I, Richard Kondian, being duly sworn or affirmed, do hereby depose
1. My name is Richard Kondian and I am presently incarcerated
at the Adult Correctional Institution in Rhode Island.
2. In 1979 Paul Scott and I were arrested and charged with the
murder of James Alessi.
3. I knew Alessi prior to the night he was killed. Paul, I and Alessi
went to Alessi's house to buy some drugs and do drugs with him.
We had no intent to commit any crimes against Mr. Alessi.
4. Paul and I were shooting speed and drinking before we went to Alessi's
house. We were both pretty high. Paul just came along to get drugs.
At no time did Paul act as a leader organizing some kind of crime. Paul could
not tell me what to do. He was not the kind of guy who would plan and
carry out anything, especially not a deliberate robbery or murder. After
we got to Alessi's house, we all had some drinks and he gave us some
marijuana to smoke. There was something more then just marijuana
in the joints he gave us. From what I can figure out now it was
probably PCP or angel dust. Anyway, I know it made us all really
5. Paul was away in another part of the house when Alessi came out from the bedroom
completely nude and came on to me. He was a lot bigger than Paul
or I. Alessi and I struggled but I couldn't get away from him.
I called out to Paul for help and he tried to get Alessi off of me. But
Alessi was so out of his head that he would not stop.
The three of us struggled. Alessi was like a possessed man - he
just would not stop. I picked up a bottle and struck
Alessi in the head twice to get away from him. At that point a
strong arm struggle took place. It was during this struggle when I left
the bloody hand print on the wall. Paul stopped and I continued,
out of fear for my life, to struggle with Mr. Alessi. I finally got him
off of me.
6. When I initially gave statements regarding what happened, I was
scared, young, and confused.
When I gave the statement in Rhode Island I was in withdrawal from drugs.
I voluntarily turned myself in because I knew it was strictly
7. I never talked to Soutulle about robbing, steal from, or killing Alessi.
And certainly Paul never did either. Paul had no idea about anything
other than hanging out with me and Alessi when he came with us.
I never told Soutulle or my
girlfriend (Sunshine) that we intended to kill or rob Alessi. I think
they had the words put in their mouth.
8. I was never subpoenaed to testify at Paul's trial. Nobody ever
asked me pointblank before today about what I could have said at
Paul's trial had I been called as a witness I would have said the same
things I am today. Paul never intended to kill Alessi or anybody that
night and did not intend to harm anybody. He never did murder anybody.
Sworn to and affirmed before me this 25th day of October, 1990.