Michael Malley's Affidavit
In the months of June and July of 1981, I was incarcerated in Sumter Correctional
Institution here in Florida. While incarcerated there I had the occasion
of meeting a man named Richard "Rick" Kondian, whom I knew slightly
from the West Palm Beach County Jail. During the months
about mentioned, I discussed Kondian's case with him on numerous occasions.
I learned that Paul William Scott whom is currently on death row
was Kondian's co-defendant, and that while Mr. Kondian
took a plea bargain to forty-five years, Mr. Scott chose to go to trial
and subsequently was found guilty and sentenced for first degree murder.
Mr. Kondian had related to me while at Sumter that he was responsible for the
victim's home simply to smoke some grass; that upon learning
that the marijuana contained the drug "Angel Dust" in it, Mr. Scott declined
to take part. That after both the victim and Mr. Kondian had smoked a great
deal of this marijuana, Kondian and the victim got into an argument
which lead to a fight. It is my understanding that Paul Scott told Mr.
Kondian that he was leaving and asked Kondian to go with him. However,
Kondian refused and started punching the victim, at which time Mr. Scott
exited out the victim's back door.
Mr. Kondian's exact words to me were, "Yeah, the fucking creep (meaning
Mr. Scott) split out the back door on me leaving me to fight this big
bastard alone." It was, I am sure, Mr. Kondian's way of showing me that he was a tough
guy and that Mr. Scott was no good for leaving him.
Mr. Kondian said a lot of things to make me believe that Paul Scott
is faced with death in the electric chair for a crime he didn't commit,
however, I cannot in good faith say that they were at this time,
as i simply cannot now recall the exact wording or terminology used by
Mr. Kondian. I just feel Mr. Scott was not responsible for the murder he
is now on death row for.
I would be more than happy to give the above testimony in an effort
to assist Mr. Scott if this testimony is need at any time in the future.
I swear the above statements to be true and correct I know them to be.
Michael Malley, # A 881092
Hendry Correctional Institution
Route 2, Box 13-A 289
Immokalee, Florida 33934
Sworn to before me this 14th day of August, 1985
NOTARY, PUBLIC AT LARGE, STATE OF FLORIDA