Richard Kondian - the real murderer's affidavit

State of Rhode Island ) ss.

City of Cranston )

I, Richard Kondian, being duly sworn or affirmed, do hereby depose and say:

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 crazy.

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 self defense.

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.

Richard Kondian

Sworn to and affirmed before me this 25th day of October, 1990.

Notary Public