Affidavit From Foreman Of The Jury - Marilyn Federico

State of Florida )
County of Broward )

I, Marilyn Federico, having been duly sworn, hereby say:

1. My name is marilyn Federico. I presently live in Lighthouse Point, Florida. I was the foreman of the jury that heard the case of State of Florida v. Paul William Scott.

2. During the trial, Paul Scott had completely inadequate representation. His attorney gave me, as a juror, the impression that he was not concerned with defending Mr. Scott. The attorney was certainly not an enthusiastic advocate for Mr. Scott, but acted more like he just had a job to do.

3. When we, the jury, chose to recommend the death sentence, I recall the the overriding sentiment was that we did not want Mr. Scott to be released from prison. I voted for the death penalty in Mr. Scott's case because there was no other way to commit him to a sentence which would last the rest of his life. The sentence or life without parole did not exist at the time of Mr. Scott's sentencing. I remember wishing that we could recommend a true life sentence.

4. The testimony presented at trial gave the appearance the Paul Scott was involved in planning the murder of James Alessi. After reviewing the affidavit of Charles Vincent Soutullo in which he admits, among other things, the he lied at trial, I have serious doubt that Paul Scott went to Mr. Alessi's house for any purpose other than to do drugs with him. The jury should have heard the truth about what Mr. Soutullo knew. It could have made a difference.

5. The fact that Paul Scott is left-handed was extremely important in convincing me that he struck the fatal blow to Mr. Alessi. I have reviewed the affidavits of Jeff Walsh and Rick Kondian. This is the kind of information that would have been important for the jury to hear. It refutes the very critical notion that only the left-handed Mr. Scott could have wielded that blow. It is just another example of the poor defense that Mr. Scott had.

6. I reviewed the statement of Bernadine Beth Bernard. Her account of Paul Scott's normal appearance versus the bloody appearance of Rick Kondian in the hours after the murder is significant. I wish I had heard about this and about all of the other statements I have reviewed but were not made at trial.

7. Since I voted to sentence Paul Scott to death, I have thought of the day that he will be executed with a certain dread. This is because I would be perfectly comfortable knowing that he would live the rest of his life in prison.

8. After reviewing these statements and affidavits, I believe that Paul Scott's involvement in Mr. Alessi's death was overstated at the trial. There is clearly reason to believe that Mr. Scott's level of responsibility in this crime is not as high as it appeared to be back during the trial.

9. If all of this information had been presented at trial, the verdict could have been different. If all of this had been presented at trial, the jury would have been given a more complete and accurate account of what happened at Mr. Alessi's house the night of his death.

Further affiant sayeth naught.

Marilyn Federico

Sworn to and subscribed to before me this 3rd day of August, 1994.
Provided proper identification.