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.


Respectfully,

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