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PROGRESS NOTES and DISCHARGE SUMMARY. (In & Out Patients) 

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MARICOPA MEDICA( \ ' CENTER 

A Di.,,hlon of Muicop• Covnty Otputmul of H_nlth Hf'Ylctt 

2601 EAST ROOSEVELT 

PHOENIX, ARIZONA 85008 

This form will be vsed by the medical staff for: 

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PROGRESS NOTES and DISCHARGE SUMMARY. (In & Out Pat;ents) 

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MARICOPA MEDICAL CENTER 

2601 EAST ROOSEVELT 

PHOENIX, ARIZONA 8S008 

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2601 EAST ROOSEVELT 

PHOENIX, ARIZONA 85008 

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PROGRESS NOTES and DISCHARGE SUMMARY. (In & Out Patients) 

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260 I EAST ROOSEVELT 

PHOENIX, ARIZONA 85008 

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PROGRESS NOTES and DISCHARGE SUMMARY. (In & Out Patients) 

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Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 33 of 95
Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 34 of 95
ROSENQUIST:ATTY 

IN THE SUPERIOR COURT OF Ttra STATE OF ARIZONA 

COUNTY OF MARICOPA 

STATE OF ARIZONA, ) 

) 

Re&pondent, ) 

) CR 89-12631 

v. ) 

) 

DEBRA JEAN MILKE, ) AFFIDAVIT 

) 

Petitioner. ) 

) 

) 

My name is Dr. Kevin Zuerlein, M.D,, lam over the age of 

eighteen. I have never been convicted of a felony and I am 

competent to ma~e th1s affidavit. I have personal knowledge of 

the facts stated in this affidavit, ana 1f called to testify, 

under penalty of perjury, I would testify to the following: 

l. In 1988 I was a doctor of medicine in my first year of 

psychiatric residence training. I was, as a part of my 

internship, assigned to the pediatric ward of Maricopa Medical 

Center. 

2. I have reviewed the medical records of Christopher Milke, to 

refresh my memory, however, I have an independent recollection of 

him and his mother, Debra Jean Milke, while Christopher was 

receiving treatment at the Mecucal Center, which w<1& £.-om 12-4-

1988 to 12-22-88. I was the intern assigned to Christopher's 

case. 

3. I interacted with Christopher and his mother in the capacity of a pediatric intern. I helped both of them deal with their 

fears, which related to the serious surgery Christopher was to 

undergo, I dealt with both of them before and after Christopher 

under went surgery. 

4. Christopher was treated for a swelling on the front of his 

neck, on his thyroid gland. It was diagnosed as Buppurative 

Thyroiditis. The surgery and recovery were successful and he was 

released in good condition. My involvement ended when he was 

discharged from the hospital. 

5, I interacted with Christopher and his mother, several times a 

day, during the 19 days he was hospitalized. 

6, Baaed on my interaction with them I made the following observations, ano 1:>ased on my training t formed the following 

conclusions: 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 35 of 95 PlJ 
ROSENQU!ST:ATTY 

a. Christopher was well mannered and displayed the usual age 

appropriate developmental milestonee. 

b. During h1s hospitalization, his mother, Debra Milke, was 

very concerned about him. She sought treatment within days of 

noticing a change in his physical cona1tion. 

c. Debra was often at his bedside. 

d. Debra interacted well with the hospital staff. 

e. Debra appeared to be well bonded to Christopher, and 

Christopher appeared to be well bonded to his mother. 

f. There were no abnormalities noted in Christopher and his 

mother's relationship. 

g. Compared to the many other families who's children were 

being treated at the Medical Center, and seen by me, Debra's 

presence and concern for Christopher was above average. 

h. Debra did not display an increased nervousness during any of the questioning involving the hislory and relationship of her 

and her child. 

i, Debra was genuinely concerned for her child. She was 

cooperat1ve, helpful, informative, and pleaeant, throughout 

Christopher's stay in the hospital, 

j, Christopher showed no signs of tailure to progress at a 

normal rate; he appeared to be grow1ng both physically and 

mentally at a normal rate, 

k. Christopher showed no signs of physical or mental abuse, 

Further affiant saith not, 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 36 of 95 Pl2 
.. 

VERIFICATION 

DR. KEVIN ZUERLEIN, M.D., being first duly sworn, under 

penalty of perjury, upon his oath deposes and states: 

That he has read the attached affidavit and all facts 

contained therein (paragraphs 1 - 6 inclusive) are true. 

SUBSCRIBED AND SWORN to before me this _d_ day of October, 

1995, by Dr. Kevin Zuerlein, M.D .. 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 37 of 95
J 

., 

~ -·~(-, 

MARICOPA)MEDICAL 'CENTER.· 

DISCHARGE'SUMMARY 

DATE OF ADMISSION: 

DATE OF DISCHARGE: 

12-04-88 ,, 

12-22-88 . . . 

I . 

I 

I 

I 

.1 

I 

-·,c: 

~- MILKE, CHRISTOPHER 

'---- .. 124 77 16 2 . 

KEVIN.ZUERLEIN, M.D. 

I============ 

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 male 

who was in good health until approximately 1700 hours on the evening 

prior to admission when his mother noticed a red, slightly swollen area 

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 swelling has increased as 

has ~he 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 ·5 pounds, 12 ounce full term male l 

who was in the hospital with his mother for 5 days. Pregnancy was 

uncomplicated. There was a failure to progress and a cesarean section 

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, fa.ther,.and paternal 

grandmother. Means of support, the' mother and father· both'·work and he 

does have a baby sitter as a_. prim~ry caretaker:.duririg,'thec;;.'day: ·. • ·.: . . . . •.. __ ·,,'-•• · . ·-;· - "'(.:-. ,•}.;: C-, :·'. ,,,-_,_·.,_ .. : .- , . 

FAMTLY HISTORY:. Not,contributory. -·::-_ ..... '_.. .. 

RECENT EXPOSURES: .. Babysitter does have:strep throat.· 

illness·es; 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 38 of 95
) 

•· 

) 

•• 

:MILKE, ·c:HRISTOPHER 

·1247716 2 

PAGE 2· 

·. ... .- ' :·-·--_,._,,-. ," ;-·\·:-·· .. _ :_. 

PHYSICAL EXAMINATION: VITAL:SIGNS: Revealed >a.\di:rrip~r'-ature of 37. 3, 

pulse 88, r"espiratory rate>24\ <blo0od pressure 114/71",t,weight 39 poundi 

height 34 _inches.. GENERAL:'~A ;well\ developed,· we:ii ! nourished, Caucasi ar 

male :iri. no -a.cute distress/with,:•an:-,obvious' antericir''riebii:'· ma.ss·. - HEENT: 

Head was normocephalic and a.trauniatic .. · Pupils equal;,,round and 

reactive to, light and accomfobdatiori. • Extraocular/move1ierits j_ntact. ThE 

tympanic membranes were ~-'ci'ear'/bilaterally. Nose.:'-patent without 

discharge. Mucous membranes.in the mouth were moist arid the oropharyn 

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_':ope11>and N_afcillin 

450 mg IV q4h, 152 mg per kg.,peri.i:day;c':The CT ·scan""tias'.dr~e·red '·ori ,12-05,; 

- and Chloramphenicolwas· als:C,'st:a/ted at that,:'.timejat//i,sfiμg(per\kg'per ---••·- • o . - '"' '-',',• .,.,,-j''•~".·•''-' ·-··• '.,,_: ••.· ''•C·-<a·,':'·', ·,•:•':,,.,••'·-_._.",,.f•/'•~-L-~•~••"•-••·• ,• daY, .. · ... _Inl. tia_lly,,the '.·m<!SS'(d~c_?,::ea,sedi.l.n)cerytliemai{Ullt:Z.l{it ,,arrived at _· 

_· norinal isk'in'' color··ai-icf.•cie'Cre'a's ed°;,lli;ornewha t 1iri 'tsize';i/holieve'i:!}it 'did ···then · · .. - • -~-\ · •• ·£:a;.'c~-' <· .;, ,,:'•-,':-;\;"-\':f'".>°/"''•··"'---,-,,--" •,'·,.•-·-.·.-·,,. __ ,_,J-,,,-';-.•c'.:• •'_.·;~cc'-'.·•_ • _ 

. ___ form/a, solidc;elevated·nodule/f,imore~in cthe<•ariterior/midline region of 

.. the neck' and ·this did 'no'tjdecreas'e>any in . size a YThJC:paf:i:kri t W~S ·_ doing 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 39 of 95
) 

MILKE, CHRISTOPHER 

124 77 16. 2 

PAGE 3 

well, however at the time thi~•imas~''il~~solid~ted in th~ J'nt~rior neck, 

it was felt he would need inci;i611tand drainage, and h.e was scheduled 

for. excision oi the mass. This'.,waslperformed on' 12-19-:-88 '.and· it looked 

to be inflammatory tissue within ·J:he s ternocleidomastoid ;muscle. 

The patient did well the lst'.'day.·orjso 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 flu.ctuantes and surgery was asked to 

look at the wound again. This was then incised 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 cocci 

in clusters and it was felt that the child should be started on 

Augmentin. Mother was on Maricopa Medical Center 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 that he could be 

discharged to home. 

DISCHARGE MEDICATIONS: Augmentin 250 mg for 5 ml to take 4 cc po tid 

X 14 days. 

FOLLOW UP: The patient is to follow up in the pediatric clinic in 

approximately 3 days and then in the pediatric surgery clinic in 5 

days. 

DISCHARGE DIAGNOSIS: 1. Suppurative thyroiditis with abscess .. 

KEVIN ~Eiy!: ~ kz:dwxj 154 

D: 01-22-89 

T: 01-23-89 

105 

COUNTERSIGNATURE 

I 

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Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 41 of 95
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l 

t 

1 

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6 

7 

] h' TJir: Sl.'PERIOR ('(;!_'RT Of Tl!E ST,:\T[ or ,,RIZOX.\ 

IN ,;N[l FOR THE COUNTY Of 'J.'.RICOP.\ 

ST.:\TE •lF .'.RI20NA, 

PL\Itl'TIIT, 

\

~ r.• •' . 

9 ,1 :'-i~JES LYNN GTYERS, 

JO OEFElW.\NT. 

----- ·-------·------------ 11 

12 

Phc1enix, .:\ri zona 

13 October 29, 1990 - October JO, 1990 

l..J 

lS 

16 BEFORE: THE HONORABLE PETER T. D'~XGELO, JCDGE 

17 

18 

19 

20 

21 

22 

25 

REPORTER'S TRANSCRIPT OF PROCl::EDINGS 

TESTI~ONY OF JAMES LYNN STYERS 

L!SA \'ITOFF 

OFFICIAL COURT REPORTER 

LIS.J, \'.[TOFF, RPR 

/ 

] 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 42 of 95
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A P P E A R A N C E S 

FOR THE PLAINTIFf: 

MR, NOEL LE\'Y, 

Deputy County Attorney 

FOR THE DEFENDANT: 

MR. JESSE MIRANDA, 

Attorney at Lai; 

WITNESS: 

STYERS, cTames 

I N D E X 

EXAMIN.\TION: 

direct 

cross 

redirect 

LISA l"ITOFF, RPR 

SUPERIOR CO!"RT 

P.'.\GE NO. : 

3 

75, 119 

145 

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P R O C E E D I N G S 

(The following proceedings were held in open court:) 

J.'-MES LYNN STYERS, 

called as a witness herein, having been first duly sworn, 

was examined and testified as follows: 

THE COURT: Take this seat, please. Katch 

your step, pull the microphone up. 

DIRECT EXAMINATION 

BY MR. MIR.:..ND.:..: 

Q Would you state your name, please? 

A James Styers. 

Q Jim, your middle name is Lynn? 

A Yes, it is. 

Q Jim, if you don't understand any of m~' 

questions, I want you to ask me to clarify them, the 

questions, will you do that? 

A Yes. 

Q Jim, you know Debra Milke? 

A Yes, I do. 

Q Do you know Chris Milke? 

L·IS.'4 l'ITOFF, RPR 

3 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 44 of 95
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1 Q Why were you give -- and it was giving 

2 money, wasn't it? 

3 

4 

5 

6 

A 

Q 

A 

Q 

Yes. 

Why were you giving Debra money? 

Nobody else would, everybody disowned her. 

Jim, the next letter that we have is from 

7 February 24th of 1990. Again, you start off with Dear 

8 Debbie, and you write, I hate Roger too. In fact, I 

9 don't know what words that would be bad enough to use to 

10 say what I think of him. Your benefits book is probably 

11 how he got his information, but I never saw him look at 

12 it. I told him no for the $250 also. He needed it for 

13 his Social Security apparently it's suppose to be 

14 lawyer? 

15 

16 

17 time? 

18 

19 

20 

21 

A 

Q 

A 

Q 

A 

Q 

Yeah. 

What do you think of Roger at this point in 

Right now? 

Yeah. 

I can't sai•. 

You talk about the benefits booklet. Were 

22 you aware that the benefits booklet was in the house? 

23 

24 

25 

A 

Q 

A 

Yes, I was. 

And how were you aware of that, Jim? 

Debbie come home with it and we went over 

LISA VITOFF, RPR 

SUPERIOR COURT 

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1 it. 

2 Q So, you and Debbie went over the benefits 

3 booklet, before she filled out the form? 

4 

5 

6 

A 

Q 

A 

Yes. 

You helped her fill out the form? 

No, I didn't help her fill it out. She 

7 filled it out herself. 

8 

9 

10 

Q 

A 

Q 

Were you helping her along, talking to her? 

I was talking with her, yes. 

Were you aware that there was a $5,000 

11 insurance policy? 

12 

13 

14 

15 

A 

Q 

A 

Q 

Yes, I was. 

Would you kill Christopher Milke for $5,000? 

No, I would not. 

When you and Debra talked about the $5,000 

16 insurance policy that was issued, or was being paid for, 

17 did you talk about killing Christopher Milke? 

18 

19 

A 

Q 

No, we did not. 

Did you ever talk with Debra Milke about 

20 killing Christopher Milke? 

21 

22 

A 

Q 

No, I did not. 

Did you ever discuss it or was there ever 

23 any discussion between you and Debra Milke which could be 

24 interpreted as you talking about killing Christopher? 

25 A No, there was nothing. 

LISA VITOFF, RPR 

SUPERIOR COURT 

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Q 

the $5,000 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

So, just so I understand, you were aware of 

Yes. 

that Debra requested. 

Do you regularly apply for life insurance? 

Do I apply for life insurance? 

Yes. 

Got life insurance for my kids. 

Which kids? 

Jeff, Chris, Heather and Wendy. 

Is it for more than $5,000? 

I believe so. 

Okay. Next in here you talk about, you say, 

14 I quote, I told him no for the $250 also. He needed it 

15 for his Social Security lawyer. 

16 What was that about? 

17 A 

18 disability. 

19 

20 

21 lawyer. 

22 

23 

24 

25 

Q 

A 

Q 

A 

Q 

A 

He was trying to get Social Security 

What did he need $250 for? 

To, I guess, like an advance payment to the 

He had talked to you about it? 

Yes, he talked --

He had asked you for the $250? 

Yes, he did. 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

61 

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1 Q 

2 the $250? 

3 

4 

A 

Q 

What did you tell him when he asked you for 

That I don't have it. 

What was his reaction to you when you told 

5 him I don't have $250 to give you? 

6 A Well, he knew if I had it I'd probably would 

7 have gave it to him. So, he asked Debbie. 

8 

9 

Q 

A 

Q 

A 

Q 

How do you know he asked Debbie? 

I was there. 

What did Debbie tell him? 

No way. 

Why would Roger Scott ask Debra Milke for 

10 

11 

12 

13 $250, when apparently she was well aware she didn't care 

14 for him? 

15 

16 

A 

Q 

Because he needed the money. 

Did you ever agree with Roger Scott to give 

17 him $250 if he would kill Christopher Milke? 

18 

19 

A 

Q 

No, I did not. 

Did you ever agree with Debra Milke to pay 

20 Roger Scott $250, or for that matter any amount of money, 

21 to kill Christopher? 

22 

23 

A 

Q 

No, I did not. 

Were you hurting for money so badly that you 

24 would kill Christopher Milke for $5,000? 

25 A No, I was not. 

LIS.~ VITOFF, RPR 

SUPERIOR COURT 

62 

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1 

2 

3 

4 

5 

6 

Q 

A 

Q 

A 

Q 

A 

Did you know his wife? 

Yes, I did, 

Did you know his wife very well? 

How do you mean very well? 

Did you and Roger and his wife get together? 

Oh, yeah, once in a while we'd be at their 

7 house somewhere. 

8 

9 basis? 

10 

11 

12 Scott? 

13 

14 

Q 

A 

Q 

A 

Q 

15 into Roger? 

16 

17 

18 Jim? 

19 

20 

A 

Q 

A 

Q 

You were able to call her on a first name 

Yes, 

When had you last started contact with Roger 

About a year before this came up, 

So, about 19- -- late 1988 you again ran 

Yes, I did. 

This was the boat show, where he was with 

Yes, it was some kind of a show. 

After that, what kind of contact did you 

21 have with Roger Scott? 

22 A He'd call me every once in a while, need a 

23 ride somewhere. Every once in a while we'd go out. 

24 

25 

Q You bought a gun, a revolver for Roger 

Scott; is that right? 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

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4 

5 

6 

7 

A 

Q 

A 

Q 

A 

Q 

A 

Yes, I did, 

You bought that in late November? 

Yes. 

How much did you pay for that revolver? 

$20. 

Why would you buy Roger Scott a gun? 

Because he wanted one and I had one already, 

8 so I was going to go out shooting. 

9 

10 

11 

Q 

A 

Q 

You were going to go out shooting? 

Yes. 

You by yourself, you and Roger Scott, you 

12 and Roger Scott and others; who? 

13 

14 

15 

16 

17 

A 

Q 

A 

Q 

A 

Roger and I and maybe Jim Wallford, 

Jim Wallford liked guns? 

Yes, he does. 

As much or more than Roger Scott? 

Yeah, I think so. I think he likes them 

18 more than I do, 

19 Q Had Roger Scott ever had any other firearms 

20 that you"re aware of? 

21 

22 

23 

24 

25 

A 

Q 

A 

Q 

A 

Yes, he did. 

What firearms did he have before? 

He had a .22 rifle. 

And how do you know he had a .22 rifle, Jim? 

I've seen him shoot it. I've seen it at his 

LISA FITOFF, RPR 

SUPERIOR COURT 

68 

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1 house, I've taken it from him once, 

2 Q Why would you -- did you take it from him? 

3 A Because he was drunk and he was going to 

4 shoot his wife. 

5 

6 

Q Did you --

MR. LEVY: Objection. I couldn't foresee 

7 this irrelevancy coming. I believe it's not probative of 

8 anything. Ask that it be stricken. 

9 THE COURT: Overruled, the answer may 

10 stand, 

Q BY MR, MIRANDA: Jim, had you ever talked 

Roger about his -·- him firing weapons? 

A Not really talked to him, no. 

Q Did he ever say anything about firing the 

gun? 

A He liked them. He said he liked to do it. 

11 

12 

13 

14 

15 

16 

17 lie said -- he has talked to me about times he has fired 

18 the guns, shooting them down the alleys, and his mother 

19 verified that, 

to 

20 

21 

22 

Q In your opinion, does Roger Scott appreciate 

well, strike that question. 

Has Roger ever fired the weapon, in your 

23 presence, in a manner which was unsafe? 

24 A Yes, he has. 

25 Q When he fired the weapon as you've just 

LISA l'I-TOFF, RPR 

SUPERIOR COURT 

69 

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1 indicated, was there any concern by Roger about the 

2 safety of anyone around him? 

3 

4 

ll. 

Q 

No, there wasn't. 

Jim, you called John after or towards the 

5 end of Debra Milka's trial? 

6 

7 

8 

9 

10 

11 

12 

13 

14 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

Yes, I did. 

What's John's last name? 

Is it Ciulla? 

He testified earlier today? 

Pardon? 

He testified earlier today? 

Yes, he did, 

What did you tell John in that conversation? 

First off, I asked him what about what all 

15 he said in Debby's trial. I asked him what he thought of 

16 the findings, So, it was after the trial was over 

17 because Debby was already found guilty. And I told him I 

18 thought it was a set-up, and I have a feeling that Mark 

19 was involved with it, Mark and Roger Scott. 

20 Q Did you tell John anything about Christopher 

21 wearing tennis shoes? 

22 A Yes, I did. The newspapers said that 

23 Christopher was wearing tennis shoes and I knew he was 

24 

25 

wearing his cowboy boots. 

Q You know that when Christopher walked out of 

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SUPERIOR COURT 

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} 

25 

the apartment, on December 2nd, he was wearing the cowboy 

boots? 

A Yes, I do. 

Q Do you remember what Roger Scott was wearing 

that day, as far as footwear is concerned? 

A No, I do not. 

Q Did you ever tell John that you saw Mark at 

the wash or near the wash? 

A No, I did not. I didn't see anybody at the 

wash. 

Q 

Murphey 

Do you remember the incident that Pat 

spoke about, with the four-by-four motorized 

truck? 

A There was a couple of incidents. 

Q Did you hear Patrick Murphey testify that he 

went to your apartment, he heard Christopher crying in 

the bedroom, and you walking down the hall? Do you 

remember that? 

A Yes. 

Q Did you ever spank or physically strike, in 

any shape, way or form, Christopher Milke? 

A No, I did not. 

Q Was he crying that day? 

A Yes, he was. 

Q Did that, did that occur as Patrick Murphy 

LIS.Ji VITOFF, RPR 

SUPERIOR COURT 

71 

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1 .related it? 

2 A Well, he was crying as Pat come in and 

3 everything. If I said that I spanked him and enjoyed it, 

4 I was just kidding anyway though. I won't say I didn't 

5 say that, 

6 Q Do you remember saying it? 

7 A No, I don't remember it. 

9 

10 

11 

12 

13 

14 

15 

16 

state? 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

Jim, you were planning on moving from this 

Yes, I was. 

Where were you going to move to? 

I was thinking about going to Wyoming. 

Who did you talk to about moving? 

Debbie Pickinpaugh, 

Debbie 

Uh-huh excuse me, Sandy Pickinpaugh, 

17 Debby's sister. 

18 

19 

Q Did you talk to John and Karen about it? 

Yes, I did. I also talked to Ron about it, 

20 Sandy's husband. 

21 

22 

23 

24 

25 

Q 

Q 

A 

Q 

Why were you going to move out of state? 

I was tired of this state. 

Weren't you concerned about Debra? 

No, she was all right. 

Well, you were going to move out of the 

LISA VITOFF, RPR 

SUPERIOR COURT 

72 

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1 apartment; correct? 

2 A Yes, I was. 

3 Q Weren't you concerned about what Debra was 

4 going to do, as far as a place to live? 

5 A She was getting an apartment in Januar::,•. 

6 Q This was the apartment that she told you 

7 close to closer to work? 

8 A Yes, it was. 

9 Q When did you start talking about moving 

10 of state? 

11 A Well, it was right after sandy and her 

12 husband moved to Wyoming. 

13 

14 

Q 

A 

When was that? 

When they had got married in November, 

15 something like that, October maybe. 

16 

17 

18 

19 

20 

Q 

A 

Q 

A 

Q 

21 permanently? 

You got along well with Sandra? 

Yes, I did. 

You got along well with her husband Ron? 

Yes, I did. 

Were you going to move to Wyoming 

was 

out 

22 A No. I was going up to just find out if I 

23 wanted to stay there or not. I talked to my wife about 

24 it too. 

25 Q Karen Styers? 

LIS.i\ \!ITOFF, RPR 

SUPERIOR COURT 

73 

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) 

1 

2 

A 

Q 

3 to that? 

4 A 

Yes. 

What did Karen -- what was Karen's reaction 

Well, she thought it would be all right if 

5 it worked out okay. 

6 Q Jim, just a couple of points: One, why, if 

7 you bought the gun towards the end of November, did you 

8 not give the gun to Roger Scott before December 2nd? 

9 A Because I hadn't really seen Roger anymore 

10 in there, And when I talked to him on the phone, he had 

11 said he didn't want to take it on the bus if he came 

12 over. 

13 

14 

15 

Q 

A 

Q 

16 were there? 

17 

18 

19 

A 

Q 

A 

How many years did you serve in Vietnam? 

I spent 16 months in Vietnam. 

Did you receive any decorations while you 

Yes, I did, 

What were those decorations, Jim? 

I don't remember what they all are. Combat 

20 ribbons, they're Vietnamese Cross of Gallantry, with a 

21 cluster, 

22 Q Is that -- is there an equivalent in U.S. 

23 ranks? 

24 A That's suppose to be next to the Metal of 

25 Honor in the U.S. 

LISA l'ITOF'F, RPR 

SUPERIOR COURT 

74 

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) 

) 

1 Metrocenter, didn't you? 

2 

3 

4 

5 

6 

A 

0 

A 

Q 

A 

7 Roger too. 

8 

Yes, I did. 

He believed you, didn't he? 

Yes, he did. 

That's why he went along, isn't that so? 

Yes. He also knew we were going over to get 

MR. LEVY: Your Honor, I don't believe I 

9 posed a question. 

10 THE COURT: Mr. Styers, please answer the 

11 question, not volunteer any information. 

12 

13 

14 

15 

16 

17 

Q 

A 

Q 

A 

Q 

THE WITNESS: All right. 

BY MR. LEVY: You hear voices, don't you? 

Yes, I do. 

You hear children's voices, don"t you? 

Yes, I do. 

And this is a -- started off when you hear 

18 children crying? 

19 

20 

A 

Q 

21 didn't he? 

A 

0 

Yes. 

Christopher Milke, from time to time, cried, 

Yes, he did. 

And when you hear children's voices crying 

22 

23 

24 then, you hear these voices of children and women in your 

25 dreams, don't you? 

LISA VITOFF, RPR 

SUPERIOR COURT 

76 

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} 

1 

2 

3 

out of 

A 

Q 

A 

Q 

your 

A 

Yes, I do. 

You can't sleep then, can you? 

No, I can't. 

And so your doctor -- you tried to put them 

mind, don't you? 

Yes, I do. 

4 

5 

6 

7 Q Now, Christopher Milke, you had to take care 

8 of him a lot, didn't you? 

9 

10 

A 

Q 

Yes. 

And you had to take care of Christopher 

11 Milke all day long while Debra Milke went to work? 

12 

13 

A 

Q 

That's right. 

And then during the romance with Ernie 

14 Sweat, he would come over Friday and you wouldn't see 

15 Debra Milke until either Saturday or Sunday? 

16 

17 

18 

19 

A 

Q 

A 

Q 

20 Christopher? 

21 

22 

A 

Q 

That's right. 

They spent the weekend together? 

That's right. 

And you had to stay and take care of 

Yes. 

Khen Ernie Sweat came to pick up Debra 

23 Milke, he would cry and hang on to Debra Milke because he 

24 knew that his mother would be going away for the weekend 

25 with Ernie Sweat? 

LISA \!ITOFF, RPR 

SUPERIOR COURT 

77 

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) 

1 

2 

A 

Q 

Sometimes, 

And that crying of a child produced dreams 

3 to you, and you dreamt of children and women in Vietnam? 

4 

5 

A 

Q 

No, I did not. 

You don't tend to dream and be bothered by 

6 the crying of children and women from Vietnam? 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

17 it, is it? 

18 

19 

A 

Q 

20 don't you? 

21 

22 

A 

Q 

23 isn't it? 

24 

25 

A 

Q 

I do have that problem. 

And it's initiated by children crying? 

No, it is not. 

I thought you just testified that it was? 

I did not. 

I see. 

You're so wrong. 

You have a memon• problem? 

Yes, I do. 

And it's not really a problem though, isn't 

Yes, it is a problem. 

Actually you have at least average memory, 

No, I do not. 

Your memory is a memory of convenience, 

No, it is not. 

You only remember what's convenient to you, 

LISA VITOFF, RPR 

SUPERIOR COURT 

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2 

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6 

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10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

) 

25 

don't you? 

A No, I do not. 

Q If you don't wish to remember something then 

you say you don't remember, ie that eo? 

A No, it is not. 

Q Isn't that what you told your own defense 

counsel upon his direct examination several times? 

A No, it is not. 

Q You"re the one who is on trial here, aren't 

yo9, Mr. Styers? 

A Yes, I am. 

Q And it is significant to you that in 

testifying before this jury, it is significant to you as 

to what you say or don't say, isn't that eo? 

A Yee, it is. 

Q Now, you went to Metrocenter and you spoke 

for a long time with an Officer Corey, did you not? 

A I don't know what his name is. 

Q You saw him testify here, don't you 

remember? 

A Yee, I do. 

Q Is that the Officer --

A Yes, I don't know his name is though. 

Q You spent a long time with him, from late 

afternoon until late evening, until Detective Yost came, 

LISA VITOFF, RPR 

SUPERIOR COURT 

79 

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) 

1 mentioned if you were of age, with regard to Vietnam, and 

2 you related to him certain things about Vietnam, did you 

3 not? 

4 

5 

A 

Q 

Yes, I do. 

You related it was necessary to kill women 

6 and children in villages. Is that what you said? 

7 

8 

A 

Q 

9 is that so? 

10 

11 

12 

13 

14 

15 

A 

Q 

A 

Q 

A 

Q 

Yes, I did. 

That just came to your mind spontaneously, 

Yes. 

Killing women and children? 

Yes. 

Killing children? 

Yes. 

And is that because it was a recent event 

16 that you partook 

17 

18 

19 

20 

A 

Q 

A 

Q 

No. 

-- killing children? 

No. 

And then you asked Officer Corey, in part of 

21 the give and take, do they think I did it or something. 

22 Did you not? 

23 

24 

A 

Q 

I asked if they think I was involved, yes. 

During all of this period of time, he was a 

25 uniformed police officer and carried a gun? 

LISA VITOFF, RPR 

SUPERIOR COURT 

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1 

2 

3 

4 

5 

6 

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8 

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10 

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12 

J 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q Did you not go to the car and get the gun 

and the shoes out and give it to Roger Scott and tell him 

to get rid of them? 

A No, we did not. 

Q But simply walked through the parking lot, 

and you knew he was going on the bus? 

A Yes. 

Q And knowing that he went on the bus, 

nevertheless, you never told Officer Corey or Detective 

Yost, or for that matter Detective Masino, that 

purportedly Roger Scott shot Christopher; is that 

correct? 

A No, I did not. 

Q In the meantime, you, according to this 

version, would have known that Christopher Milke lay 

unburied in a wash, in a desert, in a remote desert 

location, is that so? 

A Yes. 

Q Then you also told Detective Masino, did you 

not, that you heard children's voices and you heard 

crying, noises, and you heard them last night? 

A Probably. 

Q If you talked to Detective Masino at about 

1:10 in the morning, then last night would have probably 

been Saturday night, is that so? 

L,ISA VITOFF, RPR 

SUPERIOR COURT 

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2 

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f. 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A No. 

Q Those crying voices was the voice of 

Christopher Milke, was it not? 

MR. MIRANDA: Objection, your Honor. 

THE COURT: State your objection. 

MR. MIRANDA: It's argumentative. 

THE COURT: Overruled, 

THE WITNESS: No, they were not. 

Q BY MR. LEVY: What did Christopher Milke say 

just before he was shot Mr. Styers? 

A I have no idea. 

Q What were the last words you ever heard out 

of Christopher Milke's mouth? 

A I have no idea. 

Q And then Detective Masino also taped this 

conversation, did he not? 

A Somebody taped it. 

Q You saw it was moved into evidence here, 

microcassette tape, did you not? 

A I saw a tape, yes. 

Q Then at the end do you recollect Detective 

Masino asking and answering, okay, that's all you 

remember about today? Yeah. 

Do you remember that? 

A No, I don't, 

LISA VITOFF, RPR 

SUPERIOR COURT 

98 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 63 of 95
1 evidence, your Honor. 

2 

3 

4 

5 Q 

THE COURT: What? 

MR. LEVY: I need to show some objects. 

THE COURT: Just show them. 

BY MR. LEVY: I show you Exhibit 138. Is 

6 this your gun, Mr. Styers? 

7 

8 

9 

10 

11 

12 

A 

Q 

A 

Q 

A 

Q 

No, it i sn" t. 

It is not your gun? 

No, it i sn " t . 

You just testified earlier 

That is Roger's gun. 

Let me rephrase that. Did you purchase this 

13 gun, Exhibit 138, in about mid-November from a Steve 

14 Hicks? 

A 

Q 

A 

Q 

A 

Q 

15 

16 

17 

18 

19 

20 

21 

22 

purchased 

23 Q 

it 

Yes, I did. 

And you gave him a postdated check? 

Yes, I did. 

This is the gun you purchased? 

It's one of them. 

And so when you purchased this gun, you 

for you, James Styers, at that time? 

No, I did not. 

You did not. Did someone instruct you to 

24 purchase this? 

25 A No, they did not. 

LISA VITOFF, RPR 

SUPERIOR COURT 

101 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 64 of 95
1 Q You just purchased it, and you gave your 

2 check; is that correct? 

3 A Yes, I did. 

4 Q I show you Exhibit 120, these Nike tennis 

5 shoes. Do you recognize them? 

6 

7 

8 

9 

\'OUr 

A 

Q 

shoes? 

A 

No, 

Are 

I'm 

I do not. 

you admitting 

denying they 

or denying that these are 

are my shoes. 

10 Q You said to your defense counsel that the 

11 tennis shoes in the car were Nikes and they were yours. 

12 Do you recollect --

13 

14 

15 

16 

A 

Q 

A 

Q 

Yes, I do. 

Do you now change your testimony? 

I do not. 

Are you aware that 1ihen the white Toyota 

17 automobile was searched that there were no such tennis or 

18 tennis shoes in that car? 

19 

20 

A 

Q 

I know it now, yes, I do. 

Showing you Exhibit 108, specifically, the 

21 check for $80 from James Styers to Steve Hicks dated 

22 December 1, 1989. Is that your check? 

23 

24 

A 

Q 

Yes, it is. 

And that's the check you paid for the gun, 

25 being Exhibit 138 that I just showed you? 

L,ISA VITOFF, RPR 

SUPERIOR COURT 

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} 

\ 

' 

1 

2 

3 

4 

5 not? 

6 

7 

A 

Q 

A 

Q 

A 

Q 

Yes, that was one of the guns. 

There was more than one gun; correct? 

Yes, there is. 

You already had a gun besides that, did you 

Yes, I did, 

The guns that you had were, one of them was 

8 Exhibit 137, this chrome .22 revolver; is that correct? 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

the 

able 

with 

one 

to 

A 

Q 

A 

Q 

A 

Q 

A 

Q 

A 

the 

Q 

A 

Q 

A 

Q 

Let me see it better. 

No, I won't show it to you. 

Let me see the handle, No, that's, that's 

I bought with it. 

So, this is your gun? 

Doesn't really look like my gun. No. 

You denying or admitting it's your gun? 

If I could see it a little better I'd be 

tell you. 

Do you see it? 

Yes, that's my gun. That's the one I bought 

other one, 

You 

Yes, 

You 

Yes, 

You 

kept it in this brown sock? 

I did. 

kept it in your closet? 

I did. 

kept it in your closet 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

as shown in 

103 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 66 of 95
1 Exhibit 87, at the top shelf? 

2 A Yes. 

3 Q You kept it loaded as per Exhibit 141, is 

4 that so? 

5 A I didn't have it loaded all the time, but I 

6 did at that time, yes. 

7 

8 

9 

10 

11 

12 

l 13 

Q 

Milke was in 

A 

Q 

gun and this 

A 

Q 

A 

Q 

You kept it loaded even though Christopher 

the house, as well as your daughter Wendy? 

Yes, I did, 

And in addition, you owned Exhibit 136, this 

holster. Do you see it? 

Yes, I do. 

Is this your gun? 

Yes, it is. 

You also kept it in the top shelf of your 

14 

15 

16 

17 

18 

closet, is that so? 

19 so? 

20 

21 

A 

Q 

A 

Q 

Yes, I did. 

You kept it as shown in Exhibit 86, is that 

Yes. 

In addition in your -- this is your closet 

22 per 85, is it not? 

23 

24 

A 

Q 

25 correct? 

Yes, it is. 

The guns were up here in the shelf; is that 

LISA VITOFF, RPR 

SUPERIOR COURT 

104 

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1 

2 

A 

Q 

Yes, it is. 

The clothing in your closet, besides yours, 

3 are the clothing of Debra Milke'a; is that correct? 

4 

5 

A 

Q 

Yea, they are. 

There was no room in the other closet in the 

6 other room where she slept because the closet was full of 

7 Gail's clothing, is that so? 

8 A It was Gail's, Wendy's and Christopher's 

9 clothes in there. 

10 Q So, she had to put your clothes in your 

11 bedroom closet? 

12 

13 

A 

Q 

14 correct? 

15 

16 

A 

Q 

Yes, she did. 

Along with her other things; is that 

That's right. 

Showing you Exhibit 147, the .22 long rifle 

17 Stinger ammunition, you've seen this before, have you 

18 not? 

19 

20 

A 

Q 

I believe so. 

It was in the glove compartment of Debra 

21 Milke's car; is that correct? 

22 

23 

24 

A 

Q 

A 

Is that the ones that were in it? 

You said you knew. 

I don't know if those were in it or not. I 

25 had shells at the house too. 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

105 

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1 

2 

3 

4 

5 

6 

7 

8 

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12 

J 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q You knew howiver there were .22 CCI Stinger, 

box of Stinger ammunition in the glove box of the car? 

A Yes, I do, 

Q You put them in there? 

A Yes, I did. 

Q Or did Debra Milke put them --

A I put them there. 

Q Who purchased them? 

A I did. 

Q Or did Debra Milke? 

A I did. 

Q Did you together? 

A No, 

Q .22 Stinger CCI ammunition, you knew that to 

be hypervelocity, did you not? 

A Yes, I did. 

Q Has more impact; correct? 

A Yes, it does. 

Q More killing power; correct? 

A Probably. 

Q Normally at your house you kept Super X long 

rifle .22 ammunition, did you not? 

A No. 

Q You did not? 

A I had both there, 

LISA VITOFF, RPR 

SUPERIOR COURT 

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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

.. 13 t 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q 

as well? 

A 

Q 

A 

Q 

A 

Oh, you kept this Stinger ammunition there 

Yes, I did. 

Where did you keep it? 

Kept it with the guns. 

In your closet? 

Yes. 

Q For what reason did you put it in the glove 

compartment, knowing that Christopher Milke was going to 

be going to see Santa Claus that day at Metrocenter? 

A Because they were going with the guns to 

Roger's. 

Q Yes. And you already testified on direct 

examination, Mr. Styers, that according to you, Roger 

Scott was careless with guns, shot at people, shot in the 

alley, shot in an unsafe way, yet you took the gun on 

that day, with Christopher Milke with you in the car, to 

take the gun to Roger Scott. Is that so? 

A Yes, that's right. 

Q And that if that's so, Mr. Styers, you claim 

that you never went into the house of Roger Scott but 

only stayed in the parking lot, you talked for a while, 

he got in and you drove off; is that correct? 

A Yes, that's right. 

Q Yet you could have easily, according to your 

LIS.li l'ITOFF, RPR 

SUPERIOR COURT 

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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

> 13 ; 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

version, have insisted, under these conditions, that he 

take that gun into his house, but you forgot to mention 

that, or what, Mr. Styers? 

A No, Roger wasn't drinking at the time, so he 

was all right. 

Q So, it's perfectly all right to have the 

gun, that you claim suddenly to give him that day for no 

known reason, and also have the box of .22 Stinger 

ammunition in the glove box; is that right? 

A No. 

Q But you did have the .22 Stinger ammunition 

in the glove box, did you not? 

A Yes, I did. 

Q You testified on direct examination, Mr. 

Styers, that when you got out of the car at the wash, 

99th Avenue north of Happy Valley Road, that's where the 

gun was in the glove box. 

A Yes. 

Q And the gun then was in the glove box per 

Exhibit 74 and 75, with the Stinger ammunition? 

A Yes, it was. 

Q And the Stinger ammunition was covered up 

with a this Cardinals child's logo shirt; correct? 

A Yes, it was. 

Q So, you knew then in the same glove box was 

LISA VITOFF, RPR 

SUPERIOR COURT 

108 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 71 of 95
1 a gun and ammunition, and Christopher Milke, age four, in 

2 the same car with Roger Scott, whom you claim to be 

3 unsafe; is that correct? 

4 

5 

6 

7 

8 

9 

10 

A 

Q 

A 

Q 

Q 

No. Roger Scott was safe at the time. 

Now he's safe? 

He was at the time. 

When did he become safe, Mr: Styers? 

MR. MIRANDA: Objection, argumentative. 

THE COURT: Sustained. 

BY MR. LEVY: Mr. Styers, on the way back 

11 from the wash, it was you and Roger Styers in Debra's 

12 car; is that correct? 

13 

14 

15 

16 

A 

Q 

A 

Q 

Roger Scott, yes. 

Roger Scott was driving? 

Yes. 

And the route back, I show you Exhibit 149, 

17 was it down 99th Avenue to Union Hills and the freeway 

18 then to Metrocenter? 

19 

20 

21 

22 

A 

Q 

A 

Q 

I'm not sure of the route. 

Does that sound about right? 

I don't know. 

And then Mr. Styers, Roger Scott driving, as 

23 you say, with the gun in his lap, and you, I take it, 

24 were riding in the passenger seat? 

25 A Yes. 

LISA VITOFF, RPR 

SUPERIOR COURT 

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2 

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22 

23 

24 

' ' 25 

Q You did? What year? 

A First year Alhambra opened up. 

Q What year? 

A I have no idea. 

' 

Q And you knew him ever since, Roger Scott? 

A Off and on. 

Q Did you know, Mr. Styers, in that -- in --

during November -- well, let's put it this W8):', rephrase 

it. I believe you testified on direct with regard to 

Exhibit 124, for example, you were asked about Alden 

Insurance benefits, and you said that you went over with 

Debra Milke the benefits, including the 5,000 insurance 

policy on Christopher; is that so? 

A Yes, 

Q Did you go through a booklet like this? 

A Yes, we did, 

Q And did you go through the forms? 

A No, I didn't go through the forms. 

Q And was it ,•our understanding that she was 

going to apply for a 5,000 policy for Chris? 

A Yes, 

Q Did 

later and he was 

A Yes. 

Q So, 

he -- did she tell you that she did 

insured? 

I take it' while you were talking with 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

128 

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,i 

1 her then you must have known, by looking at the booklet, 

2 that she was the beneficiary? 

3 

4 

A 

Q 

Yes. 

Did she have other conversations with you, 

5 Mr. Styers, about Mark Milke? 

6 

7 

A 

Q 

What do you mean? 

Well, for example, did she ever share with 

8 you the thoughts that she never wanted Christopher to 

9 grow up to be like his father, Mark Milke? 

10 

11 

A 

Q 

Yes, she did. 

Then I believe you testified on direct that 

12 when Mark Milke had visitation with the child, when he 

13 came back that he misbehaved and you had to discipline 

14 him? 

15 A Yes. 

16 Q Did she have other conversations with you 

17 about things that bothered her, that affected her life? 

18 

19 

/ 

A 

Q 

•20 Ernie Sweat? 

21 A 

22 Q 

Yes, she did. 

Would that include the conversations about 

Yes, it did. 

Besides knowing that they were going 

23 together, were you aware, during the·month of November, 

---~-- 24 Mr. Styers, that Ernie Sweat was distancing himself from 

25 her and she couldn't reach him? 

LISA VITOFF, RPR 

SUPERIOR COURT 

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1 

" ., 

3 

4 

5 

6 

7 

8 

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10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

j 

25 

A No, I was not. 

Q She never shared with you that the romance 

was -- looked like it was maybe breaking up? 

A No, she did not. 

Q Did you -- you knew Mark Milke was leaving 

for Texas about a week or so before the weekend of 

December 2nd, did you not? 

A Yes, I did. 

Q And were you aware that Debra Milke had 

tried to have, for example, her sister, Sandra 

Pickinpaugh, take Christopher Milke? 

A Yes, I was. 

Q And you were aware that Debra Milke was 

going to be moving to another apartment? 

A Yes. 

Q Effective January 1990? 

A Yes. 

Q Now, Christopher Milke, how old was he, to 

your recollection, in November of '89? 

A Four years old. 

Q Now, he was growing up to be a lot like his 

father; is that so? 

A Somewhat. 

Q And he was getting hard to handle? 

A Yes. 

LISA VITOFF, RPR 

SUPERIOR COURT 

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1 

2 

3 

Q 

A 

Q 

And he slept in the bed with Debra Milke? 

Yes. 

Another thing, Mr. Styers, John Ciulla said 

4 that one time you told him that you tried to get in bed 

5 with Debra Milke but she kicked you out. Is that what 

6 you said? 

7 

8 

A. 

Q 

Yes, We were clowning around. 

And, but otherwise Christopher Milke slept 

9 in the bed with her? 

10 

11 

12 Milke? 

13 

14 

A 

Q 

A 

Q 

Yes. 

You always had to take care of Christopher 

Not always, most of the time. 

Most of the time. And he was getting more 

15 and more difficult to handle? 

16 No. He was starting to straighten out a 

17 little bit. 

18 Q Well, Mr. Styers, about that time, did Debra 

19 Milke share with you that Christopher Milke was getting 

20 to be a real problem and he was in the way of her having 

21 a further romance with Ernie Sweat? 

22 

23 

A 

Q 

No, she did not. 

But you were aware that Christopher Milke 

24 nevertheless was -- gave you problems, and that you had 

25 to discipline him quite a bit? 

L-ISA l'ITOFF, RPR 

SUPERIOR COURT 

131 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 76 of 95
} 

1 A He gave problems, At times he had to be 

2 disciplined, 

3 Q Well, Mr, Styers, about that time of the 

4 weekend of December 2, 1989, if Mark Milke was out of 

5 state, and if the romance between Debra and Ernie Sweat 

6 was going bad, Christopher Milke was in the way, and you 

7 wanted Debra Milke, Christopher Milke slept in her bed, 

8 and you knew she was moving out, wasn't that a real 

9 opportune time for you to then take the child out and 

10 shoot him to death? 

11 

12 

13 

A 

Q 

A 

14 doing it. 

15 

16 

17 

18 

19 

Q 

A 

Q 

A 

Q 

No, it was not. 

It was not an opportune time? 

I didn't do it, I never really thought of 

You never saw anyone do it, did you? 

No, I did not. 

And you never went to help Christopher? 

No, I did not, 

You just left Christopher out there and went 

20 back to Metrocenter with Roger Scott? 

21 

22 

A 

Q 

That's right. 

And you told the police all of these stories 

23 for two days, Saturday and Sunday, is that so? 

24 

25 

A 

Q 

I told a lot of stories. 

And where did you think Christopher was, as 

LISA FITOFF, RPR 

SUPERIOR COURT 

132 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 77 of 95
1 take it a.m. -- witnessed by Detective Mills, for consent 

2 to search the '86 Toyota, white Toyota. 

3 If it was unlocked, do you have any -- if it 

4 was unlocked, do you have any reason that you needed to 

5 give a consent search, insofar as in your own mind? 

6 MR. MIRANDA: Your Honor, this calls for a 

7 legal conclusion on the witness, also misleading as to 

8 the form that it's asked it. 

9 

10 Q 

THE COURT: Sustained. 

BY MR. LEVY: You do recollect the testimony 

11 of Officer Lee, if you do, when he said when he checked 

12 the car in the early morning hours in the parking lot it 

13 

14 

15 

was locked? 

A 

Q 

No, I don't remember that. 

Just briefly, pardon me for doing this, 

16 Mr. Styers, going back to that situation with Ernie, I 

17 happen to turn to a note here, I believe on direct 

18 examination you said that you were aware of the problem 

19 Debra was having with Ernie about having Chris around. I 

20 believe you further testified that Ernie did not want her 

21 son around and he didn't want children. You were aware 

22 of those problems after all? 

23 

24 

A 

Q 

No. 

Mr. Styers, I believe you testified that 

25 Roger Scott wanted $250 to pay an attorney as an advance 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

136 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 78 of 95
I 

1 on presenting some kind of Social Security claim? 

2 

3 

A 

Q 

That's right. 

I believe you also testified that according 

4 to you, Roger Scott shot Christopher? 

5 

6 

A 

Q 

Yes. 

Tell me, Mr. Styers, was it somehow or 

7 another Roger shooting Christophe'r going to somehow or 

8 another get him $250? 

9 

10 

A 

Q 

I don't know. 

Are you then -- you have no idea, while 

11 saying that Roger Scott shot Christopher, you have no 

12 idea in the world why this would have been? 

13 

14 

15 

16 

A 

Q 

A 

Q 

That's right. 

You don't even know if he shot Christopher? 

Not for sure. 

Did you happen in the wash to see the 

17 shrubbery and the trees, and did you happen to see any 

18 Vietnamese children or women perhaps in the wash? 

19 

20 

A 

Q 

21 you did see? 

22 

23 

24 

A 

Q 

A 

No, I did not. 

Well, perhaps you could tell us, what all 

I saw shrubbery. 

Anything else? 

Just the stuff that's there, trees and 

25 shrubbery and that's it. 

LISA VITOFF', RPR 

SUPERIOR COURT 

137 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 79 of 95
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

} 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A Yes, I do. 

Q Did you have or do you have a clear 

recollection of everything that happened on December 2nd, 

19897 

A No, I do not. 

Q How would you characterize your memory of 

the events of December 2nd, 19897 

A Cloudy, 

Q When you went to the area of 99th Avenue and 

Happy Valley Road, Jim, did you go there for the specific 

purpose of stopping at that wash? 

A No, I did not. 

Q Why were you in that area? 

A Because it"s a road on the way out to the 

lake. 

Q And what's at the lake? 

A out near the lake is a glider school. 

Q And whose idea was it to stop at that 

particular location? 

A It was Roger's. 

Q Did you suggest, in any way, shape or form, 

that you stop at that particular location? 

A No, I did not. 

Q You knew the gun was in the glove 

compartment? 

LISA l'ITOFF, RPR 

SUPERIOR COURT 

152 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 80 of 95
1 

2 

A 

Q 

Yee, I did. 

Did you know that the ammunition was also in 

3 the glove compartment? 

4 

5 

6 

7 

A 

Q 

A 

Q 

Yes, I did. 

Did you know the gun was loaded? 

No, I did not. 

When was the first time that you saw that 

8 gun outside that vehicle? 

9 

10 

A 

Q 

When Roger pointed it at me. 

Did you know how Roger got the gun out of 

11 the glove compartment? 

12 

13 

14 

15 

A 

Q 

A 

Q 

16 this to --

17 

18 

19 

20 

21 there? 

A 

Q 

A 

Q 

A 

Q 

No, I do not. 

Were you watching Roger constantly? 

No, I was not. 

Did you expect Roger to do anything like 

No. 

-- to Christopher? 

No, I did not. 

Were you expecting anything to happen out 

No, I do not. 

This gun that you put in the glove 

22 

23 

24 compartment, and you did put in the glove compartment; is 

25 that right? 

LISA \lITOFF, RPR 

SUPERIOR COURT 

153 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 81 of 95
' ' 

1 

2 

3 

4 

A 

Q 

A 

Q 

Yes, I did, 

You bought that gun in late November? 

Yes, I did. 

And you hadn't driven over to Roger"s to 

5 drop it off? 

6 

7 

A 

Q 

No, I did not. 

You had discussed the fact that you had a 

8 gun that you had bought for him with Roger? 

9 

10 

A 

Q 

Yes, I did. 

And you bought the gun for Roger because he 

11 liked guns? 

12 

13 

A 

Q 

Yes, I did. 

Now, these letters that we're talking about, 

14 that we went over in detail yesterday, Jim, do you recall 

15 those letters? 

16 

17 

18 

19 

20 

A Yes, I do. 

Q When you wrote those letters, did you know 

Debra was going to give them to her attorney? 

A No, I did not, 

Q Mr. Levy asked you whether Debra asked for 

21 your consent to give them to her attorney? 

22 

23 

24 

25 

A 

Q 

Yes, she did. 

Did you -- did she ask for that consent 

before or after you wrote those letters? 

A After I wrote the letters. 

LISA l'ITOFF, RPR 

SUPE'RIOR rnrrR'I' 

154 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 82 of 95
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

l 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q So, she -- what happened was, she didn't ask 

you, can I turn over some letters to my attorney; right? 

A No, she doesn't, she couldn't have, 

Q Do you know how those black Nike shoes got 

into the planter? 

A No, I do not. 

Q You know they were found in the planter out 

by Metrocenter? 

A I know they were found at the Metrocenter, 

yeah. 

Q Did you ever tell Roger Scott to take the 

pistol, that he shot Christopher with, to his apartment? 

A No, I did not. 

Q Did you know whatever happened to that 

pistol? 

A No, I don't. 

Q Jim, are you taking medications now? 

A Yes, I am. 

Q Are you taking them on the basis -- on a 

prescribed basis? 

A Yes, I am, 

Q You indicated that after Roger shot 

Christopher, and you assumed that he shot Christopher; 

right? 

A Right. 

LISl, VITOFF, RPR 

SUPERIOR COURT 

155 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 83 of 95
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

·-

~ 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A On the weekends there is, yes. 

Q Why? 

A Because it's on the way to the lake. 

Q Now, Mr. Levy asked you, well, in fact, I 

asked you also about the $5,000 insurance policy. Do you 

remember those questions? 

A Yeah, I remember some questions. 

Q Yesterday, and again today, you admitted to 

not only knowing about that insurance policy, but that 

you actually sat down with Debra Milke and went over the 

benefits booklet before she applied or requested the 

insurance life insurance coverage? 

A Yes. 

Q You knew before you testified to that that 

the theory, one of the theories of the State is that you 

participated in the conspiracy to kill Mark Milke for 

that insurance policy? 

A To kill Mark Milke? 

Q Excuse me, Christopher Milke. 

A Restate the question. 

Q Okay. You knew, before you testified, that 

one of the theories of the state was that you 

participated in the conspiracy to kill Christopher Milke? 

A Yes. 

Q For the $5,000 insurance policy? 

LISA \!ITOFF, RPR 

SUPERIOR COURT 

159 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 84 of 95
1 

2 

A 

Q 

Yes. 

And yet you admitted to the jury that you 

3 were aware of that policy? 

4 

5 

6 

7 

8 

A 

Q 

A 

Q 

A 

Yee. 

Why? 

Because I knew it it was the truth. 

Were you having financial problems? 

Not real difficult ones, no. 

9 Q Why don't you tell me i,;hat you consider not 

10 real ones. What kind of financial problems were you 

11 having? 

12 A I had a couple bad checks and my car was 

13 down. I had some bad checks and my car was down, but I 

14 had the money coming in within the month or so to fix the 

15 car up. 

16 

17 

18 

19 

20 

21 there? 

22 

23 

Q 

A 

Q 

A 

Q 

A 

Q 

24 account? 

25 A 

When were your checks going to come in? 

When were they going to come in? 

Yes. 

They had already come in. 

On December 2nd the checks were already 

Yes. 

On December 2nd, did you have money in your 

Little bit, yes. 

LISA VITOFF, RPR 

SUPERIOR COURT 

160 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 85 of 95
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

) 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q And had you paid your expenses for that 

month? 

A Yes. 

Q Had you taken care of the problems with 

Security Pacific? 

A Not yet. 

Q Did you have plans to do that? 

A Yes, they were going to be taken care of in 

a couple of months. 

Q This morning you indicated that Debra told 

you she didn't want to have Christopher Milke grow up to 

be like his father Mark Milke? 

A That's right. 

Q Did she ever indicate to you that because of 

that, she wanted Christopher dead? 

/ 

A No, she never did. 

Q Did she ever indicate to you that she would 

rather have Christopher Milke dead, rather than grow up 

to be like his father? 

A No, she never did, 

Q Christopher Milke was hard to handle? 

A At times. 

Q You indicated this morning that he was 

improving? 

A Yes, he was. 

LISA VITOFF, RPR 

SUPERIOR COURT 

161 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 86 of 95
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

·, 13 ! 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Q How was he improving? 

A Well, he wasn't going to his dad's as often, 

and he was starting to listen a little bit more. 

Q Had there been a recent court hearing in 

regards to the custody of Christopher? 

A Yes, there was. 

Q Do you remember when that occurred? 

A No, I do not. 

Q Was it after that hearing that Mark Milke 

started seeing less of his son? 

A Yes. 

Q How did you get along with Mark Milke? 

A We got along all right. 

Q But apparently Debra Milke didn't? 

A Not too well. 

Q Mr. Levy asked you a series of questions 

this morning about what time you were at different places 

on December 2nd of 1989. Do you recall any time? 

A Not really. 

Q Did you look at your watch? 

A I might have. 

Q Did you have a watch throughout this day? 

A Yes, I did. 

Q Was there any reason for you to look at your 

watch throughout the day to keep track of where you were 

LISA VITOFF, RPR 

SUPERIOR COURT 

162 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 87 of 95
I I 

f 

' 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

I 

MR; MIRANDA: Strike that question. 

Your Honor, I don't believe I have any more 

questions of this witness. 

THE COURT: Thank you, air. You may step 

down. Watch your step, please. Take the noon recess. 

Do you have any other witnesses? 

MR. MIRANDA: I believe some short ones 

this afternoon, your Honor. 

* * * * 

LISA VITOF'F, RPR 

SUPERIOR COURT 

164 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 88 of 95
. 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 89 of 95
I . • 

REPLY TO SUBPC .. .-.IA / COURT ORDER 'DATE SEP 1 4 1990 

THE REPLY TO THE INQUIRY WILL BE FOUND IN THE CHECKED JT, (SJ •. IF IT IS NECESSARY TO WRITE TO US AGAIN CONCERNING 

THIS SUBJECT, PLEASE RETURN ALL PAPERS TO THIS CENTER. , • · 

lv{ Enclosed Is a certificate under seal authenticating copies of the mlll;ary V personnel • medical records of the r Individual named above. . ;°t 

D Enclosed Is a certificate under seal attesting to the presence/absence of certain lnfonnatlon In the mllltary records 

of the Individual named above. 

D Enclosed Is a certificate under seal attesting to the absence of records for the Individual named above. 

D We regret some of the copies are of poor quality; however, they are the best copies obtainable. 

D The copies of the enclosed military records contain the names of and certain personal information relating to Individuals 

other than the veteran named In the court order. Under the Privacy Act of 1974, such personal Information should 

be safeguarded. Further release of this Information should be In accordance with the rules and regulations Implementing the Privacy Act of 197 4. 

D The enclosed authenticated military records contain drug/alcohol rehabilitation records whlcn are furnished with the 

understanding that the court order/subpoena signed by a Judge was Issued upon application showing good cause 

therefor, I.e., that the court has weighed the public Interest and considered the provisions of the Drug Abuse Office 

and Treatment Act of 1972 (P.L 92-255). The confidential nature of the records Is p.-otected under the provisions 

of the Act, regardless of whether the servlceperson successfully completed the REHABILITATION TREATMENT 

program or NOT. ' 

·= D Some of the Information contained In these records may prove Injurious to the.physical or mental health of the subject 

individual If released to him/her; therefore, appropriate measures should be taken to ensure that It Is not disclosed 

to the lndlvldual except to the extenl that such disclosure be essential to the Issues of the pending proceedings. 

D The military record needed to answer this Inquiry Is not In our flies. · If the record were here on July 12, 1973, 

It would have been In the area that suffered the most damage In the fire on that date and may have been destroyed. 

D Enclosed are copies of the service and medical records which were obtained from an alternate records source. 

D The enclosed NA Form 13038 Certification of Military Service, verifies the military service and may be used for any 

official purpose. Information used to prepare this document was obtained from an alternate records source. 

D The medical records needed to answer this request have been lent to the Veterans Administration under claim 

number _________ , and may be obtained from the office shown below: 

' 

• 

Enclosures 

NCPM 

, 

NATIONAL PERSONNEL RECORDS CENTER 

• 

. (MIiitary Personnel Records} ·· 9700 Page' Boulevard 

St. Louis, MO 63132 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION NA FORM 13122 (12·85) 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 90 of 95
-'_!, 

Former GSA Form 7149 I ( 

NATIONAL PERSONNEL RECORDS CENTER 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 

ST. LOUIS, MISSOURI 

ADMISSIBILITY IN EVIDENCE OF COPIES OF RECORDS AUTHENTICATED BY THE 

NATIONAL PERSONNEL RECORDS CENTER 

1. GENERAL. The Archivist of the United Slates (hereinafter called the "Archivist"), appointed by the President of the United 

Slates with the advice and consent of the Senate, is the head of the National Archives and Records Administration. (Ref.: 44 

U.S.C. 2103/a/ 

2. AUTHORITY FOR THE NATIONAL PERSONNEL RECORDS CENTER TO MAINTAIN ANO SERVICE RECORDS. 

a. The Archivist, maintains and operates the Nalional Personnel Records Center (hereinafter· r;ferred to as 

"NPAC'' or "this center'') for the storage and servicing of certain records. (.qet.: 44 U.S.C. 29.:7.) 

b. The records on file at NPRC were transferred, for reasons of substantial economy. lo this canter for storage and 

servicing. {Rel: 44 U.S.C. 3103) 

3. AUTHORITY FOR NPRC TO HONOR LEGAL DEMANDS. This cenler is authorized to honor legal demanc:s for protection of records on 

file here if no restrictions have been imposed upon their use by the transferring agency. If restrfctions have been imposed by 

the transferring agency, the authorily issuing Iha legal demand is to be. so nofified and asked to take the matter up with that 

agency. {Rel: 36 CFR 1254.8} 

4. AUTHORITY FOR NPRC OFFICIALS TO AUTHENTICATE COPIES Of RECORDS. 36 CFR 1254.76 authorizes the responsible director, or 

any of his superiors, to authenticate and attest copies of records on deposit in Federal records centers. The word "director," 

as it applies to NPRC, is defined in 36 CFR 1252.2 lo mean, in part, the "head cf a Reference Service Branch in a Federal 

Records Genier." The Reference Branches, NPRC, are Reference Service Branches. The NPRC is a Federal Records Center 

(Ref.: 36 CFR 1228.150). Consequently, the Chiefs of the Reference Branches, NPRC. are the "heacs of Reference Service Bran• 

ches in a Federal Records Center" and lherefore are "directors." The Assistant Directors, NPRC, and the Director, NPRC, 

are the superiors of the Chiefs of the Reference Branches. NPRC, and therefore are "superiors :,f directors." 

5. ADMISSIBILITY OF RECORDS AUTHENTICATED BY NPRC OFFICIALS. Government records are not admissible in legal proceedings 

until authenticated by !he offering party. Records which meet the requirements of Rule 902 of the Federal Rules of Evidence, 

28 U.S.C. Appendix, are self-authenlicaling. Satisfaction of lhe Rule 902 requirements is sutticiecll also to satisfy other 

Federal evidentiary requirements for proof of official records. {Rel: fed. R. Civ. P. <4/a}. {C} /1982); Fea. o. Cnm. P. 27 /1982). 

In order to comply with Rule 902, authorized NPRC officials should certify, under seal of !he Na!:onal Archives and Records 

Administration, all subpoenaed records. The seal certifies that the atlesting oflicial is authorizec 10 authenticate records; the 

signature of the otticial attests to the aulhenlicity of the records in his legal cuslody. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. NA FORM 1321 (4-85) 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 91 of 95
~; 

ATIONAL ARCHIVES AND RECORDS ADMINISTRATION 

National Personnel Records Center 

~ ... 

it wfyom tfy.e.a.e p.r.e.a.ettt.a .afyall rom.e. (b).r.e.eting: ~. 

,. 

f the authority vested in me by the Archivist of the United States, I certify on his behalf, .! . 

fthe National Archives and Records Administration, that the attached reproduction(s) is 

ct copy of documents in his custody, 

SIGNATURE 

fl 

NAME DATE 

RICHARD M. SCHRADER SEP l 4 1990 

TITLE 

Chief, Navy Reference Branch 

NAME ANO ADDRESS OF DEPOSITORY 

National Personnel Records Center 

(Military Personnel Records) 

9700 Page Boulevard 

St. Louis, MO 63132 

HA FORM 13040-B (9-85) 

Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 92 of 95
( \. -· 

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111121 B ~; PREF. ...... , •.. ·: ··~·· ,,,.,.:.:.-;•,,,1.<> .74,.._,_. ;, ... ,:- 75 '<,-..,, .• 1 

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Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 93 of 95
· .... , ·---~·· 

fj,?7.....;sl~)~ 

3⁄4!;-.rt~:.i:;:.~,;~· .... '11 

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r ..... ll1JJ~:; ::c:l . _;: _ _fo! an_d in: ~-~~:~~f~~i pay or :~-~~e ~ •;~~;~ ~h;,h ,~7~r:o:~:: ;; ~ be ..,Jgoed me :if:1\:-;_;-.;·-j dunng the conlln~~ of my service, I do hereby acknowledge lo have voluntanly enlisted in. the: ·--:- ----

J.ftF:~·:·~-:;_; . <~ ... , • UJIIT(D ~A~ ~!1(£ ~--- .. ' ~l[Sll~ Of THE UIIITill sum x.w. CIRPS J,rJ·.::;._~J as aJ.r.1vate, and I aKI;C to and Wll!l tli<;~~ecnutlf:g~O.rnc_er.(na,11;ed m block 25 of reverse hereof), an officu of 

;·;:f;•<:,··.1 the ruted States~-. .u fo&o-~: : • • .. : • "~-~·-:·::- -..-1 Arme, orce.s • , • • • ••· • tti:_:~_'.,~'.·.~:! 36. To enter the service oflhe nlleci ~Lale! Marine Corps and to report to such post or station oftbe Marine Corps as I 

kit-f-/;1⁄2j may be ordered to join, and to the utmOlt of my power and ability discharge my several servias or duties and be 

tt'f;-/1~:;:; in everything conformable and obedient to the several requirements and lawful commands of the officc:n: who may \t' ,_-. _ _,.•-;.-.: be placed over me. . 

t,Mrt]1 ~i,!.°~1!!::Jd~1!~J:~g1 fl1f!t~-r;; I Jr a I 'la,.., m .. 1•,;u,, (,, ,....I '~E:~&;s!:· ! :,~ "/ . ~ I s'f<,-'} ,r-: l I -.·1 •• i ;:,:: ::-_. ··:: authority andfo _l'}e co9d1uons p5ov1ded 'tit S:ccuon_ 5549 1

of 1tle JO of the U.S. C'.ode as kifows: .- -.-.,-., - . ffi ~ V ·I J ti , ... fi} • ~ ) 't L_\1• h u . .,~:, _'.. 'i (a) ~e senior o ce.r pre.sen, auoa_t-m orogn.. water:s, s,~1 t~~ lo I e. nu~d States by Government or other ., -~:~·-..:.· :, tTansportano;ras ,rxi_p as J>Clis.tblc; each enlisted member orthe naval service who LS servmg on a naval ...,.esseJ, whose 1e.rm of 

} · _., · · enlistment lia.s/cxp_1red, aJ1cl\w'h0~1i'i-ts ~o feturn fO _thy-Unjted .Stat~ . ._tl~wever, when the senior officer present· 

afloat considefi its!ess.entiallo thl\ P)11Hif inier~1, ~e jhaJ:.fe~ip:~ch a m)mber oftactlveiIU(yuntjllhc.vts.se.l rcp.irns lo the 

United Siat4J LJ L/ lJ \.J j J \/ I• ( , ;~ l ' · ·' · l •, J L f ..! 

(b) :Each member retained under Uns s.ectiOO-U \.,.-' .L () i I l J • 

(I) shall be di.scharged not laler than 30 days afler bis anival in the United States;~o.'-" -~ V 

(2) except in time of War is entitled to an increase in basic pay of 25 percenL 

38. In the event of war or national emergency declared by-the PrCJidcnt to exi.st during my term of service. I oblige and 

subject myself to serve until 6 months after the ~d of that war or national emergency if so rccuircd by the Secretary of the Navy unless I voluntarily reenlist or c."tto:id my enlistment, I undentand th.at when so rtta.ined the addition of 

,_onC-qu.u;ter..pay as specified in Section 5540 of TitJe 10 of-the U.S. Code is not applicable in time of war. 

·:\§,''I irh •tr· l~I age lo enlist; I ·have never been found guiJty of a crime except .u slated by me t0 the recruiting 

o'fficer; I have never deserted from any of the Armed Forces of the United States, and have acvt:r been discha.rg:ed 

"'therefrom·for any ·rcason·other than recorded herein. - --- -· -·-··· -- -•--· . -·-- _.;,_.. __________ _ 

40. I understand that upon enlistment in the Reserve ofth~ Uni~ States Marfoe &rps, or·~pxl ~fer.or assignment 

there10,_I may _not be orderedjo aclive duty without my consent except "in time Of.war, or When in the opinion of ;-· 

the President a national emergency exists, or wb_en _ otherwise pre.scribed by l.iW; and th.ii' I may be ·reqUired lo - · 

.perform~active duty during such perlods.=--~·· ;_---z_•_ . ., .C::..-.,. .. -""' ... -.-·--=:.:..:.• _ -~ --~-- __ -·------,·.·---

:4j'.~f"HAVE::HAD 'tms:coNTRACT FULLY EXPLAINED TO ME. •1 UNDERSTA.,-n IT, AND CER· 

TIFY THAT NO PROMISE OF ANY KIND HAS BEEN MADE TO ME CONCERNlliG ASSIGNMENT 

TO DUTY, OR PROMOTION DURING MY ENLISTMENT. ' ____ --". _ .... ___ , 

:42."1,k•-'.':H".--::~ •,\, JMfE.S LYNN.SIYERS · ... ___ - .._ ;do~..-.--(-crlt'irm}that 

I wlll 11,1pport and d•hnd th• Con1tltv1lon of the Unite-cl Sta!H ogalMt cdl •n•mlu, fonlgn and cl-offl,tuic; r.-t lwill be.:ir true mtfi 

on.I ol~k>nce to the scune;o.nd that I wlll obey th• orders of tt-.. i'l'Hld.nt of the Unft.d Slolff ond the ord..-.. _, the oflken appolrrl.d 

':'ov.,-·rne, DCcordla,g to 1'99"'~1'1:f and.the UnHom, Code o,f M1Dtcny Mtke. So help me God, · ~ .. 'l'"-· ":- -. ,.,. • • •··- , 

i::, c,::c ~ :: .. ;,_.~::,_;-:,·., ,\ '· ' .. ·~-u:.;;;,;;j·:···,-: .. ::/f3⁄4t,;,;. ''. ~ 1i:';_;,i:~_ . . i~~,;,,"1 :.,;;;-;~~;;; ~ ~~ ·;,;~ .... __ 24t _______ ;_,,,_ day of-~ ·· " A.D. _!9_§] ___ ._ 

!1GW.T1Jti: AND IA!-« o, l!O.WHl omcu .. . . .. . ... .. _./-1.. . ~- . ... .. " __ ,-:._ .- , CAPTAIN, US].C, 

.1, .... 

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-·:.:::· 

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Case 2:98-cv-00060-RCB Document 99-2 Filed 06/11/02 Page 94 of 95
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·STATEHEHT Of UHOERSTAHO.IHG u ,~;.~.-::.LJSTMEHT IH HARINE CORPS OR }URINE co@esERYE 

m)je 1om.,o (Hr, 12-•1> •. :~\::?":" · · · ~.:'I-· ._,.,. lltYIO~S Utf/01 1$ OUOlO( JJIO Vlll ur H IH~ • . I"' ... •·, ~· • , .... , ti'~-~· • ,i. ·;· .• 

STATEMEHT OF UHOERSTAHOIHG OF MILITARY OBLIGATIONS ASSUMED BY ME 

UPOK HY EHllSTHENT IH THE MARIHE CORPS OR MARIHE CORPS RESE~E 

p11c,: ___ 1,_,C_RS~~~,_P~h~o~•~==·=•~A=r=i~z~o~na=·cc... 

(.late: U. !or 1967 ;;ffl\. 

•• :·.:: I JAMES LYNN STYERS being_, 111pllc1nt for enllst•uit In the llarlr.e Cor?s (Renrve), hueb7 rtate 

•• •• •··.·~--.;.::,~:,:.··'

0

,;.' that there hu bun eirohined to~ a.id th•l I f• lly tinder,ta.,d lha.t u~ •1 eol hhent I ·sh.all u~ ~e oblig,tlo,u Md reJ.PMslbllltlu sh.led hereitl: 

/::~";(\'...: ·I, Tht 11pon IIJ enl lsh,j,nl I ISSll&td I t-,taJ &-7Hr • I I fttry obi lgatf~n. Ar,y efortlon of tti.t ~ period ~t sened OIi ~-

.-J{~~t:f}f. tlv:: du;:a:u::~e .;~::: a ::::,o:,<::,H:::~;::t:::e:e:;~~:::n: :e:~:e:, d:::::~t:::::tt::::;~• ~irlne 

.

·.'.:.-_-.·.::_., • '.c:"._ .. :_:·:·:.:_!:.;·;.·_~_~.:

1

:::_:.i~;.:•··'..;_·_ .. i.:_:.·.' .. i,;:.·.··•·:·~.-.·,_. __ ·,;;,ji~~~~;~;1:~i[jJ,~1f'.~i,~:if:~~1L!1'g1;~~i!;;Jj~~:fi;~\:~::~~j1⁄2;~g. ~f~1:~~~;;1:;t1::~· -- once betfl Invoked and • J p1rtldNtlon reul,u '""tlshctory, ·1 uy be subject to the priority in6rcti0fl fubrru of the fJ.ITUA, 

' u a,e,ded, 

rt. That, except In tl•e of nr or natlo,ul e.ergency, I will be tra11Sfetred to the Shn<iby Ru"ne CQ) •y t«v"st If I m l'IOt 

-;.,_"/.•"; · servin9 11n ...ctlve-d11ty and if r.y active chrty ~rvlce, plus satisfactory service, In the Rl!ady Reserve tQ-tals not less tha., 5 7ears; i~}1:~::..}t . .. and that, as a ~Nier of th Stu,dby Renrve, I wil I 110t b-e subject to the reserve tralnlr,g requir-i.s riated 11,uefn. 

,~-~"~;·.~·: :· ,. . . :-;~,;.;_~;\:p·:· :,:·.- e. That as a ,ie,-.!ier of the Rudy Reserve I will be ll&ble for lnvol1111hr) call to active duty 111 tiae of hbre natlo.ial ='lJ~:~,~·; :em.erc;fnc:, prochifl'('d by the President of t!ie UnltN States Md uy ba required to ser,,e for l'IO\ rore u.- 2• ..,,nh; &11d that In ·~f;,:·::J ·. ·t111:e o( national ~rgMCy or """' d~hred by the Co.,~ren of the United States, I iu.y be ,eq11ired to sene for lb,, duratiO!l of .-..... .!!...~•:l that natlori•I a,ier1ency or i-ar at1d for 6 llOllth, Uiereafter. 

:?i.f:J;:,~f.j; f. That ,u a .. ~er of the Shndby RueNe, I viii be liable for N~~i:~. o,lloo•I u"'"" de<lmd by th•''"'"" of l.bo Uolhd st•tu, 

. ' 'i !Slgnu.,.re :>f 1.pplic1.11t1 

~1 I ·.-

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