Robert T. Avera's Affidavit

State of Florida ) ss.

County of Bradford )

Comes now the affiant, being duly sworn, deposes and says:

2. Because Paul behaved so well, the authorities allowed him to be the houseman. This meant that he was trusted to be out of his cell in the range. Everyone else was locked in their cells. Paul would stop in front of my cell and talk to me on a daily basis.

3. On day I was out of my cell and I was going to visit, when I recognized Paul Scott's co-defendant, Richard Kondian, or Rick, and he is called, from seeing him or TV. He was put on the chain in from of me. The chain is a long chain that inmates are handcuffed to when the authorities want to move us about the prison.

4. I knew that Rick was Paul's co-defendant. I called him a snitch I wanted other inmates on the chain to know that you couldn't trust him. I told him I was in the cell with his "partner" (co-defendant), Paul Scott.

5. He replied that he wasn't a snitch and Paul Scott wasn't his partner. Paul, he stated, was his co-defendant, but Paul was a "punk pussy" because when they were at the guy's house and a fight broke out with the guy, Paul got scared and ran out the door.

6. The guards who had us on the chain then made us both shut-up because they could see that Rick and I were about to get in a fight.

7. When I got back to my cell, I told Paul what Rick had said about him being scared and running away. Paul confirmed to me what Rick said was true and he told me that he hoped Rick would come forward and admit what he said about what really happened.

8. From my conversations with Rick and Scott, it was clear to me that Scott never had any intent of hurting the victim and that, based on what Rick said, that Rick was the responsible party.

9. It has puzzled me for over a decade that no one has come to talk to me about what I know about Scott's case. I would have talked to anyone and testified about what I know.

Further affiant sayeth naught.

Robert T. Avera

Notary Public State of Florida