she was working but Jason 

was small for his age, and "passive", and Sandy believes that going to a regular day care 

would be detrimental to her son. Sandy thanked her mother for the car and told her she 

felt like "dirt" for having to ask for her help. 

On March 29, 1987, Sandy wrote to her mother, again thanking her and Alex for the 

car and telling her that after she takes care of all her debts she would pay her mother back. 

The child support checks helped out, and she was still working. She had an in-house sitter 

for Jason. Sandy was still seeing Jimmy, who was hurt by a letter Renate wrote calling him 

a slob with no direction. Sandy wrote that Jimmy was a good person. She enjoyed the fact 

that he was living in Florence and she was living in Phoenix. She described that as getting 

the best of both worlds. Sandy stated how wonderful her son was and how proud Renate 

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) 

would be of him. Sandy had received a phone call from someone telling her the Renate 

was in the hospital, she doesn't know who called but it was a prank call. 

Sandy was eventually asked to vacate her apartment. Debbie offered to have 

Sandy and Jason move in with she and Chris. K1987, 1. Sandy was not working but still 

received a monthly child support check. Debbie did not know the origin of the check. 

Sandy offered to watch Chris while Debbie worked but he was already enrolled in preschool. K 1987, 1 Sometimes Chris would stay home and be watched by Sandy. On those 

days, Debbie would come home from work during her lunch break to check on Chris and 

tuck him in for his nap. K1987,2. 

Sandy became friendly with the neighbors. Sandy introduced Debbie to one 

neighbor, Jim Styers. K1987,2. Debbie was friendly to Jim and always said hello in 

passing. Sandy spent a great deal of time with Jim. K1987,2. Jim always lent a helping 

hand with carrying groceries, carrying the laundry from the laundry room and helping get 

the kids and all of their belongings into the apartment, etc... Debbie described him as very 

kind and polite. When Sandy sporadically worked, Jim would watch Jason; and would 

watch Christopher when he was not in pre-school. (R.J. to Wake 6/27/95). He lived with 

a pregnant woman whom Debbie assumed was his wife. She knew little about his life. K2 

On one free evening, Debbie, Sandy and Jim sat outside and shared soda and wine 

coolers. K1987,2. Debbie began learning about Jim's life. He told her that the woman 

with whom he lived, Gail, was not his wife and was someone with whom he had an affair. 

Jim was married and had children but left his family to help take care of his pregnant 

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mistress. He told Debbie that he was a Vietnam veteran. Debbie noticed that the subject 

of Vietnam was uncomfortable for Jim. Jim claimed to be a Christian and often spoke of 

"the Lord." Debbie mentioned the hypocrisy regarding his marital situation, but Jim avowed 

his conviction. He did not swear, drink or smoke. K1987,3. 

Renate came to visit her daughters at their apartment during the summer of 1987. 

(R.J. 98 E). She felt that both women had problems, mostly financial in nature. Debbie 

was working hard to diminish her debt. She had to live on her salary alone each time Mark 

went to prison. Debbie sometimes worked two jobs in exchange for Sandy watching the 

boys. Sandy could still not hold down a job, partly because Jason was sick so often. Chris 

was a "handful" and Jason was quieter but still stood his ground when he fought with Chris. 

Renate found Chris's inattentiveness normal for his age. The boys were inseparable. (R.J. 

98 E). 

During Renate's visit, Mark came to see Christopher. (R.J. 98 E). She begged him 

to change his ways for the sake of his son. She felt that Debbie still loved Mark, but 

Debbie was also committed to her professional plans and eliminating her debts.(R.J. 98 

E). 

Sandy had met Eddie, a neighbor's son from her early childhood. (R.J. 98 E). His 

father was one of Richard's drinking friends from Phoenix in 1971. Renate went apartment 

hunting for them and purchased furniture for Sandy. Renate later found out that Eddie 

was a violent person and shared some of the same traits as Mark. Eddie was physically 

abusive and had a criminal record. Sandy later broke off the relationship before moving 

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in with him. (R.J. 98 E) 

As the months went by, Jim became a regular visitor at Sandy and Debbie's 

apartment. K1987,3. He and Gail often came over for dinner. Jim played well with Chris 

and Jason and seemed to like them. Mark, who also visited, often asked about Jim. 

Debbie told Mark that Jim was just a friend. When Jim asked about Mark, Debbie told him 

that they were separated because of Mark's drug abuse. That was the only discussion 

about Mark she had with Jim during that time frame. K1987,3. 

In a letter dated October 5, 1987 from Sandy to Renate, Sandy referred to Renate's 

recent visit and that even though it was short it was a nice visit. (S.ltr.) Apparently, Debbie 

and Renate had had a fight and they discussed the incident while Renate was in town. 

Debbie and Mark still "do things just like normal married people," although at this time Mark 

had taken Christopher from Debbie. Debbie had gone to talk to her father to discuss a 

plan on how to get Christopher back, but in the end she and Mark made up and 

Christopher went back to Debbie. 

In the letter Sandy discussed about Debbie finding out that Mark had a new 

girlfriend. Debbie had talked to Sandy about going to California the next year. Sandy didn't 

know if Mark would accompany Debbie or not. Sandy still had problems with Maureen, 

after having visited the Sadeiks. Sandy informed Renate that she has changed her mind 

and now wanted to go to school for nursing. Sandy was still in serious debt and believed 

that it was because no one told her how to go about dealing with day to day living, or 

paying bills. Sandy mentioned that Eddie had moved into the apartment. Debbie and 

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) 

Eddie had gotten into a fight and Debbie wanted Eddie to move out, but he wouldn't leave 

In response, they called the police. After running a check on Eddie, they found that he had 

an outstanding warrant for his arrest and he was taken to jail. When Eddie got out of jail 

he was "irate", mostly at Sandy. A few days later Sandy had her car broken into and the 

stereo was stolen. The stereo had been a gift from Eddie. Sandy filed another police 

report and the next day Eddie came and apologized and returned the stereo. Although 

Eddie was no longer living with them, he and Sandy have resumed a friendship since it was 

better to be civil than to wait for Eddie to exact his revenge again. (S.ltr) 

Debbie attended drug counseling three or four nights a week with Mark. K 1987 ,2. 

She also attended a support group for non-addicted spouses. Her efforts were almost 

solely for Christopher's sake. She wanted Chris to live in a two parent household despite 

the fact that she was no longer romantically interested in Mark. K1987,2. 

After living together for months, Sandy and Debbie's relationship began to suffer. 

K1987,3. They differed as to the manner of disciplining their respective children. While 

Sandy used harsh language and spanked Jason, Debbie used "time-outs" and explanation 

to correct Chris. Debbie attributed Jason's behavioral problems to his innate hearing 

impediment that caused him to develop slower than other children his age. He was often 

sick and did not learn to speak until well after Christopher did. (R.J. 98 E). Chris was bright 

and learned quickly. Debbie felt that Sandy was jealous because of these differences. 

K1987,3. It was later determined that Jason had slight brain damage. He had surgery that 

alleviated the hearing impediment to some degree, but he was never fully cured. (R.J. 98 

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) 

) 

E). 

Debbie and Sandy also had arguments because several of Sandy's male friends 

were interested in Debbie romantically. K1987,3. Debbie did not reciprocate. Sandy also 

got upset when the Milke family would ask to see Chris, feeling that Jason was left out. 

Sometimes Debbie brought Jason along to see the Milkes. Sandy also got upset because 

Jim befriended Debbie. Debbie refers to Sandy at this time as incessantly jealous, causing 

constant misery. For that reason, Debbie moved out. She did not ask Sandy to move out, 

despite the apartment being originally Debbie's, because she did not have the heart to do 

that to Sandy and Jason. K1987,3. 

In November, 1987, Debbie began renting a room in another single mother's home. 

Chris was two years old. K1987,3. During the move, Jim's girlfriend had a baby girl, 

Wendy. Gail abandoned Wendy with Jim. K1987,3. 

Before moving, Debbie, upon his request, gave Jim her new address. K1987,4. 

She was reluctant to do it because she was afraid that it would further upset Sandy. In 

fact, Sandy did get very upset when Debbie and Jim remained friends after Debbie moved. 

Mark still resided at the marital residence. K1987,4. The drug counseling ended 

but Mark still continued using and otherwise acted out of control. He spent some time in 

jail. Mark would visit Debbie and Chris occasionally. Disputes between Debbie and Mark 

arose about the marital situation. K1987,4. 

In a November 11, 1987, letter, Sandy told her mother that she was moving into a 

new apartment over the weekend, but she did not have the address. She was also 

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() 

) 

changing jobs. The letter implies that her mother must have told her that she needed 

some stability. Jason was to be admitted into the hospital to have tubes inserted into his 

ears. Jason was deaf in one ear due to a chronic condition. Sandy had not been receiving 

her child support from Jeff and was filing papers in court. The letter was short and 

included a birthday card for Renate. 

Mark informed Debbie that he would be moving out of the house by the end of the 

year. K1987,4. When Debbie went to the house to retrieve the remainder of her things, 

she found Mark in bed with one of her friends. Debbie was shocked and hurt but did feel 

some relief from the sexual tension between she and Mark. K1987,4. They argued and 

Mark shouted that he wouldn't have had to have sex with someone else if Debbie was 

doing her "wifely duties." K1987,4. At that time Debbie realized that if she had not worked 

so hard to save the marriage for Chris's sake, she would have divorced Mark much sooner. 

She was very distressed. K1987,4. 

Sandy moved into a rental house. (R.J. 98 E). She was having trouble securing 

support from Jeff and was anticipating returning to court. Every few months-she had to 

fight for child support. Renate felt that Richard should have been more helpful since Jeffs 

father was his friend and neighbor. Renate felt that she did everything to support Sandy 

but was worried about to what extent Sandy brought her problems upon herself. (R.J. 98 

E). 

In a letter from Sandy dated November 20, 1987, Renate was confronted with the 

extent of Sandy's financial crisis. (R.J. 98 E). She had bad credit, stacks of unpaid bills 

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and bad checks. Sandy expressed self-loathing and craved her mother's approval. She 

admitted her mistakes and asked her mother not to think of her as a failure. She stated 

that she would do anything to prove herself worthy of the admiration that Renate felt for 

Debbie. Renate spoke with a psychologist to ascertain the root of Sandy's feelings and to 

find out what she could do to help. 

In the November 20, 1987 letter, Sandy told her mother that she was turned down 

for the apartment she thought she was getting and was living in the same place. She 

spoke about her indebtedness and thanked her mother for sending money for her move. 

Sandy stated that she would return the money. She told her mother that Debbie had 

moved out with Chris and was living with a woman who had had an advertisement in the 

paper. (R.J. to Wake 6/27/95). 

In the same letter, Sandy told Renate about Debbie's plans to move to California 

in January for a year without Mark or Christopher. (R.J. 98 E). According to Sandy, Debbie 

intended to live with one of Sandy's friends in Huntington Beach while she trained for her 

job in the Santa Ana region. The training was necessary for a promotion in the new 

Carlsbad area that was to open in 1989. Mark would not go because of his probation and 

AA meetings. Chris would not come because there would not be enough time for Debbie 

to find her own place and get settled. Sandy stated that "all of us" would take turns caring 

for Chris. She stated that Debbie was really hesitant about going but it was her only shot 

at what she wanted, and Mark was very supportive. She further stated that Mark would 

probably not wait a year until he followed. Sandy gave Renate Debbie's new phone 

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) 

number and told her that Debbie was home for the day because Chris was sick. (R.J. 98 

E). 

Debbie declined the offer to relocate to Farmers' Insurance regional office in 

Carlsbad, California because of her commitment to attending Mark's drug counseling 

meetings. Her family informed her that·they felt she was foolish to be wasting so much 

time on Mark's rehabilitation. K1987,2. 

In a December 28, 1987 letter, Sandy enclosed a list of her debts and explained the 

Kay Jewelers' debt. Sandy had gotten a credit card from Kay Jewelers thinking she would 

buy a ring and turn around and pawn it to pay bills. She got very little in return and now 

owed almost a thousand dollars. Sandy mentioned Jason's surgery and anticipated that 

he would have it soon. The Martin's, Jeff's parents, had had Jason on their health 

insurance policy and would pay for the surgery. Sandy's father would pay the deductible. 

Renate had asked Sandy to send her a list of her outstanding bills in order of 

priority. (R.J. 98 E). The total amount was two thousand, four hundred, eighty-eight 

dollars and fifty-seven cents. Most of the bills were a year old and were in collection. 

Sandy told Renate that she was apprehensive about giving the bills to her mother but also 

felt relieved because now she could get some help. She stated that she lost all sense of 

responsibility and wanted to start her life over again, but was afraid of failing. Renate 

made arrangements with the collections agencies to pay the debts. Renate told Sandy that 

she had to take responsibility for the life she had created for herself and that self-hate 

could not solve her problems. Renate states that she did not go to Richard for help with 

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.) 

) 

Sandy's debt because Richard had paid the deductible on the health insurance for Jason's 

ear surgery that Mr. Martin had purchased. (R.J. 98 E). 

During the 1987 holiday season, Debbie and Chris spent time at the Milke family's, 

as well as at Debbie's family's. Debbie preferred spending time with Mark's family. She 

did not enjoy going to her father's house but did so as to not deprive Chris of his 

grandfather. K1987,4. Debbie limited the visits to day visits as she could not stand to be 

there any longer. Richard's drinking sickened Debbie. Richard would get drunk and berate 

Debbie about her relationship with Mark and about how perfect her life would have been 

had she married Charles. Debbie found Richard's view about family distorted. She felt 

that her family enjoyed rubbing her mistakes in her face. She found this time depressing. 

K1987,5. 

In the beginning of 1988, Debbie got a promotion at work. K1988, 1. She began to 

potty-train Chris, which was a difficult task. The two spent much time at Mark's mother's 

home since she lived alone. Debbie did not hear very much from Mark. K1988, 1. She 

and Jim spoke occasionally. She did not see him very often. Sandy and Jim were 

spending a lot of time together since Sandy was helping him take care of Wendy. Sandy 

would not speak to Debbie. Jim kept Debbie up-to-date regarding Sandy's and Jason's 

. well-being. When Debbie and Jim did see each other, he acted calmly and did not give her 

unwanted advice or opinions. Over time, Debbie began to trust him enough to tell him 

about her problems with Mark. K 1988, 1. 

In a January 25, 1988 letter, Sandy described to Renate that Jason had been ill and 

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{) 

) 

Sandy had needed to stay home with him. She had been cleaning Dee's mother's house 

for money, doing ironing and other chores. She was also doing the same type of chores 

for Dee's mother's friends in order to pay her bills while she stayed with her son. Sandy 

told her mother that she was working at a bar at night where the tips were good. 

On March 20, 1988, Sandy sent a letter to Renate enclosed in a card. It was a brief 

letter. Sandy wrote mostly about Debbie and Mark ending their relationship. Both of them 

were seeing other people. Christopher was now in preschool and was doing well. Sandy 

described him as an angel. Debbie had• quit one of her jobs but still has one job. 

Debbie took a part time job at a nursing home on the weekends. K1988, 1. She 

enjoyed her work there. Mark did not pay any support for Debbie but did provide for 

Christopher. Mark's mother watched Chris while Debbie worked on the weekends. He 

enjoyed his time with his grandma and they became "inseparable." K1988,1. 

After much hesitation, Debbie agreed to date a man named Dave, who was from 

Colorado but was attending school in Arizona. K 1988, 1. When the relationship began to 

progress, Debbie backed away. Mark found out about the relationship and arguments 

ensued. K1988, 1. Debbie ended the relationship partly because of Mark's reaction. 

K1988,3. 

Mark began stalking Debbie. K 1988,2. He would show up at Debbie's place of work 

and demand to see her. He would call her at work constantly. He sent flowers frequently 

with conflicting notes attached, and would send weeds with love notes attached. Debbie 

asked Mark to stop. She was disciplined at work because of the disturbances. 

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. l 

Christopher's school called Debbie on several occasions to report that Mark had pulled 

Chris out of school early and Debbie would have to leave work early to find her son, as the 

thought of him being with Mark made her very nervous. After Mark showed up at Debbie's 

workplace intoxicated, Debbie quit her job in March or April of 1988 in anticipation of being 

fired. She was mortified. She found a temporary position at another insurance company 

and did not tell Mark its location. K1988,2. 

After awhile, Mark calmed down. K1988,2. He suggested that he take Chris for a 

weekend. He informed Debbie that they would be staying at his mother's house so Debbie 

let Chris go. Debbie saw Jim that weekend and learned that Sandy wanted to see her. 

Sandy had won her paternity suit and was doing well. She had rented a new home. The 

two met and Debbie informed Sandy about the troubles with Mark. K1988,2. When Mark 

returned with Chris, he was extremely intoxicated. He was oblivious to his surroundings 

yet he had managed to drive, with Chris in the car, to Debbie's. Chris was dirty and 

improperly dressed. His car seat was missing. Mark passed out at Debbie's house while 

she cleaned up Chris. K1988,2. While sleeping, Mark urinated in Debbie's bed. When 

he awoke, he apologized to Debbie and promised that it would not happen again. 

K1988,3. 

In March, 1988, Sandy wrote to Renate about having Christopher for a weekend and 

that the child's disposition had changed dramatically. (R.J. 98 E). Debbie had put Chris 

into pre-school and Chris was learning to share and relate with others. She told her mother 

that Debbie and Mark decided to end their marriage, but that they were still on good terms. 

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l 

She stated that Debbie looked better than she had in the past, but that her car was falling 

apart. Sandy assured her mother that Debbie would take care of her car, herself. Sandy 

told her mother about a new job with benefits. Yet, she complained about the driving 

distance to the job. 

In May, 1988, Mark rented a room at Sandy's house. K1988,3. Debbie had not 

been aware that Sandy and Mark kept in touch or that Sandy even liked Mark. Mark stated 

that he moved in with Sandy so that he could see Chris more. Mark was not allowed at 

Debbie's and knew that Debbie visited her sister. When Christopher visited Mark at 

Sandy's the visits went well. K1988,3. After Mark got another DWI, Debbie filed for 

divorce. (R.T. 10-1-90, p.40). 

According to Renate, Chris may have stayed with Mark and Sandy while Debbie was 

trying to get her life back in order. (R.J. chron.). Sandy felt that Debbie was using her for 

day care and support for Chris; yet, Renate states that Sandy was unemployable because 

of Jason's health problems. Renate does not believe that Debbie would not have provided 

financial support for Chris during this time period because Sandy would not have been able 

to do it otherwise. (R.J. chron.). 

Debbie and Mark agreed to an uncontested divorce. Debbie agreed to provide 

medical and dental coverage while Mark would provide for Christopher's other needs. 

They would share custody, with Debbie being the primary caretaker and unlimited visitation 

for Mark. Part of the agreement was that Mark had to refrain from his destructive behavior. 

Debbie emphasized the importance for Christopher for she and Mark to remain friends. 

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The divorce petition was filed in May, 1988. K1988,4. 

Also in 1988, Debbie's friend Dorothy Markham recommenced their friendship. 

K1988,4. Debbie still worked as a temporary employee but quit her job at the nursing 

home. She was having trouble finding a permanent job. She aspired to become an 

insurance underwriter. K1988,4. 

Debbie began to socialize a little. K1988,4. She did not date very much and felt that 

that was because she was searching fro someone like Charles. She still loved him. 

Through a mutual friend, Debbie met a man named Tom. He was attractive and reminded 

her of Charles. Debbie told him right away about Chris but would not let Tom meet him 

until later. K 1988,4. She did not want Chris to get attached to adults whom might not be 

around for very long. K1988,5. The relationship lasted and was strong. K1988,5. 

Chris continued to have regular visits with Mark at Sandy's. K1988,5. On one 

occasion, Chris spent the weekend there. While Debbie and Tom were at a wedding 

reception, Debbie received a call from Sandy who instructed her to come over immediately. 

K1988,5. Debbie frantically left the reception without telling anyone. When she arrived at 

Sandy's, neither Mark nor Chris were present. Eddie, one of Mark's friends, was there and 

explained that Mark and Christopher were at a drug dealer's house. He explained that 

Mark had brought Chris there the night before. There were weapons present as well as 

drugs and drug paraphernalia. Mark has injected heroin in Chris's presence. Debbie 

insisted upon going to retrieve Christopher. K1988,6. With a police escort, Debbie and 

Eddie went to the house but Mark had just left. K1988,6. 

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1 

Mark and Chris returned to Sandy's. Debbie was so relieved to see Christopher that 

she held him tightly and sobbed. K1988,7. While Sandy took Chris and Jason for a walk, 

Debbie confronted Mark. After seeing the needle marks on his arms, Debbie slapped 

Mark. He denied any wrongdoing and a _heated argument ensued. Christopher returned 

and sweetly asked Debbie why she was crying. She scooped him up and started out the 

door, after stating that she would now seek sole custody. Chris and Debbie went to Tom's 

house. K1988,7. Debbie, humiliated, told Tom about the incident. 

In July, 1988, Debbie began her search for a divorce attorney. K1988,8. She had 

trouble finding one whom she could afford but was nervous about the pending status of the 

first petition. As a last resort, Debbie asked her mother to loan her the money. She did 

and Debbie found a lawyer who terminated the first petition, refiled, asking for dissolution 

and sole custody awarded to Debbie with child support. Mark's mother was upset about 

the new petition. She informed Debbie that Mark had hepatitis and suggested that Debbie 

get tested for HIV. She did. Mark was in jail again. K1988,8. 

Sandy informed Renate of Mark's behavior, bringing women into the house, 

wrecking her furniture while in drunken stupors, and ignoring Chris. (R.J. chron.). Jim 

heard about Debbie's troubles and visited her. K1988,8. Debbie was spending more time 

with Tom and less time with Mark's mother. Debbie took a night job working for Citibank. 

Sandy took care of Chris while Debbie worked at night. K1988,9. 

In a July 23, 1988 letter to Renate, Sandy stated that she was living with Dee, but 

they had had an argument over phone bills that Dee's boyfriend incurred. Sandy asked 

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() him to pay the bill; he wrote a check which bounced and Sandy asked Dee for the money. 

Dee refused and moved out. Sandy stated that Eddie had moved in, the same Eddie 

mentioned in previous letters. Mark and Eddie knew each other and Sandy asked that 

Eddie not go out with Mark, because she thought they were trouble together. Sandy also 

mentioned that Mark had asked her to act as his alibi in pending legal matters. Sandy 

discussed this with her father who informed Sandy that if she did testify as Mark wanted 

he would turn her in for perjury. Sandy indicated that she would not testify and that Mark 

deserved whatever he got. Sandy had Christopher living with her, but was having 

problems and called Debbie to tell her that she needed to come get Chris. Debbie was 

coming. Sandy told her mother that neither Mark nor Debbie had seen Chris lately and 

Chris was acting out because of this. She mentioned one incident wherein Chris bit the 

tip of Jason's penis and broke a blood vessel. Sandy stated that she was so angry she 

was unable to punish him, for fear of overreacting. Sandy had been in an accident and her 

car was in the repair shop which would not release it until she paid them for the repairs. 

Sandy was unable to come up with the money and was now stranded at her home. 

(S.Ltr.). Renate and Alex paid for the repairs. (R.J. chron.). 

On August 18, 1988, Sandy wrote her mother telling her that she was involved in 

undercover work for the police. The police were using Sandy as "bait" to catch her old 

roommate, Eddie. Eddie was wanted for several felonies in which Eddie and Mark were 

involved together. Mark had been caught but was unwilling to talk about Eddie. Sandy told 

her mother that she was heavily guarded and everything was okay. Sandy also told her 

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- 1 

mother that on her birthday she was out with "friends (cops)" when she received a phone 

call telling her to look in her car. On the front seat were two dozen roses and a gold 

bracelet. Later that night she went out to a country bar and received a letter from Eddie 

telling her that he didn't forget her birthday. The letter was not signed but she stated she 

recognized Eddie's handwriting. In order to lure Eddie out, Sandy stated that she also 

frequented bars where Eddie was known to go to nightly. Sandy also told her mother that 

the police were so impressed with her that they have in essence asked her to remain on 

the "force". The police were not requiring her to have any training but Sandy thought that 

it was far to dangerous. In another note, Sandy informed her mother that Jason was going 

to meet his biological father, Jeff, for the first time. And she has started another job. 

In early August, 1988, Debbie was being stalked again. K1988,9. She received 

threatening phone calls and her car was vandalized on three occasions. "Bikers," of the 

type with whom Mark associated, were making themselves visible near Debbie's home. 

Debbie and her housemate felt that Mark was behind the stalking. As a result, Debbie 

decided to leave Arizona for awhile. Her friend, Dorothy Markham, suggested that Debbie 

and Chris visit her in Colorado. Debbie quit her two jobs and broke up with Tom. She did 

not want to break up with Tom but did not want him involved in her problems, despite his 

stating that he would take care of them. Both cried. Debbie said goodbye to her 

roommate, Sandy and Jason and Jim. She asked Sandy not to divulge her destination. 

K1988,10. 

Christopher was excited about the trip to Denver. K1988, 10. Debbie bought him 

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new toys for the trip and his very own sunglasses. In Flagstaff, mother and son walked in 

the woods, sat by the lake, visited Northern Arizona University, swam in the hotel pool and 

ate lots of ice cream. On the way to Gallup, New Mexico, Debbie and Chris sang songs, 

ate junk food and talked about Chris's impending birthday. Chris played games and was 

fascinated by the eighteen wheelers. He asked a lot of questions about Dorothy and the 

mountains. He did not mention Mark or Marks' mother, which was surprising to Debbie. 

K1988, 10. Debbie felt guilty for taking him away from those who loved him. K1988, 11. 

On the way from Gallup to Albuquerque, Debbie's car broke down. K1988, 11. 

Chris and Debbie walked over a mile to a gas station. K1988, 12. She turned down a ride 

from a trucker, Sal. Sal told the attendant at the gas station about Debbie and he 

retrieved her car with a tow truck. At the gas station, Debbie learned that someone had 

deliberately damaged her car, causing the engine to freeze. K1988,13. Debbie did not 

have enough money to have the car repaired. Sal offered to drive Debbie and Chris to 

Denver. After giving the phone number of Sal's employer to Dorothy on the phone, and 

despite tremendous anxiety, Debbie accepted a ride to Denver with Sal. Chris was ecstatic 

about riding in the truck. K1988,13. To be on the safe side, Debbie told Sal that she had 

AIDS. The trip took one and a half days and Debbie and Christopher had a great time. 

K198814,15. Upon saying goodbye, Sal and Chris hugged. Debbie cried. K1988,15. 

Dorothy lived in a small town fifty miles north of Denver. K1988,16. She had a day 

care center in the home. Her husband, Richard, owned his own construction company. 

They lived in a nice neighborhood with Dorothy's son, Bobby, and Richard's son, Trevor. 

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() Debbie looked up to Dorothy and welcomed and appreciated her assistance. K1988, 16. 

Debbie did not know if she would stay in Colorado. 

Debbie found a temporary job immediately and Dorothy took care of Chris during 

the day. K1988,16. Chris enjoyed day care and his new friends. Dorothy introduced 

Debbie to some friends. A few nights a week, Debbie went to Al-Anon meetings. A part 

of her wondered if things might change for she and Mark. She wished that he would 

recover so that he could be part of his son's life again. Debbie considered Mark a great 

father when he wasn't drunk or high. K1988,16-17. Debbie feared that if she expressed 

her feelings about wanting Mark to remain in her life that everyone would judge her and 

render unwanted advice, so she did not speak at the meetings and did not tell anyone, 

even Dorothy, about her feelings. K1988,17. 

Tom moved to Denver, where he was originally from. K1988,17. Tom wanted to 

resume their relationship but Debbie felt that she did not have room in her life for a 

romantic involvement. K1988,17. 

Christopher and Debbie spent a great deal of time outdoors while in Colorado. 

K 1988, 17. Debbie remembers Chris rolling around in the plush, green grass which he was 

not used to in Phoenix. Debbie and Chris tagged along with Bobby's Boy Scout troop to 

the Rocky Mountain National Park where they took a nature hike, walked on trails, picked 

berries and observed bear claws on aspens. Christopher thoroughly enjoyed this time -

the nature and the company of the older boys. Debbie remembers how cute he looked, 

dressed in Levi's and hiking boots. K1988,17. 

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;J On Labor Day in 1988, Dorothy's family, Chris and Debbie went on a three day 

hiking trip in Colorado Springs. K 1988, 17. Chris learned how to fish and panned for gold. 

There were activities and contests for children, as this was trip was an event sponsored 

by a group to which Richard belonged. At night, Chris and Debbie sat by the campfire and 

roasted marshmallows. Chris loved the outdoors. K1988,17. 

Christopher and Debbie visited Dorothy's parents, Marlene and Mike, often, from 

whom Dorothy was estranged but Debbie knew from years ago. K1988,18. They loved 

Chris and he liked to visit them. Debbie enjoyed Marlene's company and Marlene spoiled 

Chris by buying him clothes and toys. 

After being in Colorado for one and a half months, Chris began acting differently. 

He began having wild tantrums and became unruly. K1988,18. He would not listen and 

talked back. He was hyper and uncontrollable, often crying for grandma and Jason. 

Debbie thought that his behavior was due to too much sugar, so she monitored his diet. 

Dorothy insisted that it was just a phase. It did not occur to Debbie to take him to the 

doctor; Debbie assumed that since he cried for grandma, that he was just very homesick. 

Debbie was torn about whether or not to go back to Phoenix. Many arguments between 

Debbie and Dorothy took place. Debbie was having trouble dealing with the stress and 

frustration so she often left Chris in Dorothy's care. She began to spend more time away 

from him and with her friends. K1988, 18. 

During this time, Dorothy phoned Renate and stated that Christopher was difficult 

to handle and Debbie had a hard time controlling him. (R.J. chron.). Dorothy was vague, 

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but Renate inferred that Debbie was not handling Chris correctly. Renate asked Dorothy 

what should be done, and Dorothy did not answer. (R.J. chron.). 

In October, Debbie returned to Phoenix for the divorce hearing. K1988, 18. This 

time Mark had taken Debbie to court over custody and visitation issues. Jim went to the 

hearing with Debbie. Debbie retained custody over her son and obtained a full order of 

protection against Mark from the Phoenix Municipal Court. (R.T. 9-17-90, p. 44-45). 

Notwithstanding, Debbie allowed Chris to visit with Mark regularly until Mark left for Texas 

in late November. (R.T. 10-2-90, p.50-51). Following the hearing, Jim took Debbie to 

lunch, where she cried. K1988, hp.8. Around that time, Debbie attempted to smooth 

things over with Mark's mother so that there would be no evident strife if she chose to 

move back with Christopher. Debbie began better tolerating Chris. She still snapped al 

him, which made her feel awful, but she tried to better the relationship by taking long walks 

in the woods with him. K1988, 18. Debbie eventually moved back to Arizona and began 

living with Mark's mother. (R.J. chron.). 

On October 3, 1988, Sandy wrote to her mother from the hospital. Jason had fallen 

the night before and began vomiting in the morning so Sandy took her to son to the 

hospital. Sandy had started work at a grocery store chain and she liked her job. Debbie 

was in Colorado and called Sandy to tell her she wanted to come back to Phoenix. Sandy 

thought that was not a good idea and told Debbie so. Debbie wanted Sandy to move out 

of the place where she was living. Sandy was living with a girl named Susie but Debbie 

wanted to live with Sandy. Sandy said no. Sandy wrote again of her indebtedness. 

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() In a November 17, 1988, letter Sandy told her mother that she was working parttime at Target in addition to her other job. (S.ltr.) She was stashing paychecks away for 

later. Her roommate's ex-husband had moved in with Sandy and Susie. Sandy was dating 

Ron Pickenpaugh and they had decided to not to rush things. Sandy wrote that she had 

not heard from Debbie and probably would not until Debbie wanted something. Most of 

this letter centered around Ron. In response, Renate sensed that Sandy was happy. (R.J. 

chron.). 

In December, 1988, Debbie found a lump on Christopher's neck. She sought 

medical attention immediately. (R.T. 10-1-90, p.102). Christopher was hospitalized for 

a tumor on his thyroid. During the three weeks that Chris was in the hospital, Debbie 

impressed the staff with her dedication and attention to him. Once released from the 

hospital, Christopher's hyperactivity resolved markedly due to the treatment of his thyroid 

problem. (R.T. 10-1-90, p.102). 

On December 17, 1988, Sandy wrote to her mother about her relationship with Ron. 

(S.ltr.). Sandy indicated that her father was not impressed with Ron. She stated that she 

and Ron bickered often and needed to work things out, but she did not want to let the 

relationship go. 

In January, 1989, Debbie went to Florence to pick Mark up from prison. K1989, h.8. 

Mark had served several months and had been in prison while Debbie divorced him. 

Debbie felt that he was upset about the divorce and she felt awkward about picking him 

up. Debbie felt that Mark was more upset about the custody and visitation issues then 

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- ) 

) 

about the divorce, itself. Debbie justified her actions regarding custody and visitation as 

being for Chris's safety and welfare and had no intention of stripping Mark of his parental 

rights. According to Debbie, these issues enraged Mark and he consistently expressed 

his rage. During the ride back to Phoenix, Mark and Debbie barely spoke. Debbie 

decided to fill the silence with news about Christopher. Mark questioned whether or not 

she would change the custody stipulations. Debbie informed him that she would not until 

he proved that he was drug-free. Debbie notes that this discussion foreshadowed many 

future arguments. K1989, h(no page number, between pages 8 and 9). 

Debbie did not understand Mark's addiction and felt frustrated and angry. She 

wanted to shake the addiction out of him. She felt that she was not going to be one of the 

many people who had given up on Mark. Chris frequently asked where his dad was and 

why he hadn't called. Debbie refrained from speaking negatively about Mark in Chris's 

presence. Richard had bad-mouthed Renate in front of she and Sandy, and Debbie 

resented that behavior. She did not want to repeat it. K1989, h.9. 

Chris was ecstatic when he saw his father. K1989,h(no page number, between 

pages 8 and 9). Chris was three years old and it had been six months since he had seen 

Mark. After arriving back from prison, Mark, Debbie and Chris went out for pizza and Mark 

and Chris played games while Debbie watched. She felt that perhaps Chris was reason 

enough for Mark to stop using drugs. She hoped that this would be the beginning of a 

stable father and son relationship. Debbie expressed that her family thought she was 

crazy for giving Mark another chance but that she did not care what they thought. At the 

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) 

end of the evening, Debbie dropped Mark off at a friend's house. K1989, h.9. 

Debbie did not see Mark for a month following that evening. K1989, h.9. When he 

finally called her, he begged her for a favor. Because he sounded so distraught, Debbie 

agreed to meet with him. She remembers knowing as soon as she saw him that he was 

using drugs again. Mark asked Debbie if she would accompany him to see his parole 

officer and sneak in her urine for testing. Debbie knew that Mark had hit rock bottom and 

was appalled. She said no - she did not want to enable him. Mark cried out in desperation 

and said that he would be violated and sent back to prison for twenty-five years. He cried 

that he would never be able to see Chris again. Debbie made a suggestion: she agreed 

to go to see the parole officer and ask that Mark be placed in drug rehabilitation. Debbie 

promised to support Mark through this period. Mark agreed and the parole officer agreed, 

as well. Debbie lived up to her promise. K1989, h.9. 

While Mark was in rehab, Debbie took Chris to see him every Saturday for family 

day. K1989, h.9. Activities were structured and supervised so Debbie was able to leave 

Chris with Mark so that they could spend time together. She felt that she should not stay 

since she and Mark were divorced and her support of him was due to friendship only. 

Everything seemed to be going well - Mark seemed healthy physically and mentally and 

Chris was happy to spend time with his father. K1989, h.9. 

In a March 3, 1989 letter to Renate, Sandy told her mother more about her 

relationship with Ron and commented about the lack of support she had from her father. 

(R.J. chron.). She told Renate how Debbie was doing but did not state that Debbie was 

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) 

) 

having any trouble with Chris. (R.J. chron.). 

Sometime in May, 1989, Mark was released from rehab and went to live with a 

sponsor. K1989, h.10. He stayed in contact for a few weeks. Debbie did not feel 

comfortable allowing Christopher to spend time alone with Mark so she spent time with 

both of them during the weekends. Debbie was not convinced that Mark's sponsor, Kevin, 

was completely dedicated to sobriety and was fearful that his house would be another dope 

house. She also needed to see if Mark was actually dedicated to rehabilitation. K1989, 

h.10. 

After sometime, Debbie became convinced of Mark's dedication and allowed 

Christopher to have day visits with him. K1989, h.10. Chris and Mark had several visits 

together and then Debbie did not hear from Mark for sometime. Every time she called his 

house, he was not there. Debbie was not overly concerned as she and Chris had their own 

life together. Debbie was teaching Chris to swim that summer and the two spent a lot of 

time at Mark's mother's home. They also spent time with Jim and his daughter. Debbie 

was in between jobs. She had been working as an administrative assistant for the 

marketing department of a health insurance company but left to work for the risk 

management department of MeraBank. She felt that that was her stepping stone to 

underwriting. Debbie did not have much of a social life but did spend time with close 

friends each Saturday night. K1989, h.(no page number in between pages 10 and 11). 

In July, 1989, Debbie and Mark's relationship became hostile again. (R.T. 9-17-

90). Debbie found out from Mark that Sandy had gotten married. K1989, h.(no page 

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;y number in between pages 10 and 11). Mark gloated that he had been invited and Debbie 

had not. Debbie was surprised and saddened by the news. Debbie remembers that 

everyone had gone to the wedding but her. She was also surprised to be hearing from 

Mark because he had not been in contact for some time. He acted cold toward her over 

the phone and was rude. Debbie asked him about his sobriety and sensed anger. She 

did not get a direct answer and changed ihe subject. She brought him up to date on Chris. 

She told him about Chris's swimming lessons and his love for pre-school. She offered 

Mark some of Chris's school photographs that depicted Chris on top of and next to a pony. 

Mark stated that he did not know when he planned to see Chris again. Mark asked Debbie 

about changing the custody and visitation issues and Debbie stated that she'd think about 

it. Debbie feared that Mark was using drugs again and did not trust him. The conversation 

) ended abruptly. K1989, h.11. 

Renate recalls that Sandy married Ron Pickenpaugh on August 8, 1989,. (R.J. to 

K.F. 7/12/98). Sandy did not tell Renate about the wedding beforehand. Richard did not 

go to the wedding either, but Maureen did attend. Renate felt that Richard always 

"dispatched" Maureen to those types of events. Sandy and Ron moved to Green River 

Wyoming where Ron's family was from. Ron's family did not approve of him marrying a 

woman who already had a child. Sandy had severe problems with them; and Ron did not 

help with these problems very much, because, according to Renate, he was a "sort of 

redneck." Sandy would have fits of violence and Ron was often physically abused by her. 

(R.J. to K.F. 7/12/98). 

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- ) 

Ron loved Sandy very much and treated Jason like he would his own son. (R.J. to 

K.F. 7/12/98). He provided well for his family. Sandy, however, continued to run into debt 

and Renate and Alex continued to bail her out. Renate and Alex gave Ron and Sandy 

thirty thousand dollars for a house that Sandy "had to have." (R.J. to K.F. 7/12/98). 

During the weekend of July 15, 1989, Debbie and Chris went to Sandy's apartment 

to congratulate her on her marriage. K1989, h.11. Jim, Sandy's friend Dee, and Mark 

were there. There was a large moving van parked outside Sandy's apartment with several 

of Sandy's items inside. Chris was thrilled to see Mark and Jason. Debbie hugged her 

sister and Sandy introduced Debbie to her husband for the first time. Sandy informed 

Debbie that she was moving to Wyoming. Debbie did not understand why Sandy had been 

so secretive but felt that she should not ask too many questions. Instead, she offered to 

help pack the moving van so that she could spend as much time as possible with her 

sister. K1989,h.11. 

While at Sandy's, Mark started an argument with Debbie about custody and 

visitation. Debbie was tiring of Mark bringing the issue up so often and explained again 

why she would not change the decree. K1989, h.(no page number in between pages 11 

and 12). Mark responded by calling Debbie a string of profane names loud enough for the 

others to hear. Debbie felt uncomfortable due to the chilling tone of Mark's voice. He 

stated that he would have to find a new way to get even with Debbie for ruining his life. 

The others overheard this threat. Chris and Debbie said their goodbyes and left. K1989, 

h.(no page number in between pages 11 and 12). 

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tJ Later that month, Debbie again allowed Chris to spend supervised visits with Mark 

1 

with Kevin, Mark's sponsor, supervising. K1989, h.(no page number in between pages 11 

and 12). On one occasion, Debbie dropped Chris off and told Mark that she would be back 

at six o'clock. When she returned, Mark was visibly impaired. There were several people 

at house. Debbie demanded that Mark release Chris to her. She threatened to call the 

police. Mark pushed her out the door into the front yard and an argument ensued. Debbie 

threatened to cause a scene and Mark became obscenely verbally abusive. He grabbed 

her tightly and terror shook through Debbie. K1989, h.p.12. Mark looked at Debbie with 

hatred and evil. Mark stated that it was Debbie's fault that he had to go into rehabilitation 

and that he was sick of her compassion. He stated that he was tired of her 

overprotectiveness toward Christopher and that the custody stipulations were hanging over 

his head. He told Debbie that he would not release Chris until she agreed to change the 

decree. He also demanded that Debbie sign false receipts indicating that Marks had paid 

two hundred dollars per month in child support. Debbie told him that there was no way on 

this earth that she would share custody with him. Chris had come out of the house during 

the argument and began running to his mother. Mark yelled at him to go back into the 

house. Chris started to cry and called out "Mommy, Mommy." Debbie began to cry, as 

well, and pleaded with Mark to let Chris go. Terrified, Chris wet his pants. K1989, h.(no 

page number between 12 & 13). Mark flew into a rage. Mark grabbed Debbie's car keys 

and yelled "Get the hell out of here, you bitch!" He then picked Chris up and went into the 

house. Debbie yelled that she was going to call the police, that Mark was on parole and 

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) 

did not have custody. She headed off on foot to a gas station. She was a block away 

when one of Mark's friends ran towards her, asking her not to call the police and promising 

that Debbie would get Chris back. She responded that she would call the police and did 

not care that Mark was facing a parole violation; she simply wanted her child back. K1989, 

h.(no page number between 12 & 13). 

Debbie and Mark's friend walked back to the house and Mark came outside with 

Chris. K1989, h.(no page number between 12 & 13). He glared at her and made vicious 

threats. He pushed Chris toward her and stated that he would find a way to get Chris back 

even if it meant killing Debbie. He would not give the car keys back, stating that the car's 

title was in his mother's name. He told her to hitchhike home. Debbie picked up 

Christopher and began to run. It was dark outside and late at night and Debbie ran down 

an alley and hid behind a dumpster. K1989, h.13. She and Chris were both crying and 

Chris was shaking and clinging to her for dear life. He begged Debbie to never let anyone 

take him away from her. She held him tight and promised that he was safe with her and 

that she loved him. K1989, h.13. 

Chris and Debbie remained in the alley for fifteen minutes. K1989, h.13. Debbie 

decided to call Jim Styers for a ride since he was aware of her history with Mark. She did 

not want to share her personal problems with her other friends. She and Chris walked 

hand in hand to the gas station on the corner to make the call. While walking, Chris stated 

that he did not want to see his father anymore, nor did he want to speak with him on the 

telephone. Debbie told him that he did not have to. Christopher asked why his father was 

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) so mean and Debbie told him that his father was sick and needed help. During the 

conversation, Chris asked Debbie to buy him a pair of cowboy boots because he wanted 

to kick his dad in the leg if he got mean again. Debbie answered that hitting and kicking 

were not nice but nonetheless promised to buy the boots. K1989, h.(no page number 

between pages 13 &14). 

- l 

Jim arrived to pick them up within ten minutes, which made the time after ten o'clock 

at night. K1989, h.(no page number between pages 13 &14). He took them back to his 

apartment where Chris fell asleep in Debbie's lap and Debbie described the nights events. 

She was visibly shaken and scared and they talked for hours. Jim told Debbie that he was 

worried about she and Chris and offered to let them stay with him in the spare bedroom 

for the night. K1989, h.(no page number between pages 13 &14); (R.T. 10-1-90, p.120-

21). 

The next day, Debbie called in sick to work and she and Jim talked further. K1989, 

h.(no page number between pages 13 &14). Jim offered the spare bedroom to Debbie and 

Chris for as long as she liked. At first Debbie was unsure but then she realized that she 

would be safe around other people. At the time, Debbie and Chris were living with Mark's 

mother, so Debbie accepted the offer. Soon thereafter, in the first week of August, 1989, 

Debbie and Chris moved into the two bedroom apartment and shared one bedroom with 

Chris and Jim's daughter, Wendy. K1989, h.(no page number between pages 13 &14); 

(R.T.10-1-90, p.120-121). 

Living with Jim was only an interim solution until Debbie was at a point where she 

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and Chris could live by themselves close to Debbie's work. (R.J. to Wake 6/27/95). 

Debbie made it clear to Jim that living with him was only temporary and she thanked him 

profusely for his generosity and friendship. K1989, h.p.14. Debbie had already chosen 

a day care center for Chris in the Tempe area. 

Since Mark had Debbie's car, Debbie telephoned Mark's mother and informed her 

that she would no longer make any car payments. K1989, h.p.14. Debbie felt that it was 

now Mark's responsibility. Debbie was still working at MeraBank and Jim took her to work 

every day. He also watched Christopher so that Debbie could save money for a car, 

instead of having to pay for daycare. They split the living expenses, which helped both of 

them. K1989, h.p.14. 

After Debbie had been living with Jim for a few days, Mark began calling and 

harassing her frequently. K1989, h.p.14. He called constantly, making threats and 

demanding to see Christopher. Debbie eventually refused to answer the phone and Jim 

would lie to Mark and tell him that she was not home. Debbie lived in fear; and was afraid 

to go to work since Mark knew where she worked. Jim was instructed to call the police if 

Mark appeared while Debbie was at work. Mark stopped making phone calls and instead 

began coming to Jim's apartment. Christopher still did not want to see his father. 

K1989(page between 14 & 15). 

During August, 1989, MeraBank became insolvent and Debbie was laid off along 

with all of her co-workers. K1989(page between 14 & 15). Debbie found a new job within 

a week and started the last week in August. She felt that the new job, doing computerized 

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=~-) accounting for a health insurance company, was a wonderful opportunity. No one but Jim 

new of the new job. K1989(page between 14 & 15). 

l 

Mark eventually stopped calling and coming to the apartment. K1989(page between 

14 & 15). Sandy, who was in Wyoming with her husband, telephoned Jim a lot. Sandy was 

unhappy that Debbie and Chris were living with him. Sandy was so upset about the living 

arrangements that she refused to speak with Debbie. Debbie's reaction was "OK, Fine. 

Whatever!" K1989(page between 14 & 15). Debbie knew that Jim was hurt that Sandy 

had married another man. He told Debbie that he loved Sandy and felt abandoned. 

K1989, h.p.15. 

Debbie was not aware that Jim suffered from severe psychological problems from 

his years in Vietnam. (R.T. 10-29-90, p.64). While in Vietnam, Jim killed both women and 

children. He was later reassigned to Yuma, Arizona. While in Yuma, he incurred a head 

injury. He was later diagnosed with post-traumatic stress disorder. He was treated with 

numerous prescription drugs and received counseling. (R.T. 10f9-90, p.64). 

In September, 1989, Debbie felt that she was picking up the pieces of her life. 

K1989, h.p.15. Debbie loved her job and Chris was doing well. He loved living at Jim's; 

he liked Jim and Wendy a lot. Chris was also excited about seeing his "other grandma", 

Renate, who was due to arrive in September. The four went to church together and Chris 

attended Sunday school. Jim went to church three times a week and was studying to 

become a minister. All of their neighbors liked Jim. K1989, h.p.15. 

Over the next four months, although the relationship remained platonic, Jim 

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{) became increasingly obsessed with Debbie. He began to address her as "honey" or 

"sweetie". She rebuffed his advances. (R.T. 9-24-90, p. 106). 

) 

In early September, 1989, Mark resumed his phone calls and visits. K1989, h.p.15. 

He demanded to speak with Christopher but Debbie told him that Chris did not want to see 

or speak to him. Mark accused Debbie of filling Chris's head with lies. Debbie denied this. 

Mark made more threats. Jim began to get upset about Mark's behavior and constantly 

asked Debbie why she permitted it. Jim suggested a restraining order. Debbie had not 

thought of that option and obtained one. However, she was concerned about Mark's 

reaction. Jim promised to protect Debbie and Christopher. K1989, h.p.(page between 15 

& 16). Prior to Mark being served with the restraining order, he continued to call. Jim told 

him to leave Debbie and Chris alone. 

About a month after moving into Jim's apartment, Debbie met Roger Scott. (R.T. 

10-2-90, p. 35). Debbie was uncomfortable around Roger and thought that he was 

strange. (R.T. 10-3-90, p.35). Not long after she met him, Roger asked Debbie for a loan 

of a few hundred dollars so he could appeal a denial of his social security disability 

benefits. She said no. (Cited in brief to Exhibit 11, p.10). Specifically, she stated "What 

am I? A Bank?" (R.J. 1999). Renate expressed that both Jim and Roger continuously 

attempted to get money from Debbie - she refused. (R.J. 1999). 

Debbie disliked Roger Scott intensely. (R.J. 1999). She did not like him because 

he got upset about Christopher and Wendy. She made it clear to Jim that she did not want 

Roger around, but had little control over the situation since she worked full-time and Jim 

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1 

stayed at home with the kids. Christopher felt that Roger was mean. (R.J. 1999). Debbie 

never socialized with Roger Scott. On one evening, Debbie asked Jim to pick her up from 

a bar and he was accompanied by Roger Scott. The three stayed at the bar only briefly. 

(D. Ur to Pat). 

Around this time, Debbie met Ernie Sweat while working at the Lincoln Insurance 

Company. (R.J. 1999). Debbie mentioned Ernie several times in letters to her mother. 

She referred to him as intelligent and neat - a breath of fresh air compared to her 

relationship with Mark. Renate never got the impression that Debbie was in love with 

Ernie, although they dated regularly and shared a sexual relationship. Renate felt that 

Debbie liked Ernie for his appearance and ambition. She felt that Ernie liked Debbie for 

her stamina and personal goals. She recalls that Richard and Maureen only met Ernie 

once. (R.J. 1999). 

Renate and Alex came to Arizona to see Debbie on September 15, 1989 .. (R.J. 

to Wake 6/27/95). Debbie told her about the problems with Mark .. K1989, h.p.(page 

between 15 & 16). She showed her mother where she worked and discussed her plan to 

move to Tempe. She showed her the pre-school she had chosen for Christopher, La 

Petite Academy. Renate also met Jim for the first time. . K1989, h.p.(page between 15 

& 16). 

During that time, Jim told Renate that he would take care of Debbie and not to 

interfere in their relationship. (Exhibit 10). Renate had a "frightening sense of uneasiness 

about him" when she met Jim at the apartment but could not bring herself to voice those 

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{) anxieties to Debbie. (R.J. to Wake 6/27/95). Renate was at shocked Debbie's living 

arrangements with Jim. (R.J. chron.). 

During that trip, Renate agreed to finance a Toyota Corolla for Debbie with the 

understanding that Debbie would pay a monthly installment into Renate's bank account. 

(R.J. to Wake 6/27/95). Debbie adhered to the agreement. (R.J. to Wake 6/27/95). 

Debbie needed the car to commute to her workplace in Tempe. Richard recalls that 

Debbie was not aware that Renate paid for the car outright and that she was making 

payments to Renate's bank account rather than to the car financing bank. (Richard Sadeik 

int. with K.F. 1/24/90). Debbie states that she purchased the car. K1989, h.p.16. Sandy 

acted very bitterly about the car, stating that Debbie got her way again. (R.J. chron.). 

Renate explained that the car was not a gift, but a loan. Sandy responded by becoming 

hostile. 

Renate and Alex had lunch with Debbie and Ernie. (R.J. chron.). She did not 

perceive that the relationship contained any serious plans for the future. Debbie seemed 

happy to spend time with an intelligent person. Renate felt that Debbie and Ernie had a 

good relationship but neither intended marriage. (R.J. 1999). In the subsequent weeks, 

Debbie did not mention Ernie to her mother over the phone. (R.J. chron.). Jim did not 

seem to like Debbie's relationship with Ernie at all. (R.J. 1999). 

Debbie told her mother that she enjoyed spending weekends with Ernie but would 

not consider moving in with him because she and Christopher were a package-deal and 

Ernie was not the type for a ready-made family. (R.J. 1999). Notwithstanding, Ernie and 

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) 

: l 

Christopher seemed to have a good relationship. On Ernie's birthday, he came to Debbie's 

apartment to take her to dinner and Christopher jumped up and down with excitement 

about seeing Ernie. (R.J. 1999). According to Richard and Maureen, Debbie was 

considering giving custody of Christopher to Mark because Ernie did not want children and 

was career-oriented. (Richard Sadeik int. with K.F. 1/24/90). In a telephone call between 

Debbie and Richard, she stated "I've had it" when Mark's parents took the car away from 

her. (Richard Sadeik int. with K.F. 1/24/90). They felt that Debbie was in love with Ernie 

and felt that Chris was in the way. (Richard Sadeik int. with K.F. 1/24/90). They stated that 

they would have gotten into a foster care plan and take Christopher. (Richard Sadeik int. 

with K.F. 1/24/90). Richard also told Debbie that he would disown her if she gave 

Christopher to Mark. Debbie stayed away from the Sadeik home for three months after 

that statement, and did not see her father again until his birthday on November 3, 1989. 

While in the United States, Renate and Alex traveled to Wyoming to visit Sandy. 

(R.J. chron.). During one conversation, Alex calmly reminded Sandy of each time that 

Renate and Alex came to her aid. Sandy responded that they could have said no, they 

could have been better grandparents, but that Renate was a pushover. Renate was hurt, 

but because she was a guest in Sandy's home, she did not express her anger. Alex, who 

intended to stay for the entire trip, instead left the following day because he could not stand 

Sandy's brazenness. Renate did not tell Sandy the true reason why Alex left early. 

Instead, she told her that business called him back to Europe. (R.J. chron.). 

During the last week of September, 1989, Debbie was filling out her employee 

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benefits package at Jim's apartment. K1989, h.(no page number between pages 17 & 18). 

It was due on September 29, thirty days after the commencement of employment. Jim was 

present and began asking about Debbie's job. Because Debbie worked for an insurance 

company, she was able to describe her job to Jim using her benefits manual. Debbie did 

not feel that Jim's questions were suspicious. She did not share information about her life 

insurance policy on Christopher with Jim. K1989, h.(no page number between pages 17 

& 18). 

Around that time, Christopher was asking to see his father. K1989, h.p.16. Debbie 

was torn. The restraining order had not yet been served. Chris's fourth birthday was on 

October 2 and Mark's family wanted to spend time with him. Jim, along with everyone 

else, thought Debbie was insane for considering allowing Mark see Christopher. Debbie 

asked Chris why he wanted to see his father and he said "because he's my daddy." 

Debbie could not bring herself to deny Chris his father. K1989, h.p.16. 

Debbie made arrangements with Mark's mother for Christopher to spend the day 

of October 1 at her home. K1989, h.p.16. Mark would be there. Debbie gave 

instructions about the level of supervision that she demanded and threatened to call the 

police if these provisions were ignored. Mark promised to have Christopher home by 

six o'clock in the evening. Debbie wanted to, but did not telephone the Milke residence 

during the visit. K1989, h.p.16. 

Jim and Debbie argued over her decision to let Mark see Christopher. K1989, 

h.p.16. Jim referred to Mark as a "worthless piece of shit" and stated that Mark did not 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 97 of 185
) deserve to see Christopher. Debbie responded that Chris loved his father and that 

Mark was Chris's father, and that because she loved her son, he would see his father. 

K1989, h.p.16. 

- 1 

I 

Six o'clock on the day of the visit-came and went. K1989, h.p.17. Debbie 

telephoned Mark's mother and was told that Mark and Chris had left awhile before. At 

eight o'clock, the two finally arrived. Chris was overjoyed and had armfuls of presents. 

He went inside to show his gifts to Jim. Debbie remained outside with Mark. Mark was 

high on cocaine and Debbie swore at him. He stated that he was perfectly capable of 

doing cocaine and watching his son at the same time. Debbie was furious and told 

Mark to leave. Jim heard the arguing and he came outside and asked Mark to leave. 

They argued for a few minutes and then Mark left. Debbie thinks that this is when Jim 

began to formulate his plans to murder Christopher. K1989, h.p.17. 

While Debbie and Chris were staying with him, Jim complained to neighbors about 

having to discipline Christopher and that Chris was a problem. (R.T.1-30-91, p.37, R.T.1-

29-91, p. 50). At Chris's fourth birthday party, Jim told him to stop playing with a truck. 

When Chris refused, Jim stated "I wish he were dead." (R.T. 1-29-91, p.27). Debbie was 

unaware of Jim's feelings about Christopher and regularly entrusted Chris in Jim's care. 

Roger Scott also voiced dislike for Christopher. (Exhibit 5). Debbie saw Roger Scott for 

the last time in October. (D. Ltr to Pat). 

On October 2, 1989, Chris's birthday, Debbie bought Christopher many presents 

and allowed him to make his own birthday cake. K1989, h.(no page number between 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 98 of 185
) 

J 

pages 17 & 18). Both of them licked the bowls and mixers. Debbie also bought Wendy 

a gift so that she would not feel left out. She was almost two years old at the time. K1989, 

h.p.18. 

Debbie helped potty train Wendy since the experience was frustrating for Jim. 

K1989, h.p.18. Wendy often followed Debbie around and clung to her. Wendy's mother 

did not visit often and Debbie felt sad for Wendy. Debbie often purchased clothing for 

Wendy while she was shopping for Christopher. She tried to keep her distance from 

Wendy, too, so that she would not think that Debbie was her mother. Christopher acted 

jealous at times because of the attention that Wendy demanded. Jim commented often 

that he loved to see Wendy reach out to Debbie and that he wished that Debbie was 

Wendy's mother. K1989, h.p.18. 

On Christopher's birthday, Renate spoke with Debbie via telephone. (R.J. chron.). 

Debbie expressed that everything was going according to plan regarding a new apartment, 

day care for Chris and the decision to keep Chris from Mark as much as possible. Debbie 

told Renate that after every visit with Mark, Chris would be very upset; he would use foul 

language and would be mean to his friends. Chris stated that his father had told him to be 

mean because he was "Conan, the Invincible." 

On October 11, 1989, Debbie was told by the court that the restraining order had 

been served and that Mark was requesting a hearing. K1989, h.p.18. The hearing was 

scheduled for October 24, 1989 and Debbie was told that if she did not attend the 

hearing, the restraining order would became invalid. Debbie was anxious because she 

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. ) 

knew Mark was angry. She was also anxious about taking time off from her new job. 

She new that entailed bringing her personal problems into work and that upset her. But 

she explained the situation to her boss and was excused for the hearing. K1989, 

h.p.18. Debbie went home and cried to Jim. K1989, h.p.(no page number after page 

18). She was upset about the hearing and was afraid of Mark. She considered just 

letting the restraining order drop but Jim said no way. K1989, h.p.18. 

On November 3, 1989, Jim, Debbie and Christopher went to the Sadeik home in 

Florence to celebrate Richard's birthday. (Richard Sadeik int. with K.F. 1/24/90). Both Jim 

and Debbie shot one of Richard's guns. (Richard Sadeik int. with K.F. 1/24/90). On 

Thanksgiving Day, the three again went to Richard's house where Jim and Debbie shot the 

gun again. (Richard Sadeik int. with K.F. 1/24/90). 

On November 11, 1989, Jason's birthday, Renate telephoned Sandy in Wyoming. 

(R.J. chron.). During that conversation, Sandy hinted at things they wanted for Christmas. 

According to Renate, she and Alex and Renate's parents enjoyed sending gifts for just 

about every occasion. Renate and her mother would spend hours on the phone 

determining what they would sent. Their limits were not monetary but were based upon 

weight limits and custom's limitations. According to Renate, Renate's mother would rather 

do without than deprive Sandy and Debbie, or their children, of something. Renate was 

ashamed of the demands that Debbie and Sandy made. (R.J. chron.). 

Debbie also telephoned the Pickenpaugh home on Jason's birthday. (D. Ur to Pat). 

During that day, Jim had borrowed Debbie's car to run some errands. Debbie was on the 

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1 

phone with Jason when Jim returned. After she hung up, Jim told her he had something 

to show her. The kids were napping and Jim escorted Debbie into his room where he 

emptied a brown paper bag that contained a gun and two boxes of bullets. The gun was 

in a holster. Debbie was shocked and uncomfortable. She asked him why he bought the 

gun and he stated that he had always wanted one for recreational purposes and thought 

that he needed one since Mark was constantly making threats against Debbie. Debbie did 

not like the idea of having a gun in the apartment but acknowledged that it was Jim's 

apartment and there was not much she could do about it. She did say that he must keep 

the gun out of sight and out of reach of the children. She did not want Christopher to know 

about the guns because he was at an age where guns were considered toys. Jim agreed 

and showed Debbie the shelf, in the back of his closet, where he would keep the gun. 

Debbie was unaware that Jim owned other guns. (D. Ltr to Pat). Debbie later called her 

mother in Switzerland, very upset about the gun. (R.J. 1999). 

On December 2, 1989, while Jim and Christopher were out, Debbie stayed at home 

to do housework. (R.J. 1999). She was sitting on the couch folding clothes when she felt 

something hard between the seat cushions. She discovered a box of bullets, full count. 

She felt she had to confront Jim as soon as she saw him, and put the box in her purse 

thinking that a safe place. (R.J. 1999). Later that day, Debbie found out that Christopher 

had been murdered. 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 101 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 102 of 185
FROM 

Dr. David A. Biegen 

Clinical and Forensic Psychology 

Arrowhead Medical Plaza II 

18700 No1th 64th Drive, Suite 106 

Glendale, AZ 85308 

(623) 825-0500 

June 6, 2002 

Kimerer & Derrick, P.C. 

Lori L. Voepel, Attorney at Law 

221 East Indianola Avenue 

Phoenix, AZ 85012 

FAX NO. 

RE: State of Arizona v. Debra Jean Milke 

CR 89-12631 

Dear Ms. Voepel: 

Jun. 13 2001 11:35AM Pl 

Thank you for the opportunity to review the copious materials involving the case of your client, 

Debra Jean Milke. As per our conversation, while reviewing a!l of Llte material~ to be 

enumerated below, I concentrated on the social history of the Milke family prepared by Tucson 

attorney, Liz Tyzco, the trial testimony and affidavit of Debra's father, Richard Sadcik (now 

deceased), the trial testimony of Debra's sister, Sandra Pickenpaugh, and Sandra Pickenpaugh's 

pretrial interview by Detective Saldatc, which was recorded by Sandra with no anorneys present. 

l attempted to focus on the psychological impact and meanings of the events and the issue of 

Debra's father and sister testifying against her. In rendering my opinions, I will attcrnpl lo do 

something mental health professionals, including myself, sometimes fail to do: that is, be brief 

and stay on point. 

COLLATERAL INFORMATION 

In the preparation of my opinions and report I had an opportunity to review lhe following data: 

l. A social history of the Milke family prepared by Tucson attorney, Liz Tyzco, 

2. Trial testimony of Debra's father, Richard Sadcik (now deceased), 

3. Trial testimony of Debra's stepmother, Maureen Sadeik, 

4. Trial testimony of Ernie Sweat, the man Debra was dating regularly until just prior to her 

son's, Christopher, death. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 103 of 185
FROM FAX NO. 

Lori L. Voepel, Attorney at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 2 ... 

5. Trial testimony of Debra's sister, Sandra Pickenpaugh, 

Jun. 13 2001 11:35AM P2 

6. Sandra Pickenpaugh's pretrial interview by Detective Saldate (Sandra recorded the 

interview; no attorneys were present). 

7. Post trial statements of and conversations with Sandra Pickenpaugh, documented in an 

affidavit by Anders Rosenquist (Debra's prior habeas appeals attorney), a signed 

statement by Barbel Jacks (a member of the German media), and Kirk Fowler (an 

investigator working with Anders and trail counsel), 

8. Affidavit of Debra's mother, Renate Janka, 

9. Affidavit of Debra's stepfather, Alex Janka, 

10. Affidavit of Dr. Kevin Zuerlein, who treated Christopher for Thyroiditis the year before 

Chris' death. 

OPINIONS 

I. In my opinion, to a reasonable degree of psychological certainty, the family's social 

history is highly likely to have contributed to the fact that both Debra's father and sister 

testified against her and then altered their position post-trial. Fm1her, l think it is highly 

likely that Debra's sister was panicularly vulnerable, impressionable, and easily 

pressured by Detective Saldate who, despite his protestations to the contrary, seemed to 

me so eager to convict Debra that he could barely contain his enthusiasm leaning on, 

traipsing over, and stomping, i r not legal, then certainly ethical boundaries in his 

interviews. 

2. In my opinion, to a reasonable degree of psychological certainty, Debra's father, Richard 

Sadeik, was as much a vktim of his own chronic alcoholism, which was never treated, or 

as far as we know, diminished, his relatively absolute and ongoing belief in the truth of 

the armed services, and his unnagging conviction that personnel in law enforcement and 

corrections would never misstate facts. In his affidavit, he almost used those exact words 

to describe his apparent agreement with and extreme cooperation with the position and 

questions of Detective Saldate so revealing the truth of his motivation .. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 104 of 185
FROM FAX NO, 

Lori L. Voepel, Attorney at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 3 ... 

DATA AND REASONING 

I. Debra's sister, Sandra Pickenpaugh 

Jun. 13 2001 11:36AM P3 

The data and facts to understand her apparent shift in testimony and in general to 

ambivalence about whether to love or hate her sister, Debra, comes from several sources. 

First is from the social history prepared by Liz Tyzco. The second and blended with that 

social history are the psychological facts and understandings rhat can be gleaned of her 

personality, make-up, attirudes and behaviors and her interacting with the family and 

particularly when she arrived at adulthood without having achieved acceptance, and third, 

the rather blatant and hostile environment replete with multiple pressures applied on this 

sister by Detective Saldate in his "interview" of June 30, 1990. 

On or about October 1971, father's Air Force assignment was Luke Air Force Base in 

Glendale, AZ. Family moved there, however, they discovered that the neighborhood 

where they lived was nor as safe as they had anticipated. They therefore sold their home 

to move to a safer area with mother's family financing the move. Once they did move, 

however, mother reports noticing a change in Sandy's demeanor. Sandi is by now 5 

years of age. The mother repo11ed that both girls knew about the dire finances and 

friction between mother and father, Debra, as the older, was entrnsted with making sure 

the household rules were followed. According to mother, Sandy's animosity toward 

Debra became apparent. She was resentful and lashed out at everyone. Father 

disciplined Sandi by beating her with a belt and mother disciplined Sandi who had stolen 

money from her wallet. In addition, the problems were beginning outside the home as 

the school contacted the family about Sandy's disciplinary problems. Incidentally, Debra 

was apparently never or rarely in trouble. The family's move did not seem to help Sandy. 

She continued to refuse to do her chores and often reportedly, Debra would do them for 

her. Sandy's stealing continued. According to repol1s, afrer the father left for assignment 

in Saudi Arabia in 1977. described Debbie as quite popular, a good studcm and making a 

very pleasam appearance. She was also described as quite naive and she would not 

he Ii eve that anyone could be mean or try to hu11 her. In contrast, sister Sandy, was often 

sick with bronchial ailments. Life with her was described as an emotional roller coaster 

and Sandy's relationship with Debbie was as well. There were obvious elements of 

mixed feelings referred to as "ambivalence." Though mother and father separated, the 

girls remained in the same high school. Their rivalry continued. Apparently Sandi felt 

she could not live up to Debbie's achievements. Debbie was described as brighter, more 

popular, prenier and successful. When father remarried Debbie and Sandi felt rejected by 

their father and were quite hurt. He further alienated the girls by telling them lies about 

the break-up between the parents, blaming it entirely on their mother. Sandi was easily 

angered and was noted to associate with kids that no one else seemed to want to deal 

with. Mother received a job re<Juiring her 10 be in Germany on or abom March of 1983. 

By that time Debhie was 19 and Sandi was 16. Especially in light of mother's absence, 

Dehbie apparently felt that she had to look after Sandi who did not want to have any 

thing to do with her older sister. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 105 of 185
FROM FAX NO, 

Lori L. Voepel, Attorney at Law 

State of Ari;',ona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page4 ... 

Jun. 13 2001 11:36AM P4 

The girls' relationship actually worsened after mother left. In 1984, Sandi wrote to her 

mother how bad things were for her living with her natural father and stepmother. She 

expressed feelings of inadequacy and that having the stepmother's daughter there made 

her feel even more like an outcast. This is a repetition of her reaction to Debra while they 

were living in ostensibly in an intact family. In 1985, when Sandi announced that she 

was pregnant and the family felt all of this was scandalous, Debra felt that despite the 

illegitimacy of the pregnancy, her family was treating Sandi unfairly. Even then, Sandi's 

competitiveness with Debra showed through. If Debra could have a baby, why couldn't 

Sandy? Why isn't she likewise entitled to her own will and control? Perhaps the 

decision to keep the baby may have been one measure of the desperateness of her need to 

validate herself because apparently whatever she was, it was never enough, whatever she 

did was insufficient, and whatever she wanted was more than she was entitled. She even 

goes through an ugly paternity suit with Mr. Jeff Martin. So apparently her own body 

was not her province, which unfortunately reinforced all the bad feelings she already had. 

She remained optimisric and in a letter to her mother in 1986, wrote that she believed that 

she and her baby would merge somehow but. also told her mother she and her father were 

the main pains in her life, yet in spite of that she would rise beyond that and bond 

successfully with her own baby. This is ambivalent that as both feelings at the same 

time though they each be contradictory. lt seems like success rarely, if ever, came on 

Sandy's own terms. Perhaps this is why Sandi spoke with the media three times. It 

always had to be against someone else, triumphing over some kind of adversity to which 

she was subjected. Unlike Debbie, which in Sandy's eyes meant success just by being 

alive. It was a formula that Sandi apparently never could master. Often Sandi tried to 

work but ended in her quitting or gelling fired. Sandi often blamed her problems 

elsewhere. Debra, she thought, was always the perfect one. At that point, Sandi may 

have felt 'Debbie can have a baby with a confirmed drug addict and she still comes om 

smelling like a rose. Meanwhile, 1, Sandy, can't buy my way into anyone's hea1t.' At 

that point, 1987, Sandi decides to go to nursing school and Debra and Sandi live together 

for several months, but apparently the relationship never improved. Among all their 

differences, it appeared that their ways of disciplining children likewise had no point of 

coincidence. Sandra used hard language and would spank, while Debra would use timeouts and explanations. Sandra's child, Jason, had behavioral problems and Debra 

allrihmed them to his hearing impediment and his often being sick. In contrast, Debra's 

son. Christopher, was very bright and learned to speak quickly. Debra believed that 

Sandra was jealous because of these differences. Knowing what I've leamed about the 

family, this became one more issue over which Sandra resented Debra and everything 

Debra could do well. Also, it's reponed that when friends of Sandy's would come to 

visit, they would get romantically interested in Debra. This could only have poured more 

salt on the wounds. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 106 of 185
FROM FAX NO. 

Lori L. Voepcl, Attorney at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 5 ... 

Jun. 13 2001 11:37AM PS 

On or about November 1987, Sandi sent a letter to her natural mother who reported that it 

contained the extent of her financial crises, which was severe, including bad credit, 

unpaid bills, and bad checks. This parent said Sandi expressed herself loathing. In the 

letter Sandi asked mother not to think of her as a failure and stated that she would do 

anything to prove herself worthy of the admiration that mother felt for Debbie. This is 

part of Sandy's difficulties. She was locked in her own personality, her own character, 

her own person and it was the wrong character, the wrong personality, and the losing 

person. Pathetically, any success Debra had or even a success Sandra believed Debra 

had, rubbed more salt in Sandy's wounds. 

The most potent rage contained, nurtured and concealed by Sandi reached the surface 

with the death of Christopher and the accusation of Debra as responsible. Here, almost 

hand-delivered to her was the first opportunity to excel, exceed and step over her sister. 

Throughout her life, Sandi was invested in a love-hate relationship with her sister. She 

was desperate to be admired by mother the way she perceived Debra to be favored by this 

parent. She had an impoverished sense of self-esteem and apparently had never felt like 

she belonged anywhere. This is a psychological description of a person chronically 

depressed. Unfortunately, she was reminded of that rotten feeling and deflated selfesteem every time she encountered a situation in life that she did not handle well, and 

every time Debra succeeded in something, anything. As it was to be revealed in Sandy's 

affidavit after the trial she did not believe Debra capable of the crime of which she was 

accused. This suggests 10 me that Sandy's contempt for Debra was accompanied by a 

wish to be more like her and that once there was relief in the neurotic sense of Debra 

encountering a major obstacle in her own life, Sandi was then freed to express the other 

part of her ambivalence which was the enormous envy of her sister, but in a more healthy 

way. Once also removed from the pressure and her own neurotic vulnerability, which in 

my opinion, was relied upon and in some sense, abused by Detective Saldate, Sandi was 

able 10 describe her feelings about the situation so Jong as that detective was no longer 

pressuring or bullying her. 

By the time Sandi is interviewed hy Detective Saldate on June 30, 1990, we see that from 

a psychological standpoint, Sandi felt like the 'had sister', the disappointment, the 

daughter entitled to nothing good, who despite her efforts to the contrary, could make no 

one happy, feel comforted by her presence, not even her own son. She was seven months 

pregnant, living in Colorado and Detective Saldale tries to make anangements to sec her. 

She resists. Eventually, he pressures her by stating he will be there on a certain date 

because his wish was to get what he wanted and not pay any atlention to what Sandi 

might have wanted. She is seven months pregnant and he threatens her with the 

possibility of inducing labor as if what he had to do was more important than life itself. 

Throughout the interview, in my opinion, he relied on and exploited every neurotic 

weakness Sandi had. He encouraged her lo describe everything negative about Debra, 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 107 of 185
FROM FAX ND. 

Lori L. Voepel, Attorney at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 6 ... 

Jun. 13 2001 11:37AM P6 

not giving any concern to whether or not he was facilitating the neurotic ramblings of an 

ambivalent woman who on top of all of this was expecting a child, who had no attorney 

present and who was recording the interview, or not, in slipshod and haphazard fashion. 

In my opinion, what that interview demonstrated, is how vulnerable, impressionable, 

frighrened, and alone Sandi felt. Her thoughts about Debra became the e)(cuse and the 

billboard against which all of this was portrayed. Further, Sandra portrays herself as a 

giving, available, loving sister who despite feeling pur upon in the family, was available 

to help Debra any way she could without any due concern for herself. This, J would 

suggest, was a "wish list," not her reality at the time. 

In my opinion, to a reasonable degree of psychological certainty, Sandy's testimony 

regarding Debbie changed because it is the nature of neurotic problems, including 

chronic depressive disorders, to contain ambivalence in rhem. That is, they cc,ntain 

mixtures of apparent contradictory feelings such as love and hate, respect and contempt, 

devotion and censorship, all at the same time. Place a person such that under what they 

experience as inordinate pressure, especially when they are high vulnerable and the 

results will follow one side of the ambivalence or the ocher. I believe, therefore, that 

Sandy's testimony changes because she secs herself as changeable and that both sides of 

the emotion apply equally w_ell to her feelings about herself as well as Debra and were 

exploited. 

Certain of Sandy's comments 10 Detective Saldate were encouraged, reinforced and 

pushed at by the detecrive in his questioning. It appears to me that he cleverly realized 

that setting the stage for Sandi and encouraging her to say what he intuited with her 

mixed feelings abom her sister would in fact encourage her 10 say things damning ahout 

her sister. Sandi said "Debbie did real well until mother left. After thar for some reason, 

Debbie had this vendetta against her mother." (p7) It was Sandy, not Debbie, who was 

desperate for mother's approval and when mother left the country, it was Sandy, not 

Debbie, who felt lost of the opportunity to ingratiate herself and win the admiration of 

rhis parent. 

Sandi said "I guess if they (our parents) expected anyhody, it would be me they expected 

to bring some guy home because I was always the rebellious one, you know. I was very, 

very independent and Debbie was very, very conformed to what people told her to do she 

would do." In point of fact, Sandi was not independent, she was for much of her life, 

relatively aimless and stc,od alone and isolared because it was not clear to her how to fit 

in and how to conform with people. Debbie apparently never had to conform to people 

because people were eager to conform to her. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 108 of 185
FROM FAX NO. 

Lori L. Voepel, Anomey at Law 

Stute of Arizona v. Debra Jean Milke/CR 89-1263 J 

June 6, 2002 

Page 7 ... 

Jun. 13 2001 11:38AM P7 

Sandi further said, "Debbie didn't have any friends. The only time she called people was 

when she needed something. Very materialistic, very selfish, self-centered, very vain and 

conceited." (plO) According to the data this describes Sandy's misbehavior much more 

appropriately than Debra's. "She'd (Debra) would be gone for two weeks and then pop 

up with a new boy friend." That was not at all consistent with the other descriptions of 

Debbie's social behavior. Sandi then continues describing Debbie with her son, 

Christopher, dealing with him as a pain in the neck and casting him off for boy friend 

dalliances." This is also inconsistent with a woman who is desclibed as using time-,,uts 

and explanations as ways of disciplining her child in contrast, of course, to Sandy. 

Detective Saldate begins to encourage Sandi playing on her contempt and envy of Debra. 

He set her up with the words "they would say, well, Sandi must really hate her sister." 

Any one who spends five minutes with Sandi or had the opportunity to read all of these 

data would recognize immediately that one of things Sandi did not openly express with 

any kind of eagerness was the contempt for her sister. Here, Detective Saldate makes it 

okay to express this feeling, however, Sandi of course denies this blatant content 

contempt of her sister. He switches che subject to Debra receiving psychological tests to 

which Sandi offers "there's not a single thing wrong with that girl, it's been an act for 

years. She (Debbie) has perfected ii. She is a master." The detective cleverly says "a 

master at deception." And then, the tape goes blank and we have no idea of the rest or 

that confrontation and manipulation. 

It is also not surprising Sandi revealed her persecuti<.m and condemnation of Debra after 

the trial. Her envy and contempt of Debra motivated and drove her. However, post trial 

she was left feeling as empty and conflicted as throughout her life because the relief she 

thought she might feel never happened. Tl didn't happen because Debra was never the 

problem. Sandi has always been her own problem. Debra's tragic trial verdict was ofno 

help to Sandi in coming to terms with her own demons. Post trial, Sandi could speak and 

reflect with a softer and gentler heart. 

11. The impact and relationship with the father, Mr. Richard Sadeik. 

This parent is described as a chronic alcoholic. As far as the records reveal, he was never 

treated and in fact, never showed any interest in being treated For the addiction. He was 

described, on at least one occasion as stopping at a bar for some drinks with the "boys" 

on the way home from work and then once arriving ac home, would drink a fifth of hard 

liquor. One could then imagine that the quality or his presence in the family was at best, 

questionable. It was surprising, therefore, that in his daughter, Sandy's account, this 

father is desc1ibed as being available to the family. No one else described him this way. 

Furthermore and additionally, exerting a dysfunctional aspect of this family in addition to 

his drinking was the fact that he involved the girls in the fights of the parents. He did this 

by being loud and apparently not particularly caring whether or not the girls 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 109 of 185
FROM FAX NO. 

Lori L. Voepel, Attorney at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 8 ... 

Jun. 13 2001 11:38AM PB 

overheard 1hat he and rheir mother yelled al each other. On occasion, again showing 1he 

ambivalence I described in summarizing Sandy's difficulties, he referred to mother 

"know nothing Kraut." And at 01her times he said to her that he was very proud of her as 

the prettiest woman on the base. This kind or mixed feelings of almost sadistic but 

totally insulting and angry hostility mixed with the kind of narcissistic omniscient 

worship is characteristic of primitive personalities and I believe describes this parent very 

well. He believed that not only being a member of the armed forces but being a member 

of the Correctional and Law Enforcement Community, carried with it a special bond. 

That bond meant that one did not distort the truth. This is, of course, in the face of many 

of his statements, which were obviously riddled with his own blind prejudice and hate. 

As he was to confide in the post-trial affidavit, he believed everything Detective Saldate 

told him because they were both member of the law enforcement community and of 

course, would never lie or distort the truth. Obviously, they both did. In the trial 

transcript this parent credited himself with being available to the girls. According to 

Debra, in particular, but somewhat to Sandi as well, this parent was not available. 

According to the mother he couldn't have been available because of alcoholism. He may 

have credited himself with being present in the home but through the alcoholism he 

certainly wasn't aware of what was going on, especially for the girls. Al one point when 

he was out of work mother connections on the base involved members of the German air 

force who were officers. The father absolutely refused to accept even suggestions from 

them for employment and I think partially because of his envy of their officer status and 

secondly, che shame and humiliation of being in the position where he needed some help. 

How things appeared to others was apparently more important to him than how they trnly 

were. He acted as if he believed it were true that one swallow did in fact make a summer. 

The girls' mother took pride in education and from her own history we learned that heing 

bilingual acrnally helped her get out of the environment. Tt was natural, then that she 

wanted the girls to be bilingual forbade it. There is no explanation, there is no rationale, 

there is no reasoning and I suspect this wa.~ the case with this gentleman all along. IL was 

his way or the highway. The father wanted other people apparently to think of him as 

being capable, competent and a good provider, even if he wasn't. It is not surprising, 

then thar father turned on .Debbie with his trial testimony and then later recanted. The 

father's sense of disappointment in himself and frustration with his lack of productivity 

was expressed in his sarcasm and contempt in the fighting between and his wife. The 

girls, incidentally, were subjected co this and added clearly 10 the dysfunctional nature or 

this family. The mother, in response, would learn lo keep problems inside herself and the 

girls observed this, learning how to hide feelings which each then probably misused as 

they went through their lives. In fact, it's not really dear where father's loyalties did lie. 

For example, he told his ex-wife that he did not love the lady who was to become his next 

wife, that she was, in fact, a cow but that he would have been stupid to let her and her 

money get away. This is hardly the kind of sincerity or clarity of thought and reasoning 

we would expect young people to learn. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 110 of 185
FROM FAX NO. 

Lori L. Voepel, Auomey at Law 

State of Arizona v. Debra Jean Milke/CR 89-12631 

June 6, 2002 

Page 9 ... 

Jun. 13 2001 11:39AM P9 

I believe it was, therefore, entirely within reason to observe father chunge his attitude 

between his trial restimony and his later post-trial affidavit regarding Debra. In fact, 

throughout much of this family's history there was an absence of consistency, of 

adhesion to the truth and to reliability and sensibility of discipline. 

Thank you for the opportunity to assist you in this mauer. If I might be of further assistance to 

you please do nor hesi rate to call on me. 

Sincerely, 

D~ai~~~f~r 

Licensed Psychologist 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 111 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 112 of 185
Michael D. Kimerer, #002492 

Lori L. Voepel, #015342 

Kimerer & Derrick, P.C. 

221 East Indianola Avenue 

Phoenix, Arizona 85012 

Telephone: 602/279-5900 

Facsimile: 602/264-5566 

Attorneys for Petitioner 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

DEBRA JEAN MILKE, ) No. CV-98-0060-PHX-RCB 

) 

Petitioner, ) 

) 

v. ) 

) AFFIDAVIT 

TERRY STEWART, et al., 

Respondent. 

My name is Renate Janka. I am over the age of eighteen 

years and have personal knowledge, which forms the basis for 

this affidavit. I have never been convicted of a felony and I 

am competent to make this affidavit. If I was called to 

testify, under the penalty of perjury, I would testify to the 

following: 

1. I a.m the mother of Debra Jean Milke, the petitioner 

and defendant in this case. I live in Emmet ten, 

Switzerland with my husband, Alex Janka. 

2. I was previously married to Richard Sadeik. I had 

two children with him, Debra and Sandra. I 

1 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 113 of 185
subsequently divorced Richard Sadeik a_nd married Alex 

Janka. 

3. My only personal meeting with Detective Sal date was 

on the day of my grandson, 

funeral on December 7, 1989. 

Christopher Milke's, 

4. After the funeral, I asked to be taken to the Police 

headquarters to meet with Detective Saldate and 

discuss what had happened to my daughter, 

Milke. 

Debra 

5. Detective Saldate appeared cordial at first, but when 

I started asking questions he quickly tried to 

control me psychologically. 

6. He made remarks such a_s, "She is guilty as hell," "I 

will make sure she will roast," "She will never see 

the light of day again," and "Ma'm you'd do better by 

returning to where you came from and fast." 

7. During the meeting, I asked him if I could see the 

confession. He said that he was done with me and 

"you are wasting my time." 

8. I then asked him for the name of the defense counsel, 

which he provided. During the remaining days that I 

was in the United States, I tried to contact Ken Ray 

to no avail. Mr. Ray never returned my calls and 

never attempted to call me as a witness. 

2 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 114 of 185
9. Detective Saldate also went to visit my daughter 

Sandra in Wyoming while she was seven months 

pregnant. Sandra then called me and told me that 

Saldate had put her under extreme duress. Sandra 

told me that Saldate had pressured her into calling 

me to induce me into being a witness for the State. 

Sandra seemed very agitated and fearful of Saldate. 

AFFIANT FURTHER SAYETH NAUGHT. 

Country ,5/,J / / Z { l? / () 

SUBSCRIBED AND SWORN to before this 

, 2002. ---

Notary Public 

My Commission Expires: 

Beglaubigung: 

-7· ,/.,, 

,.. ,_·,-:: _, __ , 

___ day of 

Die unterzeichnete Urkundsperson bescheinigt hiermit, dass die ihr personlich bekannte 

Frau Renata Sigrid Janka-Seiler, geb. 21.11.1942, amerikanische 

Staatsangehorige, verheiratet mit Janka, Alexander, wohnhaft 

in CH-6376 Emmetten, St. Annaweg 13 

die oben angebrachte Unterschrift als ihre eigene Unterschrift anerkannt hat. 

CH-6376 Emmetten, 13. Mai 2002 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 115 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 116 of 185
MAY.13.2002 3:32PM KIMERER & LAVELLE N0.645 P.2/5 

Michael o. Kimerer, #002492 

Lo~i L, Voepel, #015342 

Kimerer & Derrick, F.C. 

221 East Indianola Avenue 

Phoenix, Arizona 85012 

Telephone: 602/279-5900 

Facsimile: 602/264-5566 

Attorneys for Petitioner 

IN THE UNITED STATES PISTRICT COURT 

PISTRICT OF ARIZONA 

DEBRA Jl'1AN MILKE, ) No. CV-98-0060-PHX-RCB 

) 

Petitioner, ) 

) 

v. ) 

) AFFIDAVIT # j_ 

TERRY STEWART, et al., ) 

) 

Respondent. ) 

) 

My name is KIRK FOWLER, I am over the age of eighteen 

years and have person11l knowledge, which forms the basis for 

this affidavit. I have never been convicted of a felony and l 

am competent to make this affidavit. lf I was called to 

testify, under penalty of perjury, I would testify to the 

following: 

1. I work full time as a private investigator, I was 

licensed to practice in the State of Arizona in 1987, 

The majority of my work is in the area of criminal 

law. 

l 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 117 of 185
MAY.13.2002 3:32PM KIMERER & LAVELLE N0.645 P.3/5 

2. My training and experience are set out in the herein 

attached resume, which I incorporate as a part of my 

atfidavit. 

3, I have investigated over a hundred serious criminal 

felony cases for the defense. 

4. I have investigated at least 10 death penalty cases 

for the defense, 

5. l was the original court appointed investigator for 

the defense in this case. I was the only investigator 

working on this case, I worked as the investigator in 

this case from its beginning until sentencing, 

6. During my investigation of this case I spent a great 

deal of time with Debra Milke. I was able to observe 

her and became familiar with her personality traits 

and characteristics. I found her to l:>e honest and 

forthright. When I visited her in jail she cooperated 

with me fully, however, during my visits she would 

break down and cry, when the discussion focused on her 

murdered son. She never lied to me or tried to 

deceive me. 

lost child, 

lt was obvious she was grieving for her 

7. I was present throughout the trial. When Debra 

testified I was surprised by her flat affect, odd 

demeanor, and confused answers. While testifying, she 

2 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 118 of 185
MAY.13.2002 3:32PM KIMERER & LAVELLE N0.645 P.4/5 

did not show any emotion. She appeared disjointed in 

her thought process when answering q,;estions and was 

clearly confused. This was not consistent with how I 

knew her to be after months of close observation of 

her. Yet, when recesses were taken, and she was 

placed alone in the holding cell, she would break down 

and cry profusely. 

8. l confronted her with my surprise at her behavior, and 

the reasons for it. She responded that she could not 

allow herself to break down or to show her feelings in 

public. She told me that she was terrified that if 

she did not totally control her emotions and even let 

go a little, she would break down and not ever be able 

to regain control, 

9. I have read attorney Kenneth Ray's affidavit, the 

attorney who represented Debra Milke during the trial 

phase of the case. I agree with the statements made 

by him in the affidavit that .r:elate to the 

investigation of the case. 

10. It is my position and opinion that I did not have the 

necessary latitude to investigate this case the way it 

should have been investigated and the way I wanted to 

investigate it. I did not have the necessary latitude 

to investigate this case properly, because of 

3 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 119 of 185
MAY.13.2002 3•32PM KIMERER & LAVELLE N0.645 P.515 

financial and time restraints placed on me by the 

court. 

11, I worked with Mr. Rosenquist, Debra Mil.ke's initial 

habeas corpus counsel, in the post conviction 

investigation of this case, and, as exemplified by the 

contents of the Petition filed in this case, the 

pretrial investigation was far from complete, 

12, It is my professional opinion, based on the facts that 

were developed in this case, that Debr" Milke never 

confessed or '1dmitted to any involvement in the death 

of her son, Christopher Milke, when she was 

interviewed by Detective Armando Saldate. I would not 

have assisted Mr. Rosenquist in the post conviction 

proceedings if I had any doubts about her innocence. 

STATE or ARlZONA 

County of Maricopa 

SUBSCRIBED AND 

by KIRK FOWLER. 

) 

) ss. 

) 

SWORN to before this dctay Of May, 2002, 

NotarPublic ~~(2~ 1 

My commission Expires: 

1-17--o =s 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 120 of 185
William S. "Kirk" Fowler 

Owner Kirk Fowler Investigations 

Arizona License# 8703004 

7845 East Evans Road Suite F 

Scottsdale, Arizona 85260 

Phone (480) 443-4740 Fax (480) 443-0529 

INVESTIGATIVE WORK IDS TORY 

1960-65 U.S. Border Patrol. Stationed in Arizona, Texas and Washington. Actively involved in 

investigating, arresting and prosecuting alien smuggling groups operating out of Mexico. 

I 965-69 Immlgratlon & Naturalization Service Investigative Division. Stationed in New York City and Los 

Angeles. Investigated aliens that were involved in criminal, immoral and narcotics violations as well as 

fraudulent claims of U.S. Citizenship. 

1969-86 U.S. Drug Enforcement Administration. Stationed in Los Angeles, New York City, Washington 

D.C., Mexico City, Dallas and Phoenix. Specialized in conspiracy investigations. 

Inaugurated the DEA office at JFK International. Responsible for everything from office space and set-up 

to coordination with foreign counterpart offices as well as being responsible for developing DEA systems 

and procedures unique to the airport environment. 

Mexico City: Responsible for the DEA intelligence network in Mexico and Central America. Dallas: 

Responsible for intelligence for a seven state area. Developed and implemented procedural systems in 

maritime, aerial and land smuggling that are still being used. Phoenix: Responsible for enforcement, 

intelligence and task force groups as well as the marijuana eradication campaign for the state of Arizona. 

1986-Present Private Investigator: Worked background, industrial espionage, financial, medical 

malpractice, pre-investment, homicide and rape investigations. 

LANGUAGE SKILLS 

Speak, read and write Spanish. Attended the Border Patrol Academy as well as the State Department 

Spanish course. Stationed in Mexico City for I & 1⁄2 years. 

EDUCATION 

BA in history with a minor in Social Psychology. 

OTHER SKILLS 

Over 40 years experience in the Martial Arts, currently a 6th Degree Black Belt in Ki Nkido. Taught selfdefense, arrest techniques, intelligence, undercover work and raid planning at DEA National & 

International Academy as well as various state & local training academies. Taught the governor's security 

detail and various corporate security groups. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 121 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 122 of 185
Michael D. Kimerer, #002492 

Lori L. Voepel, #015342 

Kimerer & Derrick, P.C. 

221 East Indianola Avenue 

Phoenix, Arizona 85012 

Telephone: 602/279-5900 

Facsimile: 602/264-5566 

Attorneys for Petitioner 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

DEBRA JEAN MILKE, ) No. CV-98-0060-PHX-RCB 

) 

Petitioner, ) 

) 

v. ) 

) AFFIDAVIT 

TERRY STEWART, et al., ) 

) 

Respondent. ) 

) 

My name is Barbel Jacks, I am over the age of eighteen 

years and have personal knowledge, which forms the basis for 

this affidavit. I have never been convicted of a felony and I 

am competent to make this affidavit. If I was called to 

testify, under penalty of perjury, I would testify to the 

following: 

1. I was formerly an investigative reporter for Focus TV 

Productions in Germany who prepared a program on the 

Debra Milke case in 1998. 

1 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 123 of 185
2, On Saturday, August 29, 1998, at approximately 11: 30 

am, I went to see Debra Milke's sister, Sandy, at 555 

Ray Road, Apt, 167, in Chandler, Az, , in order to 

interview her. 

3, I initially rang the bell and at first nobody opened. 

Then I attempted to contact her by phone, As I was 

about to leave, I met Sandy's son in front of the 

apartment. He then introduced me to his mother, who 

was inside the residence, 

4. Sandy invited me into the apartment, but did not want 

any cameras and/or recording devices in the house. 

5' We spoke for approximately thirty minutes. She said 

that she did not believe that her sister was capable 

of committing the crime for which she was convicted. 

6. She also said that her father believed that Debbie 

was innocent, and that he maintained that belief 

until the day he died in late March. 

7, She then went on to explain the remarks that she had 

made in 1990 and 1991. She explained how the media 

had distorted her remarks and that she never meant to 

"sink" her sister, as some people had accused her of 

doing. 

8, She then explained the conversation that she had 

after Christopher's death with Detective Saldate. 

2 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 124 of 185
She explained that she never meant to implicate her 

sister as a murderer or as an instigator of the 

terrible events surrounding the death of Debra's son, 

Christopher. 

9. She said that in case of a retrial, she would be 

willing to testify that Debbie was not the kind of 

person who would have her son killed. 

10. During the interview, Sandy appeared composed, in 

total control of her senses and very well informed 

about the case. 

11. She was very concerned about talking to the media and 

wanted more time before she would go on record with 

her views. 

AFFIANT FURTHER SAYETH NAUGHT. 

~tW!l 12,jl\--

Country of [Germany __ _ 

SUBSCRIBED AND SWORN 

2002, by BARBEL JACKS. 

Notary 

Commission Indefinite 

3 

this __!!_)_/!vday of May, 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 125 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 126 of 185
.. , 

IN THE.SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

STATE OF ARIZONA, 

Plaintiff, 

vs. 

DEBRA JEAN MILKE, 

Defendant. 

) 

) 

) 

) 

) CR 89-12631 

) 

) 

) 

) _______________ ) 

APPEARANCES: 

Phoenix, Arizona 

June 30, 1990 

TRANSCRIPT or PROCEEDINGS 

Interview of Sandra Pickinpaugh 

Mr. C. Kenneth Ray II 

Attorney for the Defendant 

Mr. Noel Lavy, 

Deputy County Attorney 

Mr. Armando Saldata, 

:S:xaminar 

COPP:S:RS'rAT:e: REPORTING S:S:RVIC:S:, INC. 

1836 :e:aat Thomas Road 

Phoenix, Arizona 85016 

(602) 266-2601 

Roxanna Naiar - Transcriber 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 127 of 185
l 

2 

3 

INTERVIEW OF SANDRA PICKINPAUGH 

MR. SALDATE: The data is 6-30-90. The time is 

4 12:07 about your time, right? And I'm Armando Saldate and 

5 I'm a detective with the Phoenix Police Department. I met 

6 you once. 

7 MS, PICKINPAUGH: Right, (Inaudible) 

2 

8 MR. SALDATE: I met you later on. Didn't you come 

9 in with your mother (inaudible). 

10 MS. PICKINPAUGH: Right. 

11 MR. SALDATE: You met ma and wanted to talk to me, 

12 MS. PICKINPAUGH: (Inaudible) right after the 

13 funeral. 

14 MR. SALDATE: Yeah. How do you spell your last 

15 name, Sandra? 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

P-i-c-k-i-n-p-a-u-g-h. 

P-a-u-g-h? 

Uh-huh, 

What is your date of birth? 

8-9-66. 

Your address is 755 --

Riverview Drive, Number 4. 

And the phone number hara is? 

Area code 307-075-9164. 

Thank you. Is there where your husband works? 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 128 of 185
1 A um-hmm. Yeah, ha got (inaudible) His brothers 

2 live hara, Ona lives here and one lives in Rock Springs, 

3 And ha was here on vacation and got offered a job over in 

4 Rock Springs. 

5 

6 

Q 

A 

(Inaudible) 

Well, the first job that ha got was a 

7 refrigeration technician. Ha got offered a job hara for a 

8 local refrigeration company as a technician than they laid 

3 

9 him off in February and (inaudible) ha just got accepted for 

10 a job at Chevron. Ha's going to be a control operator for 

ll Chevron Chemical. 

12 

13 

14 

15 

16 in, 

Q 

A 

Q 

A 

It's 

That's hare too? 

It's in Rock Springs. 

Rock Springs? 

Yeah, It's really a nice little community to live 

a smaller community than Rock Springs, It's just 

17 (inaudible), It's just a little bit cleaner than Rock 

18 Springs. Rock Springs has all the malls and the K-Marts and 

19 the grocery stores but it's only 11 miles up the highway, 

20 

21 

22 

23 

24 

25 

Q 

A 

Q 

A 

Q 

A 

Yeah, So it's really not that bad huh? 

No, And (inaudible) . 

Whan was the last time you talked to your sister? 

My son's birthday, November 11th, 

November 11th of? 

'89. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 129 of 185
l 

2 

3 

Q 

A 

Q 

Did she call you? 

Om-hmm. 

What did she have to say? 

4 A Wall, she called to wish Jason a happy birthday 

5 and also to tall ma about the results of the hearing, I 

6 guess Mark had filed soma kind of papers to try and get 

7 joint custody of Christopher and she had just attended the 

8 hearing that previous weak. And was really happy because 

9 the judge denied him joint custody and she just was really 

10 happy about it. Because ha didn't get any part of the 

11 custody, 

12 Q Since then have you talked to her? 

4 

13 A I sand her money once a month but I just put it in 

14 a manila envelope and just address it to her at the jail. I 

15 don't write anything in it. The first time I sent her mail 

16 I wrote her a note saying that I wanted -- if it was 

17 convenient for her to have somebody change her address, to 

18 forward her address to the jail. And (inaudible). 

19 Q Why are you (inaudible) mail? 

20 A Wall, at the time the Debby was arrested there 

21 ware packages from Garmany and Switzerland in route to her 

22 (inaudible) and they ware valuable packages. I just went in 

23 and had the mail curved over hare so we would get the 

24 packages. Because of overseas rate my grandparents would 

25 have to pay to have it shipped back to them. It would cost 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 130 of 185
l 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

5 

two to three hundred dollars to ship it back. 

Q Oh, really? 

A Yeah. I mean every Christmas they send, you know, 

a humongous package and it cost a lot of postage. 

Q How is your mom doing? 

A My mom, she's feeling better. She's getting 

better. She's (inaudible) and she's got other problems to 

deal with, you know, in her own personal life. 

Q Her marriage? 

A Well, (inaudible) it's just that -- it's typical, 

typical (inaudible). They just finished building a brand 

new house and they're landscapers, you know. The typical 

things, landscapers are trying to squeeze extra money out of 

them, contractors are trying to squeeze extra money so she's 

busy with that. You know, that's got her all 

Q No problem with the marriage? 

A No. It's just, you know --

Q She's a real nice lady, seemed to be a real nice 

lady, 

A She is. Yeah, she is. Unfortunately I really 

21 never -- never was real close to her so we just started 

22 becoming friends, I'd say about three years ago. 

23 Q I don't really know your dad at all. 

24 

25 

A 

Q 

My dad's a character. 

I don't know him at all. Thay had a chance to --

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 131 of 185
6 

l other detectives had a chance to talk to him before I got 

2 there. 

A Yeah. I think he's talked to the defense, he's 

talked to the prosecution, he's talked to --

Q Wall, he's a security guard or a prison guard? 

A Right. 

3 

4 

5 

6 

7 

8 

9 

Q You know, ha knows all the -- he's bean around and 

10 

ll 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

has had a chance to be interviewed before. Than they had 

him I remember ha was telling ma on the phone that ha was 

investigated because Mark said he threatened his life. 

Stuff like that. And I called him -- I called the DOC, his 

employment. Mark's dad -- sea we got -- initially we got a 

police report saying that Mark said that. I called down 

there to see what was going on because it wasn't really a 

report I should handle but it was ;ivan to ma because 

(inaudible). 

And I called down there to talk to Mark to see 

what the heck was that all about. And Mark's dad said he 

wasn't there but let me tall you something. If anybody was 

threatening anybody it was Mark threatening your dad, you 

· know. So that's when I called DOC (inaudible). 

A They'd been at odds with each other -- typical, I 

think any father would probably react, not even talking 

about the murder, I mean. My sister is a very attractive 

person. She's vary intelligent and my parents had a lot of 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 132 of 185
l aspirations for her, you know, a lot of plans for her, you 

2 know, and Debby did real well until my mom up and left. 

3 After that for some reason Debby had this vendetta against 

4 (inaudible) 

5 

6 

Q 

A 

Your mother --

(Inaudible). She, well, I think (inaudible) was 

7 more so than my dad. After the divorce my dad just kind of 

8 stays, you know, in the background. (Inaudible) we knew 

9 where ha was at and we knew where ha was at. My dad never 

10 made any attempt to push her after the divorce because he 

ll wanted us to find out for ourselves, you know, the things 

7 

12 that happened. Wa ware so young, I was 10, Debby was 12 and 

13 

14 

15 

16 

17 

so ha never pursued us kids, Ha never forced us to come 

visit. We would call him and say, you know --

Q Who ware you living with? 

A our mother, And ha -- it's just been that way 

through the years. Ha was always in the background. Ha 

18 always lats us know that ha loves his kids and that he's 

and 

19 there but he's not going to pursue us. You know, he doesn't 

20 want to get -- he never wanted to interfere with anything, 

21 you know. And when Debby brought Mark home for the first 

22 time it really just crushed both my parents actually because 

23 -- I guess if they expected anybody it would be ma they 

24 expected to bring soma (inaudible) guy home because I was 

25 always the rebellious one, you know. I was very very 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 133 of 185
8 

1 independent and Debby was vary vary conformed to what people 

2 told her to do she would do. You know, she would -- there 

3 was no love lost between Mark and my dad. My dad treated 

4 him like a son-in-law, was decent to him. I can't ever 

5 remember a time (inaudible) odds with each other. But by 

6 the same token every time Debby would call my dad and say 

7 well, Mark's drinking again and they just (inaudible) again 

8 or Mark (inaudible) my dad would just hey, you made your bed 

9 now you got to lie in it, you know, I'm here for you if you 

10 need ma but don't expect ma to bail you out. Every time 

11 Mark went to prison Debby would be on the phone asking my 

12 dad for this, that and the other and my dad said no, I can't 

13 do that, To a lot of people I guess that would seam cruel. 

14 But that was just the way my dad was and he was very up 

15 front about it all the way through the years we were growing 

16 up. He said I'm your father. I'm responsible for you until 

17 you're 18 but after that it's none of my business. I can't 

18 form an opinion, I just accept and, you know, if you need me 

19 for anything I'm hara but I will not bail you out 

20 financially. I will not (inaudible). And he's just that 

21 

22 

way. 

Q We both know Mark is probably not the best person 

23 there ever was, you know. He has triad to coma across that 

24 way now, I mean, you know, ha was father of the year before 

25 and all of a sudden it's (inaudible). 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 134 of 185
1 

2 

3 

4 

5 

6 

7 

8 

A 

Q 

(Inaudible) 

We know that. Tha situation 

9 

wa should be going 

to court pretty soon on -- I would say it could ba -- we 

ware (inaudible) the 17th of July, Howavar I would say it's 

probably going to ba continued till mid Saptamber, first 

weeks in September, It's going to ba soma time before it 

goas to court. 

Debra's going to probably bathe first one they 

9 ara going to put on. And so she's going to bathe first one 

10 to coma up. I'll be very honest with you. The attorney's 

11 going to seek tha death penalty, Whether you agree with it 

12 or I agree with it, I have nothing to say whether I agree or 

13 disagree, I just prepare (inaudible), 

14 Do you agraa with tha death penalty? 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A 

Q 

A 

Q 

Do I agraa with it in general terms or 

Just general terms. 

Oh, yes, I agree (inaudible). 

Now let's bring it out a little mora, What do you 

think about the situation with Debra? 

A What happened? 

Q Right. 

A It's really hard for ma to say because there's so 

many theories floating around and so many, you know, it's 

just such a, you know, no planning, you know, nobody first 

saw anything par sa, I mean --

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 135 of 185
10 

l Q Okay. There was no planning on your part to be 

2 able to accept something like this. 

3 A Wall 

4 Q But there was plenty on her part. 

5 A Sura. But none it -- there were no clues or 

6 signs. You have to understand, Jim and I were very, very, 

7 very close friends. I mean, he was at my house every day. 

8 Even after we moved here I think I talked to Jim at least 

9 three times a week., Even after living here. And I didn't 

10 even get any signs from him. I mean, nothing at all which 

ll is very very unlike Jim. I mean, you can pretty much coax 

12 anything out of Jim, you know, and I --

13 Q He didn't know at that time to even try to coax 

14 anything out of him. 

15 A Well, no but still, you know, you could always 

16 tell when something is just not right especially with a good 

17 friend, You can tell when something is just not 

18 (inaudible). 

19 

20 

Q 

A 

What was Debby's position with Jim? 

Well, I (inaudible). She was never as close to 

21 him because my sister didn't have any friends. The only 

22 time she ever called people was when she needed something 

23 and she's always been that way, She does not have friends. 

24 She's never had friends. You know, I'm talking about like 

25 my girlfriend Dee, I've know her 13 years and we talk to 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 136 of 185
11 

1 each other, you know, I mean not in lieu of friends but, you 

2 know, we just --

3 Debby has never had any true friends to her name, 

4 It's just people that she's acquainted with that when she 

5 needed something then she calls them up (inaudible), you 

6 know, and Jim was one of those people, Jim knew both of us 

7 from living in -- Debby and I used to live together in a 

8 complex and I would work nights, Debby worked days and we 

9 would take turns taking care of the kids, both together. So 

10 she knew Jim in that sense, I mean, she never spent any 

11 time with him or, you know, I mean, every once in a while 

12 she'd go out with Jim and ma when we'd go out dancing or 

13 drinking or something, 

14 It was really weird Debby pretty much (inaudible). 

15 I didn't even hear from Debby until she wanted something. 

16 And we'd go months at a time, 

17 Q Okay, This is the impression I got. Correct ma 

18 if I'm wrong because like I said I didn't know Debby before 

19 this. I didn't know Jim before this. I didn't know Roger 

20 before this, I've talked to soma people that knew Debra, 

21 Thay referred to her as very materialistic. 

22 A Sha was, 

23 Q Would you believe --

24 A Oh, yes, Yea, Vary materialistic, vary vary 

25 selfish, self-seeking, self-cantered. Vary vary vain. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 137 of 185
12 

1 Conceited, I mean, just greatly conceited about herself, 

2 There was nothing she doubted about herself as far as 

3 outward things like her appearance or things that she wanted 

4 or pursued she got. Sha knew it early, 

5 Q How about you know some people are very good at 

6 if I could sit here and say that door is red. You and me 

7 can both see that that's a white door. But if I want it to 

8 be red I'll make it red, If I want to set my mind that that 

g door is red, it's red, 

10 If Debby was to set her mind on something that 

11 wasn't really the truth, would she do that? Was she that 

12 type of person? Other than convincing other people. I mean 

13 could she convince you that, you know, she may not look good 

14 that night when she went out. You could have seen it, 

15 somebody else (inaudible) 

16 A But to tell her that --

17 Q To tell her that would be impossible because she 

18 thought she looked (inaudible), 

19 A That's a good example, Whan we would go out she 

20 always did her hair up and had a lot of eye make-up and I 

21 would casually say, you know, that's a little bit much Debby 

22 and she'd say, oh, you're just jealous because you don't 

23 have my blue ayes or you can't get away with this like I 

24 can. I mean, you could not anything that you triad to 

25 tell her she would probably take it with a grain of salt and 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 138 of 185
13 

1 just amaze you by sitting there and listening to you. Do 

2 you know what I mean? You would try to offer her -- or 

3 somebody might have tried -- she would use it -- how do you 

4 explain it. She would use it. The only time she would come 

5 to you when she -- when you felt, you know, she's probably 

6 had enough. You know, she needs a friend and then she'll 

7 turn and use it against you. You know, the only time she 

8 would break down was when she wanted something or -- or 

9 wanted something changed. You know what I mean? Like she 

10 would --

11 Q And that's when you thought that maybe she was 

12 finally 

13 A She was going for the better. Sha was finally 

14 going to batter herself and all it was -- actually with me 

15 all it was was a ploy to take Christopher for a couple days 

16 which turned out to be a couple months. You know what I 

17 mean. She would come to me and say, you know, I'm so 

18 scared. Mark has threatened me and this and that and now 

19 he's in jail. Should I go through with the divorce. And I 

20 mean we would all coach her, you know, we'd all say, yes, 

21 stay out of his life. We'll do whatever we can to help you, 

22 bingo, she scored a point. 

23 Friends would lend her money and say here, you 

24 know, we would take her to -- drive her around. She'd 

25 borrow my car. I would keep her kid and then two weeks 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 139 of 185
14 

1 later nothing would be done, Sha would have spent the 

2 money, you know, Usually my car would be a total. mess when 

3 she brought it back and she wouJ.d never ccma visit 

4 Christopher, 

5 You know, she would just be gone for two weeks and 

6 pop up with a new boyfriend. See what I mean? That's the 

7 only time you would ever see her (inaudible) to her 

8 advantage. I don't think I've ever seen her want literally 

9 honest in saying that she'd had enough. I really thought 

10 this last time she went to Colorado to stay with Dorothy. 

11 She was very sincere. Her boyfriend had given her money and 

12 she lied to him. She told him she just needed it for the 

13 divorce and then she took off on him. 

14 I helped her pack and stored some of her stuff and 

15 everybody just pitched in to help her because we all felt so 

16 sorry for her. And then when she got up th.ere she did 

17 nothing but hand her kid over to Dorothy and. then she had a 

18 boyfriend two days later and spent a lot of time over there. 

19 And she was stuck with Christopher -- Dorothy was. You 

20 know, it's always the same thing. I don't think once 

21 Debby's been honest with anybody when she needed help. I 

22 don't think she honestly reached out for hel.p. It was 

23 always for another reason. 

24 Q (Inaudible) 

25 A (Inaudible) 

) 

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1 

2 

3 

4 

5 

6 

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8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

_ _/ 

15 

Q Not recently, briefly. I've got the police report 

of the neglect in Colorado. (Inaudible) ta..1.k to her. She's 

living where now? 

A She's in Henderson (inaudible)? She just went to 

work for that brand new hotel that went up. I don't 

remember the name of it. Brand new hotel they just put up, 

casino hotel. 

Q Mirage? 

A That's probably it. 

Q In Las Vegas? 

A Yeah. 

Q And I'm not saying this because I know you and 

I've talked to you several times. And I coul.d sit here and 

look at you and I know this is difficult for you saying 

things but if somebody else was to listen or somebody 

else (inaudible) that I'm on the opposite side. They would 

say well, Sandy must really hate her sister. 

A (Inaudible) 

Q That's not true though? 

A No, it's not true. 

(Both talking at once) 

Q I know it and I say that only, you know, I know 

you don't. I know it's difficult for you to even have this 

interview. When you start talking about your sister, things 

you have to say but we have to be honest. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 141 of 185
16 

1 Debra has gone through the psychological tests 

2 (inaudible) to see, of course, if she was --

3 A Unstable. 

4 Q Unstable. 

5 A Debby's more sane than anybody you know. Debby is 

6 a highly intelligent parson. 

7 Q Oh, I know. I agree. She told ma that night we 

8 had that interview. Ona of her points to get across to me 

9 was I hope people don't think I'm crazy because I'm not. 

10 A She's not. There's not a thing wrong with that 

11 girl. I think -- like I said it's just been an act for so 

12 many years that she's just perfected it. And she's a 

13 master. Sha is a master. You talk to anybody who's known 

14 Debby from this high all the way to her age now and they 

15 will tall you the same thing. Anybody that has aver passed 

16 in Debby's past will tall you. It's very difficult -- I've 

17 know her since --

18 Q Master of deception, master of --

19 A Yeah, master of deception to she's a master of 

20 manipulation. That's probably foremost more than anything 

21 else. Debra has a way with people. Sha puts on this facade 

22 that makes people feel so sorry for her that they are going 

23 to do just about anything. And, I mean, right down to -- I 

24 couldn't even put a limit on what they would do for her. 

25 Because she just puts on this -- I don't know how to explain 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 142 of 185
17 

1 it. It's an act. It's a -- you know, my dad is the hardest 

2 parson in the world, I'll tell you. You want something from 

3 my dad you batter, you know, just to look at my dad -- Whan 

4 I know I have to ask for something my dad just makes me 

5 shake inside my own boots, you know. And my sister even 

6 managed to get past him. Which in my mind is just 

7 incredible, My mother is easy. My mother's cake, always 

8 has been cake for both of us kids, 

9 Q Lat's keep this stay on this subject for a 

10 minute about she has this thing about getting people to do 

11 anything for her. This is what I, you know, after I 

12 interviewed Scott, I interviewed Jim, I interviewed your 

13 sister. I interviewed probably virtually --

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A Everybody, 

Q (Inaudible) you know me. I -- you know basically 

what happened. Basically 

A I just know that they plotted this thing -- the 

theory is they plotted this 

Q Debra tells ma 

told me. Debra tells ma 

to put it in a different 

Sweat? 

and I'll tell you what Debra 

told ma that night. I'm trying 

Ernie Sweat -- you know Ernie 

A 

Q 

A 

I mat the man once. 

Lat ma explain -- was a very clear minded person. 

Oh, yeah. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 143 of 185
1 Q 

18 

Ha liked Debby for other reasons. He liked Debby 

2 because Debby was a nice girl. Debby was a very good 

3 looking girl to take on dates. Him and Debby were having 

4 

5 

6 

7 

8 

9 

sexual relations. But he was also dating other girls. 

A Right. 

Q Debby had it in her mind --

A 

Q 

A 

That it was something different. 

There was something serious and --

Well, the phone call on the 11th when she called 

10 on Jason's birthday she told me that Ernie had proposed to 

11 her and that they were going to get married just as soon as 

12 she could make arrangements with -- excuse me. They were 

13 going to get married as soon as Ernie spent a little bit 

14 more time with Christopher and got a little bit better 

15 adjusted to Christopher, 

16 Which was understandable to me at that time 

17 because (inaudible) too, you know. Yeah, but she had told 

18 me all that. And Jim had called ma three days later and 

19 told me that Debby was hallucinating. Which was normal. 

20 Debby -- like you were talking about the red door. Debby 

21 sees what she wants to see, Debby hears what she wants to 

22 hear. 

23 Q Let me write that down because I think it's a very 

24 good point. And I'll tell you in a minute why. 

25 A (Inaudible) 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 144 of 185
l 

2 

3 

4 

Q 

A 

Q 

A 

And then three days later who called you? 

Jim did. 

Did you tall him about this? 

Well, I had made the comment. I said Debby had 

19 

5 sounded really well. 'l'hia was the first time I had actually 

6 heard her happy in a year. And that I was glad the 

7 relationship with Ernie was going well and he said where did 

8 you hear that? And I said she told me. And he said wall, 

9 Ernie and she had been back and forth for the last couple 

10 weeks. You know, bickering back and forth over -- I guess 

ll aha proposed an ultimatum to him and he didn't like that. 

12 Which was normal. Debby (inaudible) quite normal. And 

13 that's what they were bickering about. Sha gave him an 

14 ultimatum. She says, you know, either we do it this way or 

15 we don't see each other anymore. You know, and I think 

16 Ernie really liked Debby a lot but she puts man in that 

17 position to where they don't have a choice. 

18 So ha said that they ware bickering about it. 

19 Which kind of made ma wonder but than again, if you've dealt 

20 with her for so many years you figure well --

21 Q Jim said that Debra was hallucinating now? 

22 A Well, it didn't come out exactly, you know, she's 

23 hallucinating. When he had told ma that they were having 

24 problems I said wall, that's typical Debby, always seeing 

25 things they way she wants to sea them. And he said well, 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 145 of 185
20 

1 yeah. He knew about Debby's character just from experience. 

2 Like I said just from me talking to him. Whenever she would 

3 put on over on me, you know, Jim was who I'd go to and say 

4 well, she did it again. One of these days I'm going to 

5 learn, you know. So Jim knew Debby's character from me, you 

6 know, he knew what he was in for. As a matter of fact the 

7 night that -- while him and Debby were loading up the truck 

8 Jim got really quiet. Ha got really scared. He said he 

9 didn't want him to leave and I asked him why and he said 

10 because I know what your sister is. Your sister is just 

11 going to come and hound me and use me. He knew it. And he 

12 was petrified of it. 

13 And I said, Jim, tell her no. Just tell her you 

14 don't want the responsibility of taking care of Christopher. 

15 That you don't want her living with you and I think they 

16 lived here a weak and he called. Guess what. See, that was 

17 him. Jim could not say no to anybody. I mean, Jim just 

18 does numerous things for people. He's just that kind of 

19 person (inaudible). He would call me and say I'll be over 

20 in 10 minutes, I'm right around the corner from you and show 

21 up two hours later. You know. It was because he saw a lady 

22 on the highway with her car, you know, or somebody needed a 

23 ride somewhere. Jim just did not have the ability -- he did 

24 not have the strength to stand up for himself. Did not have 

25 the ability to say, you know, I'm not going to take this. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 146 of 185
21 

l Ha would always just crumble and say well, I'll get over it. 

2 Ha did a lot of things for me. There's a lot of things he 

3 did for ma that I really didn't expect. But he did, you 

4 

5 

know, with no questions asked. 

Q Did you ask him about 

6 (inaudible) going to get married? 

did you ask him if they 

7 A No, because I knew better. It was typical of the 

8 same game. It was a typical game, you know. Debby -- like 

9 I said she this was grapevine stuff. I guess (inaudible) 

10 talking about it in passing, That kind of stuff I just kind 

11 of by-passed because I know Debby. To me it was nothing 

12 worth pursuing because I knew (inaudible). 

13 Q What do you think the relationship evolved into? 

14 I can see you saying taking advantage of her. I've read 

15 letters to Debra. Letters that have been supplied by his 

16 attorney. 

17 A Just in recant months? 

18 Q Just recently since he's bean in jail. And --

19 (Beep and tape want dead about three-quarters 

20 through side 1.) 

21 (Sida 2) 

22 Q Debra's trying to pursue -- her theory is, of 

23 course she didn't do anything. I didn't know nothing had 

24 happened. Jim's theory is, of course, and I can see it in 

25 the letters and I can sea it in a lot of things. Ha, of 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 147 of 185
22 

l course, gave me the theory it wasn't he that did it. It was 

2 Roger Scott that did it. You know, I didn't know he was the 

3 one that did it either. However, he's doing this and she's 

4 asking him --

5 A So she's writing him back? 

6 Q Yeah. Let ma explain the letters and you'll see 

7 what these letters are about. We don't have all the 

8 letters. Some of the letters, you know, they -- of course 

9 they told the attorneys they destroyed or whatever. The 

10 letters we do have start with the fact that she didn't know 

ll what was going on. Please let me know what happened. I 

12 need to know what happened, Jim. And Jim is responding to 

13 her as if she didn't know what was happening. In reading 

14 these letters you can see it is a setup. They're setting 

15 people up to believe in all that kind of 

16 Jim -- we have the letters (inaudible). Jim did 

17 do the shooting. He -- you've got to be real strong. You 

18 have to love somebody a lot to do what he did. I mean, I 

19 don't know if it's mind control or if she has that strong of 

20 a (inaudible) but she has really controlled Jim. 

21 A Oh, yeah. That's not surprising. Jim is very 

22 easily controlled. 

23 Q And then to pursue after he does it -- to pursue 

24 it and to come back and think the lie up, you know, to 

25 officers and stuff like that, to continue to pursue it. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 148 of 185
23 

1 And then once they (inaudible) back. And that's 

2 why -- and people wonder well, Roger Scott confessed. Debra 

3 confessed but Jim didn't. Okay? Jim told me, I don't know 

4 what happened. He has since in letters confessed somewhat. 

5 However, but you look at both ends of the scale where Jim 

6 stayed in the middle and you know why Roger Scott's 

7 confessing. Because it really wasn't his idea. He was 

8 going to do it for something else. Do it for money. 

9 A Right. 

10 Q So it wasn't his idea to begin with. He's not 

11 really involved in the -- involved how do I put it. 

12 A He's not knee deep in it. 

13 Q No. Not seriously involved in the, you know, he's 

14 legally in it. He's going to be prosecuted just like the 

15 rest of them. But he's not emotionally involved in what was 

16 happening. 

17 A Right. 

18 Q Okay, (Inaudible) he's involved. He 

19 participated. He's a participant in all this, Then he got 

20 at the other end, he got Debra {inaudible) But now she 

21 handled {inaudible). She has a reason to try to, of course, 

22 I did it for other reasons. I didn't want him to grow up 

23 like Mark. In other words, she's doing it she's trying 

24 to explain her actions because as she grew up and as you're 

25 explaining her to me and that I know her, she's trying to 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 149 of 185
24 

l manipulate what happened and make it better than what 

2 happened because she knows she's in trouble. Jim was the 

3 only one that (inaudible) that night. The only reason be 

4 didn't do it was is be wasn't actually wrong. He probably 

5 was the only person. 

6 You know be was mostly involved. He bad someone 

7 to save, He didn't know that Debra was going to talk later 

8 on, Debra was gone. Debra was in Florence, you know, when 

9 we talked to him. 

10 

ll 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A That would just make me thing all the more the 

fact that she was running out on him, just me knowing Jim. 

Q (Inaudible) Jim didn't know if she was going to 

(inaudible). He would never, ever --

A But what did he do when he found out she did 

admit? (Inaudible) 

Q She (inaudible). She was already in jail. He 

didn' t know. 

A So be just figured I'm already --

Q We, of course, did not ever talk to him again. 

Once we (inaudible) we couldn't go back and talk to him. 

A Right. 

Q So we couldn't ever approach him and say, look, 

this is it. This is what happened. She has admitted. 

(Inaudible) . (Inaudible) 

A $755 a month. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 150 of 185
l 

2 

3 

4 

5 

6 

7 

Q 

A 

Q 

A 

Q 

A 

Q 

25 

I don't (inaudible) all --

Oh, he's dead (sic) 

Is he dead? 

Oh, I don't know. I'm asking. 

Sherry Masini -- do you know who Sharon Masini is? 

No. 

She's written his checks. (Inaudible) I don't 

8 know. But any way Jim -- she doesn't even understand. She 

9 (inaudible). She doesn't understand the fact that she had 

10 once a month deposited money -- (inaudible) Every letter 

11 that Debby writes to him always ends up with please send me 

12 some money. 

13 I know this is hard for you and it's hard for me 

14 to even ask but --

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

A 

Q 

Right. 

You know 

A Re says that (inaudible) makes her the least bit 

guilty to ask anybody for money or anything and I'm sure Jim 

sends it to her. 

Q Re does. And he sends it to her. Re nends her 

money. Re sends her writing material. 

because she writes to him. 

A Sure. 

Re feels so good 

Q And in one of the letters -- I say she's 

25 probably -- one of the letters we don't have she's telling 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 151 of 185
26 

l him a couple of things like (inaudible) when we get out 

2 of here -- when I get out here we could be together 

3 (inaudible). 

4 

5 

A And see that's not 

no intention -- she has none 

that's just it. Debby has 

if she walks on this she's 

6 going to be gone and she's (inaudible). 

7 Q She tells him also in one of the letters, well, 

8 you know, how she's going to be out of state and everything 

9 else and then ultimately she asks him for money and then at 

10 the very last -- at the very last when she asks him for 

11 money she says, oh, Jim, maybe when you get out you can meet 

12 me where I'm at, you know. 

A But 

(Both talking at once.) 

13 

14 

15 

16 

17 

18 

19 

20 

A Exactly. That's exactly what I'm talking about. 

This is how Debby gets what she wants. You know, 

(inaudible) letter and tells him, by the way, can you send 

me some money. That's Debby true to the letter. And the 

thing that I don't understand about it is why Jim, of all 

people, fell for this because Jim, of all people, has seen 

21 her go through so many relationships where the pattern would 

22 be the exact same. And it's funny because then he'd call me 

23 and say, you know, how can men be that stupid. And I'd say, 

24 well, you tell me, Jim, you're a man. You know. We see it 

25 (inaudible) it happens to him. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 152 of 185
1 

2 

3 

4 

5 

6 

7 

8 

Q Yeah, but it happened to him because it's a lot 

easier to look on the outside and say how could these guys 

take that shit but then all of a sudden 

A Suddenly it's focused on him. 

Q -- it's only her and him. All of a sudden he 

started, like he said, the gestures, everything else and 

then you forget about things (inaudible). And I'm sure 

(inaudible) maybe you can tell me. Like you said the 

27 

9 gestures and things that she did (inaudible). But it would 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

not surprise me if she would get up accidently, you know, 

quickly run out of her bedroom or something like that 

(inaudible) or be something --

A (Inaudible) You know, and needed -- not needed --

I don't even know Debby but I never would but my husband has 

a fit because I come out in my PJs and my Pjs are not 

nighties, you know, mine are the Garfield big T-shirts, you 

know and to me I figured I'm covered, I don't care, as long 

as it's not sea-through. I don't care. That's not Debby. 

No, 

Q I'll give you an example, 

A Debby (inaudible) in her bra and her panties and 

meets company always. But see from my point of view that's 

natural, you know, and like I said we always did consider 

Jim such a close friend that he never looked at us in that 

respect, you know, a woman, you know, this is (inaudible) 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 153 of 185
28 

1 friends, they're my buddies now, somebody else would come in 

2 the house and of course not, Debby and I would cover up but 

3 like I said, Jim would stay the night in my house and I'd 

4 come out in the morning in my Garfield pajamas, you know and 

5 it was normal (inaudible) when he comas through because he 

6 doesn't understand that. 

7 But it's the way we were raised, you know. So 

8 whether Debby uses it or not I really couldn't say because 

9 you're talking about Jim. If you're talking about somebody 

10 else and she did that yeah, I'd put it past her. I really 

11 would. But you're talking about Jim and you've got to 

12 realize that Jim has always meant to us just like a father 

13 actually a surrogate father. We never thought about it. 

14 

15 

Q 

A 

Jim was always over. 

Yeah. 

16 Q Let me give you an example, And you (inaudible) 

17 you know (inaudible) interview Debby and me had done 

18 something when we were talking. 

19 A Oh, yeah, 

20 Q Let me give you an example. When I want into the 

21 room (inaudible) 

22 A Who's that? My sister doesn't have, I mean, the 

23 only aunt we have is --

24 Q Maybe (inaudible) 

25 A My stepmother? 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 154 of 185
• 

Yeah. Sha have a sister or something? 

Stepsister, yeah, Karan. 

Okay. I'm not sure. 

They're the same age. Debby and Karan. 

Sha was with her at the police station? 

When she got arrested? 

29 

1 

2 

3 

4 

5 

6 

7 

Q 

A 

Q 

A 

Q 

A 

Q When she was taken to the Florence police station 

8 (inaudible). 

9 A Oh, I know who you mean. You're talking about 

10 Jan. Jan's a family friend. Sha worked for INI out at DOC. 

11 Yeah, she's a detective too. 

12 Q And I approached her and she was sitting down and 

13 she started -- and I told her all about it. And I told her 

14 what happened and (inaudible). She started yelling, yelling 

15 and acting trying to cry but she didn't have no tears. 

16 She didn't cry once. Anyway, we're sitting there -- when I 

17 interview someone -- not here because it's very open and 

18 stuff. And I'm not trying to get anything out of you that, 

19 you know, like when you're interviewing a suspect or someone 

20 -- or somebody (inaudible) may not give you all the 

21 information but either way I try to get very close to a 

22 parson, you know. I'm, for the most part, a very good 

23 listener. So I like to get vary close to a parson. So I'm 

24 sitting right here, there's no table between us. We're 

25 sitting there and she's crying or trying to cry, not crying. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 155 of 185
30 

1 I told her, Debby, I'm not going to tolerate that. I'm not 

2 going to tolerate that. I'm hara to get the truth. That's 

3 usually what I -- in any of my interviews that I do I'm just 

4 there to get the truth. I'm not --

5 (Both talking at once.) 

6 You know with Debby how I went in there and I 

7 usually do this because I've been working homicide for a 

8 long time. I try not to even think of Chris. Chris is not 

9 between us. If you were Debby, Chris is not between us. A 

10 case is between us (inaudible) and I went and found him. 

11 So, I mean, I'm not -- I don't try to get emotionally 

12 involved in that point. So me and her talking and I'm 

13 telling her I'm not going to tolerate that. She's not going 

14 to do it. She -- dress looked very nice. She wraps the 

15 front of her blouse and she pulls it up to her ayes, she 

16 didn't have no tears, to wipe her tears away but she didn't 

17 have any. 

18 A (Inaudible) 

19 Q Yeah. Which quickly exposed her (noise on tape, 

20 couldn't get what was said.) I didn't reaJ.l.y pay that much 

21 attention to -- I knew, you see, my job, in my position I 

22 knew what she was doing to me. I knew what she --

23 (inaudible). But see, I'm there for inf~rmati911, okay. And 

24 she's like trying to see if I --

25 A It's working. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 156 of 185
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

31 

Q It's working. If he's looking at my breasts then 

I may be able to talk myself out of this. Okay. So that's 

what I'm telling you. 

does. She loves that. 

That's the type of manipulation she 

And I understand that. When you 

tell me that I totally understand you. 

A The thing is it's so natural with her. You know 

you can pretty much tell (inaudible) being honest with you. 

Debby is very hard to really judge because she's so good at 

it and it comes to naturally for her. I don't know if it's 

the blonde hair that people when they, you know, they look 

and say I'm coming up on a blonde, I got to make these kind 

of exceptions. You know, I don't know if it's that way or 

she's just so natural about it that it's very, very hard to 

tell and I mean, I like to sit and observe people and 

Debby's always just fascinated with me. 

I used to just -- during high school I used to sit 

back and admire this girl and think boy I'm so glad she's my 

sister, you know, (inaudible) misunderstand. 

Q Guess she was doing it to you too? 

20 A And then it kind of shakes me because -- I've 

21 known her -- I've known the truth all my life about what 

22 Debby did when I was a kid I was awed by it. When I got to 

23 be a teenager I was jealous of it because I didn't possess 

24 the same qualities. I wasn't on the wrestling teams 

25 (inaudible). I wasn't real popular. I was a very 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 157 of 185
32 

1 integrated person. ! used to be very jealous of Debby. And 

2 then after we were separated when I went to school 

3 (inaudible) I started hearing things left and right from 

4 people I'd know since graduation that were telling me, you 

5 know, Because I figured I guess I started becoming the 

6 same way in my own sense as far as manipulating people but I 

7 just was never any good at it. I got caught every damn 

8 time. I got caught. And so it always used to tick me off 

9 and then I got over this when I had Jason I started spending 

10 time with Debby because we had our pregnancies in common. 

11 

12 

13 

The first time we had talked in years. 

Debby and I had never been very close. 

months and years without talking to each other. 

We'd go 

The only 

14 time was a mutual need. Because I get all elated, you know. 

15 My sister finally wants to pursue a relationship with me. 

16 And I'd fall for it every time. I'm 23 and I still fell for 

17 it. You know, I told (inaudible) God forbid if she called 

18 because I'd probably accept the charges and talk to her just 

19 out of, you know, I don't know what it is with me. But it's 

20 just been a bad habit where Debby's concerned, Every time 

21 she would knock on my door I knew what she was there for. I 

22 knew it but I wanted to do everything I could, I thought 

23 maybe if I tried to help her or did something for her she 

24 would grow to appreciate it for once, you know, reciprocate 

25 instead of take advantage. And I did this for -- and I had 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 158 of 185
33 

1 pressure from my parents too. Every ti~e Debby and I were 

2 at odds with each other my dad would get on the phone and 

3 say you're the strong one, you're the more mature one. You 

4 need to take the first approach, your sister needs you. I 

5 heard this for so many years, 

6 It was fine. I knew my dad wanted for us to be 

7 close and my mom wanted us to be close and so I would do 

8 this all the time. I knew that (inaudible) you know, and I 

9 (inaudible) about myself, When Christopher came I didn't 

10 care what she was there for. If she needed to get my nephew 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

out of the picture for a little while, to give him some kind 

of stability or decency or show him some kind of love 

(inaudible) She could give him to me any time she wanted 

to, you know. And I'd say just forget (inaudible) just give 

me the kid, I'll see you when I see you. You know, because 

children are -- children to me have always been a real 

special thing to me. That's --

Q You already told me, You said that (inaudible) 

kind of funny how you're getting these phone calls in 

November. Re's telling me in October he's trying to split 

up. Re was trying (inaudible) 

A Re was applying to outside companies. Re did tell 

me that. 

Q Re didn't move. Ultimately he didn't leave. 

25 Split the relationship up and then --

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 159 of 185
34 

1 A That's where the ultimatum came in. When she got 

2 offered the job -- I think it was Colorado -- (inaudible) 

3 offered him the job and that's where the ultimatum came in 

4 because he sat her down and told her that he was going to 

5 take either or. He was definitely not going to stay here. 

6 And she got all upset and started bawling saying, 

7 (inaudible) and you're gone. And that made him fell good. 

8 (Inaudible) decent man, you know. And she said well, you're 

9 going to take me with you. Which put him on a, you know, he 

10 was really up front with her from the start. 

11 Q (Inaudible) he told me that during that period of 

12 time she told him that she was going to go to school. And 

13 she was going to get herself a career, go and try to find a 

14 career for herself. And she was goi~g to give Christopher 

15 to her dad and mom. And then Ernie says that didn't work 

16 out because her dad and mom says there ain't no way. Her 

17 dad and stepmom (Inaudible). 

18 A Right. 

19 Q And your dad and mom said there ain't no way so 

20 Ernie says that didn't work out. So then he knew that. So 

21 then she mentioned you -- you were going to take him. 

22 A Oh, yeah, we got a call in September from him. 

23 Again, with my parents and I'm not defending them by any 

24 means. My dad, yeah, I'm the same way, I'm not cleaning up 

25 your messes. My dad (inaudible) See now, Debby and I~~~ 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 160 of 185
35 

1 blood sisters but my dad -- this is his third marriage. 

2 Ha's got a son by his first marriage and then my mother got 

3 us too and than with Maureen he's got three kids. And so 

4 he's got a lot of different grandchildren but his blood 

5 grandchildren are Jason and Christopher. And he was not 

6 prejudiced about anybody, about none of his grandkids, you 

7 know. Ha loved them all equally. And to him -- you could 

8 just tall by his property, I mean, his whole back yard is 

9 for the grandkids, you know. Ha's got the swingset. He's a 

10 52-yaar-old man, you know. His whole back yard is full of 

11 toys and things. He loves his grandchildren and ha loves 

12 anything ha can do for them. At Christmastime he just 

13 spoils the hall out of them. But they're not his to raise. 

14 Ha raised his kids. 

15 Q Did you know about her asking --

16 

17 

18 

A 

Q 

A 

Oh, yes. Oh, yes. 

When did you find that out? 

Whan she called us wanted more money. She says 

19 Dad's being an asshole and he doesn't understand and you 

20 understand because you've been through it. It's true. My 

21 dad my parents (inaudible) 

22 Q What did ha understand. Why did she want to get 

23 rid of Christopher? 

24 A Sha told ma it was because she just couldn't 

25 handle him. It was the same excuse. She couldn't handle 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 161 of 185
36 

l him. Christopher was a very high strung little boy. He was 

2 very very hard to take care of. But --

3 

4 

5 

6 

7 

8 

9 

seek 

Q 

A 

Q 

it. 

A 

Q 

A 

(Inaudible) 

Normal. Yes. 

Because if you don't get no love you go out and 

That kid was --

Do we agree on that? I mean --

Yeah. My theory why he was that way was yes, you 

10 know, he was seeking attention and he knew the only way to 

11 get attention was to act up and that would stir Debby up. 

12 And negative attention was better than no attention at all. 

13 And (inaudible) thinking in a child's term, you know. You 

14 know when I would have him the first couple days would be, I 

15 mean, (inaudible) he was not beyond choking because he was 

16 just so -- didn't want to listen. Didn't want to learn. 

17 Didn't want to follow rules, you know. And Jason's just the 

18 opposite. Jason is a very (inaudible), very low key, you 

19 know. Entertains himself. Christopher's just the opposite. 

20 Had to be attended to constantly, But after a couple days he 

21 would calm down and be just like Jason, you know. It was 

22 just that way. She called and just said that she couldn't 

23 handle him. She didn't have -- Debby never had patience not 

24 only with her son, but Debby just didn't have patience 

25 period. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 162 of 185
l 

37 

She didn't have time. Christopher interfered with 

2 her schedule. Christopher interfered with her personal 

3 life. Christopher interfered with her social life. Which 

4 now thinking about it I couldn't see why because she had so 

5 many people to take care of him. She was able to do more 

6 things. I used to be very jealous of her because I was 

7 stuck home with mine. I couldn't go out. I couldn't do 

8 things but she could. 

9 Q Did she tell you that he was interfering with her 

lO social business? 

ll A Yes. Oh, yes. She told us back when we were 

12 still in Phoenix that ha was a problem with her and Ernie's 

13 relationship. And that if she could just find a solution 

14 she and Ernie could be together. 

15 Q When did she tell you that? 

16 A Oh, gosh. I would say -- I would say it was July 

17 like the 28th, the 27th or 28th, It was that week. The 

18 last weekend in July. We were sitting on the stoop waiting 

19 for Ernie and his brother to come and we were talking about 

20 it. I asked her, you know, how her relationship with Ernie 

21 was going and she (inaudible) at that time. She was looking 

22 to move out of Ilsa's trailer because Ilsa, for whatever 

23 reason, Ilsa drinking or whatever, setting the trailer on 

24 fire, what have you. 

25 She was frustrated with her new job because she 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 163 of 185
38 

1 wasn't making right then what she wanted to. And her and 

2 E=ie were having problems. And the problems were 

3 apparently from what she told me were Christopher, And to 

4 me what I got out of that conversation was that (inaudible) 

5 This is your new life and just get in that truck and go. 

6 Don't worry about Christopher. Don't worry about Debby's 

7 problems. Which is what she was trying to do. Exactly what 

8 she was trying to do. 

9 Q She tried to get you to take Chris? 

10 A Exactly. It was -- yeah, it was strictly a ploy. 

11 And I knew it and I'll tell you (inaudible) Christopher was 

12 just like my own, he was -- I mean, you're with a child for 

13 so long and spend so much time with him it's very hard not 

14 to get attached. You know, the boys are only five weeks 

15 apart and then look so much alike it's very very 

16 devastating. It was very hard. I just kept sitting back. 

17 I just kept thinking well hurry up and pull up here so I can 

18 leave because I knew if I sat there any longer I'd say okay. 

19 You know. Because that was me. I'm just as dumb. I can't 

20 say no to anybody either. 

21 But if at that time she had told me she and 

22 E=ie -- like I said I didn't take too much out of it 

23 because she and Ernie were always having problems, typical. 

24 It was typical for her, you know. If something was not 

25 going right with her it was a major catastrophe. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 164 of 185
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

Q 

about the 

39 

In September she says that she was having problems 

he was interfering in her social life and her 

work and her boyfriend. 

A Really her problem was Ernie at that time and I 

asked her she said -- it kind of worked out. She said 

that she and Ernie -- Ernie had gotten offered a job -- I 

believe it was in Colorado but I can't swear to it. She 

said she wanted to go with him. I told her to go for it and 

she says well, I'm just worried about Christopher because 

Mark was out -- I think in prison at that time well, he 

left and she was having a hard time. She said that she had 

sat down with Mark and that Mark said that no, he couldn't 

go with my dad but he could go with me. And so they were 

14 having problems at that time. Mark -- Debby got a peace 

15 bond on him and I don't know what else. But that was 

16 nothing unusual either. They were always fighting too. 

17 Q So when you said that Ernie was going to get 

18 another job -- (inaudible) but Chris couldn't go. 

19 A Ernie had asked her to go. She didn't say that. 

20 She said that Ernie had asked her to go but that he was real 

21 hesitant about taking Christopher. And I asked her, I said 

22 are you sure it's Ernie or you. He's looking for another 

23 way out. And then she got mad and she hung up on me and 

24 called me a week later apologized and said Mark kidnapped 

25 Christopher and that she didn't feel Christopher was safe 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 165 of 185
l anymore. 

When was this? 

A week later. 

Compared to the killing when was this? 

40 

2 

3 

4 

5 

Q 

A 

Q 

A Right. Oh, yeah, it was a week later. It was in 

6 September, a week later. And her mom was on the other phone 

7 and she lives in (inaudible) Now she's making up stuff. I 

8 told her again, I said, look, I said, you know, until you 

9 and Ernie work this out I'll tell you what we'll do. I'll 

10 sit down and try to discuss it with him. And she instantly 

ll was happy. Okay. Ron and I sat down and discussed it and I 

12 called her back and I said mom will be there -- I don't even 

13 remember when my mom was here -- she (inaudible) September. 

14 I said mom will be there in September. If mom is willing to 

15 pay for his plane fare out here when she comes then Ron and 

16 I would be willing to keep Christopher for no longer than 

17 two months until she got her shit together. 

18 

19 

20 

21 

22 

23 

24 

25 

Q 

myself. 

Two months (inaudible) I'm getting ahead of 

(Beep sounded -- nothing further on tape.) 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 166 of 185
41 

1 STATE OB' ARIZONA 

2 COUNTY OB' MARICOPA 

3 

4 

5 

6 

7 

8 I hereby certify that the foregoing pages numbered 

9 1 through 41 inclusive, is a correct transcript from the 

10 record of proceedings in the above-entitled matter. 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Transcriber Date 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 167 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 168 of 185
FROM! PAT GALBRAITH PHONE NO. 623 935 4799 Apr. 25 2000 10:32AM PB 

. , . . 

• < 

(4 SUPERIOR COURT,~TY, 

(_: .. )~ ____ JUSTICE COURT # -..-;,,,,.,,.,.,-_COUNTY, 

. " .... :::. i:/~~~\- ~-~'.'.:,:\:} .· -~- :• . •' . 

STATE OF ARIZONA 

vs 

07fJt ,I( f-/cor'/ }11 t Ike, Defendant 

PETITION 

FOR 

ORDER OF PROTECTION 

(Please type or print in black ink) 

.. l. The Court has jur~sdiction over this cause of action pursuant 

to A.R.S. 13-3602(A) and (K). 

2. The complete names and addresses of the Plaintiff and Defendant 

are: 

PLAINTIFF DEFENDANT 

D,0.:8, • T. SOC. SEC. N . 

fY\ 6~Jt-& I s· /I., I 60 

White:Court Yellow:HCSO Pink:Defend?,nt Goldenrotl:Plaintiff 

]9-()g t 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 169 of 185
FROM: PAT GALBRAITH PHONE NO. 623 935 4799 Apr. 25 2000 10:32AM P9 

~ .. 

(Check 

< ( 

3. The present relationship of the Defendant to the ~1aintif£ 

one) · . ,/ · 

.· ( v') Married: Date of Marriage //) - ::1,J. - S' Y., 

':.. P- If married, has a Petition for Annulment, Legal 

Sepai;ation or Dissolution of Harriage been 

filed by you or your spouse? Yes V No 

is: 

If so, the date the petition was fi'Fea «--~7~q--~,p~-g=. (_) Divorced: Date Divorced was granted _________ _ 

4. Any pending or prior civil or criminal court proceedings or 

orders concerning the conduct sought to be restrained by this petition 

are as follows (State the date the proceeding was started and the type 

of order issued by the court, if any): 

5. The Defendant has committed, and/or may commit, an act of 

"domestic violence" as more specifically described as follows (State 

. speci_fic .acts ._and dates): . . . .. .. . 

>G~r2t- -£f J?Z«cf. Mel 1n71 v2.::2 <// hi" ;s /4,l)lze c 

) 

a:I: _t:L /zc«s(; 1<./01cd 1s h1,,,:-1cJ1? .11/ /1:?lit'C /4 6e · 

· dt119 106sled. ,r friecl k 72el: 11151 ,5'011 ~I:,. 

Lu1flf /Jouce Mere.. , I Gaod /Jltl .)'()O cl f /JJa.r.l ~ 

. re.-s1d/4ce, rwd lr/(•:d k ftZie /21;;1 ,r2,r.,1a~1 Ila/YI 

@1-~ft:;,, u)tJo m~esD~e~~PJ.e m~lf/11/21 a/2u51/1c: 

1 

ctrzd 111MIG 

6. The following p $Ons s ould be 'ncludea within the protection 

of this order because (Provide name, address and brief statement of 

reasons): 

}l/,:;, yrS, 

WHE 

relief: 

.. 899-05 l :2 

(_) 

that the court grant the following 

·order the Defendant not to commit an iact of "dome$tic 

violence" against the Plaintiff or against the property 

of the Plaintiff, 

Order that the Plaintiff be given the exclusive use and 

possession of the residence of the parties at 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 170 of 185
FROM: PAT GALBRAITH PHONE NO. 623 935 4799 Apr. 25 2000 10:33AM P10 :: • 4 

I•• .. _. 

) 

( 

order the Defendant not to come on or near the premises 

of P1a:!.nti££s' 

(2S) Residence <X) · Place of employment 

(_) School 

(')() Other location (specify place and address) 

//t;;,1 JJ ;J1s1.,4k\, 

Order that ~he following perso1;1~ }:>e,;i-nciuded/1,wi/t~in 

the protection of this order (. 1 QI JS'fr.Plit:'.C ~.1, t,.E, I • 

· y;,adi; .{ade/k . Order granting the o~her relief necessary for the pro- tection of the Plaintiff or other persons specified as 

follows (describe protection requested and persons need:!.ng .the_lrotection), , 

:U7:J)!S&jt t :-ar;;"Slatd (IO~" 

Attol--,i,,y' s signature 

3egg.06, :3 Aa-e, 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 171 of 185
FROM: PAT GALBRAITH PHONE NO. 623 Sl35 4799 Apr. 25 2000 10:33AM P11 

) 

• ' . C (. 

V E R I F I C A T I O N 

STATE· OF ARIZONA ) . 

) ss. 

County of Maricora ) 

_.,..{'-'-,_/_,,J,..,h}u. ,__.t""~'.7_,,._J{_l_}l_1,,;e_~_V-......-- ____ , being first duly sworn, 

deposes and says: 

That affiant is the Plaintiff in the above entitled and numbered 

matter and has read the foregoing pleading and knows the contents 

ch~rein co be true of affiants knowledge, except as to those matters 

therein stated upon information and belief, and as to such matters, 

·affiant believes them to be true. 

SUBSCRIBED AND SWORN to bie __ .:::,9--...1,b/..A,:{.,,A-$Ufl....1=--____ 19 . 

me this 7..91/'-tlay of 

My Co expires: 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 172 of 185
Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 173 of 185
," Y-b" '.· ~,,i, ,, I 

' 

DEPARTMENT OF HEALlH sek Js / l 

MARICOPA MEDICAL CENTER (l 2601 E. ROOSEVELT 

PHOENIX, ARIZONA 85008 

TECHNOLOGISTS CO 

ti I IU l )1 L'1 1 , , "-",t:_ 

;U, (~1 lhr1 sfo~A-&t 

(0/z./'8'5 

•------m-c _____ D_O_N_O_T_WR_I_TE_B_E_LO_W_lH_IS_U_N_E_· x---R/i-'/(-0-EP_A_RTM __ E_NT_U_S_E_D_N_I,;_'/( ________ _ 

i 

L 

• 

•\OIOO PIPHIC RU'Ofl'T 

NECK ON 12-3-88: 

Frontal, lateral, There is a soft tissue mass or swelling 

in the neck in the thyroid region mostly on the left side. 

Its displacing the trachea somewhat to the right. There 

seems to be no retrotracheal component. 

"""--------- LeRona, M.D. 

The procedure as listed abow, which requires inlravenous contrast, has been explained lo me and 

I understand !he risks and consent to haw Iha procedure done. 

PTL:td .... ,......... f>• 12.'7/88 

T: 12/12/88 SIONAl'\JRE DATE 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 174 of 185
. :. ·- ... , .... 

TECHNOLOGIST'S COMMENTS I TIME OF EXAM: IS PATIENT PREGNmT? 

~-----m-c _____ D_O_N_O_T_WR_ ITE_B_E_L_OW_TH_IS_U_N_E_·_X_·R/\-Y_D_E-PA_RTM __ E_NT_U_SE_ON_t.:_Y ________ _ 

,..,. 

\ , 

.J 

IIIDIO(IIIIIIPHIC Ml'QllrT 

CT SCAN OE THE NECK ON 12-5-88; 

With IV contrast. There is a large soft t~ssue swelling or 

mass in the left side of the neck at the region of the left 

thyroid lobe. There is no cystic strcture. The trachea is 

shifted to the right. There is also some enlargement of the 

right thyroid lobe. The isthmus is also prominent. The 

enlargement extends down to the thoracic inlet on the left 

side. 

IMPRESSION: 

...,. ________ _ 

Larger soft tissue mass or swelling in the 

left side of the neck. This probably is an 

enlarged thyroid with surrounding soft 

tissue .swelling. 

Petronio 

The procedure as listed above, which /1~.iil,s if.!.ra~~ contras!, has 

I understand lhe risks and consent lo have lhe procei!urd]floeiss, 

PTL: td 0814t<IOR4-38 mr.. 12/7/88 

T: 12/12/88 SJGNATlJRe DATI! 

CHART COPY 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 175 of 185
L 

) 

MARICOPA MEDICAL CENTER 

MILKE, CHRISTOPHER 

124 77 16 2 

DISCHARGE SUMMARY KEVIN ZUERLEIN, M.D. 

DATE OF ADMISSION: 12-04-88 

DATE OF DISCHARGE: 12-22-88 

ATTENDING STAFF PHYSICIAN: KAY MILLER, M,D. 

IDENTIFYING DATA: The patient is a 3 year old Caucasian male who 

resides at 10955 N. 79th Ave. #66, Peoria, AZ 83545. Date of birth 

10-02-85. 

CHIEF COMPLAINT: Neck swelling. 

HISTORY OF PRESENT ILLNESS: The patient is a 3 year old Caucasian mal, 

who was in good health until approximately 1700 hours on the evening 

prior to admission when his mother noticed a red, slightly swollen are, 

on his anterior neck. She states positively that this was not present 

earlier in the day. She denies any trauma or bug bite. She reports 

that since her arrival at the hospital the swellinq has increased as 

has the erythema. She notes a decrease in appetite but denies any 

fever, chills, vomiting or diarrhea. This area is slightly.tender to 

palpation. 

PAST MEDICAL HISTORY: Birth weight 6 pounds, 12 ounce full term male 

· who was in the hospital with his mother for 5 days. Pregnancy was 

uncomplicated. There was a failure to progress and a cesarean sectio 

was done. There were no neonatal problems, no previous 

hospitalization. 

CURRENT MEDICATIONS: None. 

ALLERGIES: NO KNOWN DRUG ALLERGIES. 

IMMUNIZATIONS: Up to date. 

NUTRITION and DIET: Age appropriate, although mother notes that the 

child is a picky eater. 

DEVELOPMENTAL HISTORY: Age appropriate .. 

SOCIAL HISTORY: The patient resides with mother, father and paternal 

grandmother. Means of support, the mother and father both work and he 

does have a baby sitter as a primary caretaker during the day. 

FAMILY HISTORY: Not contributory. 

RECEIIT EXPOSURES: Babysitter does have strep throat. l~o childhood 

illnesses. 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 176 of 185
) ) 

MILKE, CHRISTOPHER 

124 77 16 2 

PAGE 2 

PHYSICAL EXAMINATION: VITAL SIGNS: Revealed a temperature of 37.J, 

pulse 88, respiratory rate 24, blood pressure 114/71, weight 39 pounds, 

height 34 inches. GENERAL: A well developed, well nourished Caucasian 

male i~ no acute distress with an obvious anterior neck mass. HEENT: 

Head was normocephalic and atraumatic .. Pupils equal, round and 

reactive to light and accommodation. Extraocular movements intact. The 

tympanic membranes were clear bilaterally. Nose patent without 

discharge. Mucous membranes in the mouth were moist and the oropharynx 

was clear. NECK: Supple, a 7 X 8 cm firm, nonfluctuate mass, more on. 

the left side of midline with some overlying warmth and erythema. 

There were no other lymph nodes detected. CHEST: Clear to auscultation. 

BACK: No costovertebral angle tenderness. HEART: Revealed a regular 

rate and rhythm without murmur. ABDOMEN: Soft, nontender, no masses 

and no hepatosplenomegaly. GU: Normal males. RECTAL: Rectum patent. 

SKIN: Warm and dry. EXTREMITIES: No clubbing, cyanosis or edema. 

NEUROLOGICAL: Alert and responsive. Cranial nerves II through XII 

intact. Motor and sensory grossly intact. Reflexes 2/4 bilaterally. 

LABORATORY DATA: The complete blood count done on 12-04 showed a white 

blood count of 9.8, 32.9 lymphs, 7.2 monos, 59.9 granulocytes, 

hemoglobin 12.1, hematocrit 35.9, MCV 82.2, platelet count 450,000. 

There was a left shift present. Sed rate done on 12-04 was 48 which 

was elevated above normal of Oto 10. Latex agglutination was negative. 

Thyroid studies showed TSH 0.5 which was within normal limits, T4 12.8 

which was slightly elevated above the 11.5 normal. The urinalysis done 

12-06 was within normal limits. Blood cultures showed no growth after 

7 days. Minor chem profile performed on 12-18 was within normal limits. 

Repeat urinalysis on 12-18 was again unremarkable. Several cultures of 

aspirates of neck mass and drainage were done and these revealed either 

no growth or ultimately staph coagulase negative. CT scan of the neck 

of 12-05 revealed large soft tissue mass or swelling in the left side 

of the neck, probably in the large thyroid with surrounding soft· tissue 

swelling. A neck ultrasound on 12-16-88 showed a relatively 

uperficial transversely oriented inhomogenous and principally soft 

tissue nodules or mass in the lower neck area. It was principally 

solid echoes with scattered cystic areas, margins were slightly ill 

defined. It was felt that there were tissue planes between the 

thyroid. An esophagram was done to rule out a sinus fistula tract and 

this was negative. 

HOSPITAL COURSE: The patient was admitted to the hospital initially to 

the pediatric ward and started on IV DW PMS to keep open and Nafcillin 

450 mg IV q4h, 152 mg per kg per day. The CT scan was ordered on 12-05 

and Chloramphenicol was also started at that time at 75 mg per kg per 

day. Initially the mass decreased in erythema until it arrived at 

normal skin color and decreased somewhat in size, however it did then 

form a solid elevated nodule, more in the anterior midline region of 

the neck and this did not decrease any in size. The patient was doing 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 177 of 185
• 

I ) ) 

MILKE, CHRISTOPHER 

124 77 16 2 

PAGE 3 

well, however at the time this mass consolidated in the anterior neck, 

it was felt he would need incision and drainage and he was scheduled 

for excision of the mass. This was performed on 12-19-88 and it lookec 

to be inflammatory tissue within the sternocleidornastoid muscle. 

The patient did well the 1st day or so after surgery, however it was 

noted that the wound edges were a little bit ragged on 12-21 and that 

there was increased swelling and fluctuantes and surgery was asked to 

look at the wound again. This was then incise~ and drained once more 

and packing were started with new gauze. After the incision and 

drainage, the wound was very clean and dry with very little erythema 

and no swelling. The cultures again did grow out a gram positive cocc 

in clusters and it was felt that the child should be started on 

Augmentin. Mother was on Maricopa Medical Canter health plan and 

arrangements were made for a nurse to come twice daily to change the 

dressings. On 12-27 the patient was doing well, he had good oral 

intake and good urine output, he was afebrile, the wound had very 

little erythema or swelling left and it was felt ~hat he could be 

discharged to home. 

DISCHARGE MEDICATIONS: Augmentin 250 mg for 5 ml to take 4 cc po ti, 

X 14 days. 

FOLLOW UP: The patient is to follow up in the pediatric clinic in 

approximately 3 days and then in the pediatric sur~ery clinic in 5 

days. 

DISC~ ~~S~. 

KEVIN ZUERLEIN, M.D. 

kz:dwxj 154 105 

D: 01-22-89 

T: 01-23-89 

Suppurative thyroiditis wi~h abscess. 

COUNTERSIGNATURE 

Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 178 of 185
I 

l 

MARICOPA MEDICAL CENTER ------· ... )----

2601 E. ROOSEVELT, 1'HOENIX, ARIZONA 86008 ·· 

EMERGENCY DEPARTMENT CHART 

ADMITTING TIME 1 LOG • ADMITTING DATE 

169 12-03-88 

. ,,j"!)_J.j 7 'l /1, ::; 

FIONO . 

BILLING STATUS 

1 0 MARICOPA HEALTH PLAN 

2 • AHcccs - FFs-•·: • LVL1?-N 7 0 OTHER HMO MEMBER 

a• 010 

lAST NAME I I • FIRST INITtAL I SEX I AGE I DATE OF BIRTH 

1 

~CE rAl.,ABS.,SOCIALSEC~~•TYNO. MILKE CHRISTOPHER . M 3 10 2 85 

TELEPHONE NO. l MA:IUNG ADOR~SS (CITY/TOWN. STATE. ZIP) (DIRECTIONAL ADORES~! 

TRIAGE TIME CHIEF COMPlAINT 

2055 NECK SWELLING - X 1 HOUR WITH NO CAUSE PER .PT OR MOM.NO SOB U.C. TIME - MEDS: NONE 

BP PULSE RESPIR TEMP. ;;IT., PPO NOTlFIEO f OFFICER'S NAME AND BAOOE NO. J CUSTODY 134 22 36.0 v,sO No • ' BP PULSE WEIGHT ~, AUERGIES f PCC MO. 3~ ui> NKA 

PRIORITY PAST MEOJCAL H• LAST TElANUS 

UTD 

LN MP 

MENTAL STATUS PUP1LS VISUAL ACUITY TX. PRIOR TO ARRIVAL 

A'7 COl"ls.<:H)US 

R L LEFT RIGHT MAST: ON • INFLATED 0 etoooD 0 Um;oop,e1at1ve c?"o Petl ,o, ;-'1..ae, SPLINTS. D C_SPINE PflECAUTiONS D B.ACXBOARoD D Lelhargic D Comb-alive P,oP<)lot LP HM CF 

D D Miopoi,1100 &: LENSES r INTUBATED • ,..I ft D Conluud 0 Uncorisc,ou5 D D D,tated LEFT RIGHT IVS, D D f1ut<f '"' ,o, 

D D Rnpood,r,,g LP HM Cf LP HM CF 0'0 

' 0 INCOHERENT D SILENT 0 HYSTERICAL 0 SLURRED D orrn,; lRIAGE INTERVENTK)N SPEECH COHERENT 

0 CYANOTIC 0 FLUSHED D RASH 0 PALE D RESTRAINTS SKIN COLOR NORMAL D SPLINTS 

SKIN TEMP. I NORMAL D COOL 0 COLO D WARM 0 HOT D ~ DORY Q DRESSINGS 

BREATH SOUNDS PAE SENT 0 ABSENT 0 ABN,.,RMAL ,c< 

RMII~ ORDERS: DATE. TIME AND SIGN "' ..... ·.i. ............... ' 

.__ [] Throat Cl" . ,-,,Ji '-- [) ·.Audit 

AM.TIME ([' 121~ I~ ,., ;J4. fJ.-P N ~c./::... LJ ._.._-,._ WCI V 

-1..' - 7,,\ ' 2-& .--,M--0'.l. /j V 

·' ,zo ' ,_ 

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'23 ?,, . !IJ.r"Jl1rtL 

'- • -

0 ORDERS CONT. ON BACK SHEET 

DISCHARGE TO CONOITION I FOLLOW-UP STATUS D L'NOCT • HOME • GOOD DATE: TIME 0 0 PVT O PCC • ED 0 MMC-Cl. D A""' • WA OTHER· D FAIR 

;:::::71- ~ .... o I u-6' SER7P,P~ /? TY.. r(U~ , 1 ESTlMATEOSTAY 12, 1111'° D EMERG. D ELECT. D vts D ~ . • / • URGENT 10HO ; 

EXmfo D DOA • , • fAMllY •o)!~,:on PfRSOff NOTIFYlHG 

~,L '1-~ .. l"OORHO~~O : liME, j ~ VUl)O>\ .• 

DATE: TIME· TIME, 0 1 D .: •. 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 179 of 185
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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 180 of 185
r 

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• 

MARICOPA MEDICAL - \cR 

DEPARTMENT OF PE[),, .. rt1CS 

2601 E. ROOSEVELT, PHOENIX, AZ 85008 

PEDIATRIC HISTORY 

and 

PHYSICAL FORM 

Chief Complaint: 

l DATE· / / 11.. 'I';?</ 

I 

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TIME(MILITAAY) 

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REFERREDBY: __ __._ffi"-'-=-------------------~------

HISTORYFROM: __ _.,01£CL.:::::..:.:»':..;_ __________ RELIABILITY: --'-~-'-"0~'--·'-------

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 181 of 185
MARICOPA MEDICAL , )reR 

A Divitlon of M•,icop,11 Cownty 0.,,fftffltnl of Hulllt S.tvi<H 

2601 EAST ROOSEVELT 

~ PHOENIX, ARIZONA 85008 

I 

I 

This form will be vsed by rhe medical staff for: 

PATIENT'S. PERSONAL HISTORY, PHYSICAL EXAMINATION and 

PROGRESS NOTES and DISCHARGE SUMMARY. (In & Out Patients) 

ENCOUNTER 

PATE: 

I z :5 xt 

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PLEASE DATE AND SIGN ALI ENTRIES. 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 182 of 185
' ·1 Oi1<h1rg• Date on Front of Form ) ENCOUNTER PLEASE.DATE AND SIGN All ENTRIES. DATE: 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 183 of 185
w 

MARICOPA MEOICA, fNTEA 

A Di ... ition of M11lcop1 Coc.mr, Dtp1,rtm.,1t of H .. lth S«vic" 

2601 EAST ROOSEVELT 

PHOENIX, ARIZONA 85008 

This form will be used by lhe medical staff for: 

PAllENT'S · PERSONAL HISTORY, PHYSICAL EXAMINATION •nd 

PROGRESS NOTES •nd DISCHARGE SUMMARY. (In & Out Patients) 

ENCOUNTER 

DATE: PLEASE DATE AND SIGN All ENTRIES, 

~ 12 4 17 16° f''2llfUt. . f 

M I L K € CH R I S TO P I! ~ R C ,; , ·.f 

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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 184 of 185
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Case 2:98-cv-00060-RCB Document 99-1 Filed 06/11/02 Page 185 of 185