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Augusi 18. 2010

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Richard N4. Romleytularicopa County Attorney301 \i,/. Jefferson StreetPhoenix Az 85003

Rei Rusty Siuart

Dear lvlr. Romley:

,.1 represenl Officer Rustv Stuarl in a varieiy of issues related to his treatreni bi.the. City oi Phoenix Police Departaent and the Maricopa County Attorney,s Offic;during his investigation in the case involving Terry Smjth and rhe MarkcoudeaulSaseline Kil ler case

Recenily my clieni has discovered new iniormatron regarding Terry Smith thatmay be exculpatory in naiuie as it pedains to tite cases againsi [/;.k ccudeau. [,1yclieft feels this is information bolh the Siale and the Defen;e should have Dflor to triaiso that they have the option io complete any follow up they deem necessafy. nowever,because oi the prior actions of both the City oi phoenix poiice Department, ancj now theI!4aricopa County Attorney s etfice, my clienl is not able to go through the normat chajnof command and must bring 1|is info.mation Jo your atten!; so tha"t vou can maKe lnedecision to heaf f i is infcrmation anC decide vr'hether it Ls e\culpatory as i l penatns to[,1r. Gordeau. Howevef, i l is my unders{anding that the Coud has entefed an crderdrreciing thal no jnterviews oi any witnesses take place lvithoui bcth thg Staie andDefense being present.

l lembers of the phoen x police Department command staff have retailated rn theDast against my client, and he fears the possibil i ty of furthef retaliation fo. providing thisnew information- He hes asl.ed me 1o piovided ygu with the attached summary oi hisinvestigalicn of this case sc yJU wi,l understand why he feels lhe need to go lc youdirect y.

lam hopeful you desife to discuss lhis matter further. please contad me cltfec|vat (64?) 27 t-9925

Sincerely,

JALljelEnclosures; as staled

Statement of Officer Rusty Stuart

ln February of 2010, members of the Maricopa Counly Attorney,s Officeand city of Phoenix Porice Deparlment provided information ihat resurted in anarticle by Paul Rueben published in the New Times. The article was comptetetyinaccurate and the information provided to Mr. Rueben was designed to discredilme.

I have become a witness for the defense because of the failure of the leadInvesligator in the Goudeau case, Alex Femenia, and then Lt. Benny pena. toperform their basic duties as police Officers in the case of Terry Smitn, and theiratlempi io hide exculpatory information in the case against Mar( Goudeau.

Terry is nol considered a suspecr in their investigation, but the informationabout him has been adjudicated to be exculpatory in" the caies against Markcoudeau by the Superior court.. Terry is a suspect rn u

";;i;;-o; very vrotentcrimes in San Bernardino in l gBg that are similai to some oi tne Bu."tinu Kilt.,cases and was very aclive in what was called the 95% area by the task forceduring the investigation, exhibiring the sanre M.o. in his crimes ino behavior aswas occurring in the Baseline Killer Cases. There was information that wasobtained,thal demanded follow up investigation- Invesligators not onfy retusecl todo the follow up but Lt. pena made sure no follow up onierry Smith was oone alall and ided to make sure none of the information atready'compiieO was everbrought forward because he believgd thrs tnvestrgahon ,u, g,uilg Goudeau adefense. ln iacl. he made this statemenl to othei command ielslnnef. Otnerallegations have been n]ade that pena s statements included raciaiLptthets. Lt.Pena.neglecled his responsibility to follow up on

"""ufputoiy intormationregarding the Baseline Cases and.his basic responsibility to publj; salety in theSan Bernardino case of Terry Smith, a viojent sociopatd whi wai sfatf<ing andaltacking victims in Phoenix, mosfly women.

At the scene of Carmen Miranda s murder, I provided ihe task force withan iniormation pacr(ei on Terry smith and his acrivities in rhe area. At the rme, Iwas noi part of ihe Task Force and did no furlhef follow up. After a short peiodof time. i tvas asked by Comnrander Sweeney to join the task foice. The firsfthing I did was ca rhe task force and irquire about what had been done wrth trrelnformation packet I ltad provided I was informed tney naa eiiminateO TerrySmith as a suspect because he was in prison when the crjme slree Ougan. tknew this to be false but the membefs of the Task Force insisieo ne was rnprison. I repeated my research and confirmed that Smilh had bl.n ,ereaseofrom prison 2 months prior to the Georgia Thompson murclei l ihe Rrst crimeattributed to the Baseline Kilterl.

On September 1b, 2006, I brought Renee Srnith. Terry Smith,s mother. tothe Task Force. lr4s. Smilh iold them of two brutal murders her son, whose namers actually wayne smith, had commined in San Bernardino. carifornia in .i9gg.Ms. Smith had actually been arrested for helping -furry

".*pr'trom police

custody and he was never inisi-vievled oi rearreslecjlor those ciimes. Ms. Sn]ith

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was will ing to assisr in the investigation in San Bernardino and she berieved herson to be involved in the Baseline Killer Cases in the phoenix Area,

. . - Ml, Smith was very afraid of Terry and insisted we come search her home.Ms. Smith provided us with many writings of Terry,s in which he wrote aboutraprng and kill ing women. lerry heard vorces of women being raped and killedand would masturbate in front of the famrly while walc;in'g ;;ry .jrsturbingpornographic video tapes. Before reaving the smilh residenJe thar evenrng, Ioffered to fol,ow up with San Bernardino to find out if her claims hiO any validityto them. Detective Femenia insisted that he do the follow up wtth SanBernardino. I was fine wilh ihat as lhe Baseline inu*tigufiin' *". Femenia,sresponsibility.

. Approxin'tately one week later I had nol heard from Femenja, so I calledhinr to find out what San Befn€rdino had told him. i was told tre haO nof catteOlhem, and that Deteciive Femenia had no intention of calling them. as the TaskForce was convinced Terry was not involved in fnei, ca"e'".' -ngain,

Femeniainformed me that Terry was in prison when the kill ing spree in the B'J"",,n" "u"".staned.

.. F,emenia was siil l operating under this misiaken belief. iementa had aresponsibirity to folow up on excurpatory information. noi.to-,n"nuon ,n"responsibility lo follow up with San Beroardino.

After beinq advised that Femenia had no intention of calling SanBernardino, and tha{ the Task Force was not investjgating teiry S;irn, r took tneresponsibility,of fo owing up with san Bernardino. r '*".

i iu.n irr" J"tair lrom thesummary ot San Bernadino s case by Commander Goggln, *no ,u" u o"t""liu*workrng on the case at the time. The details were shoc-klng to *" uno nad manysimilarities io some of the cases l.rere in flte phoenix'Area I immediafelyinicrmed Comn.tander Sweeney oi these facts and totd Swelney lwoutd workwilh San Bernardino on their cases 10 remove feny Smitii irom our streets.Commander Sweeney told me, ',\ iait a minute, we "uni

.ofu" ini.. w" nuu" tolet the Task Force solve this., l informed Commander Sweenef tn"t f O,O notwlsn to have anything to do with the Task Force or lheir cases as they hadalready made up lheir minds and were not interested in fnis informalon. twasonly Inlerested jn working with S,rn Bernardino to fulril l our responsibili iy withthem as my responsibirity to rhe rasK Force was complete. However, r was:id"r",9 ly Commander Sweeney ro give rhe information io tnen Lt. Benny penalmmediaiely, so I followed ord-.rs

^ Lt_ Pena was not happy to see me and angry that I had called SanBernardino, even lhough the Task Forc€ haO no inten'tion oi Ooinj

"o torgettingtherr responsibility as poiice ofiicers to ollter cases. not just the'one lhey wereworking o,-... I wcurd noi have anything to do with such a dlrericrion or duty. and I

Page 3

certainly did noi want to be att€ched to an\,.thing the Task Foice was dorng at thispornt. i was only focused o| getting Terry Smith o{f ihe streeis and fulfi l l i-ng whatlbelieyed was ihe City of phoenix poljce Deparlment," ,urponrili,,,y to Oo .o.Li. Pena made it very clear he did no{ want any further information on Smith, andwas n'tore than will ing to not have any more contact with him or the Task Force.

Upon felurning to work the iollowing cjay on September 22, 2006, lwas:scof:d lo Conrmander Sweeney,s office by Sgt. David Minson wlom I workedlor at the trme. I vr'as told by Con]mander Sweeney, Ll. Fischer anJ Stg. Minsonlhat Lt. Pena stated my invesligation into Terry Smith was giving Mark CouOeaua defense. lv/as then ordered to stop all invesiigation intoflrrytmitn. anO towflte whal informalion I had in a Worcj document. I prolested and told them thecase in San Bernardino had nothing to do with the Baseline cases. and it wastheir responsibili ly io get this vjolent criminal ofi tf,e street. S"""",f, f protestedabout writing whai I had in a word document as this was an obvious attempt lohicte the^ information I had compiled. It the investigators lelt this inlorma|on wasgrviog Goxdeau a deiense. lhey must complete the investigation in order toeiiminate Terry Smith with factuat information. noi hiding the li;ited jnformation Ihad conrpiled. Even more glaring vras the responsrbrli iy rn tne San Bernardinocases. Commander Sweeney told me that he had been tn,"ut*uo Oy Cnl"fRobinson. he vras a probationary Cotlinander, unO moulvus-noining ne couldalo

Ll Pena s statement that I was giving Goudeau o defense showsknolvledqe that the informaiion already pioviclld coulti Oe Lxcutpatory. ffrefailure 10 follow Lrp with San Bernarcjrno, the order to make sure I did not. and theorder io wrile lhe informaiion lhad in a worO Oocument ,lt"uO ot tn"departmentai r.eport or eveJr its ghost report (u" ft. p",i" ""fiuO

iii"ppeur"o toDe acls lc prevent any further ir]formarion from coming out t;at courd beexculpatory.

I rias infcnned bV anoiher officer that Terry Smilh had struck again bybeating up and a[enrpting to rol] an erclerry man, and was in custody, about to belel.go. I took custody of Terry and assun.)ed responsibillty for the investagation.'-'his incident began with Terry iirst trying io get inside "

C(rrlf,"s-Cf,ici en wtri"ilvas ctoserj. Atone inside wa.s lhe fernale manager getting ready,of the da,/,sbusin€ss ironicall!i. I had a mee{ing rvith ihen Exlcuive n"ssistarit C;,;i;;;";and commander sweeney about rhe slreet crime Reduction Fioqrl, uno no*lo make t1 go cily wide. BeIore l€ avrng lo go lo the meettnq,' I called SanBernardino and spoke tc the cJetectrve intorrniO ni, ,f.,u, i"iry,"*", in custodyul9 | *9yi1 altend the initial appearance in order to nrake sure Terry was hetdwrih a high enouqh boncl, givinE rhem time io get to phoenix and conductInlervre\,,,,s with botlr lerry anC hr: fioihef \.r/ho was ncw r,vill ing to ccopefate wlll.l

Paqe 4

them The detecllve was very excited and told mecommand and hoped to be here in lhe morning.

he would speak to his

tjpon arflval at n]y meeling v,,ith Comn.tander Sweeney and Chief Frazier, Iin{ormed lhe two i had Terry in custody. By the time I reiurned to the statronapproxrmately one hour later, not only was the San Bernardino deteclive nolonger coming lo Phoenix, he had been orCered nol to speak lo r,re anymoreaboui lhe case. He was also ordered not io lell me whom his command hadspoken lo in Phoerix and what was satc.

Terry Smith was convicled ol Aclult Abuse for attackinq an o,oer manwhose ability to resist was non-existent because of the meclicatioi hu ,"u" on.Terry could have received ten years in prison because of his violeni n,story. Aspan ol an aggravation hearina. I \,vanted to show the letters his mother hadprcvided to lhe court. Dstective Fenrenia refused lo turn them over to me tor thehearing, even though he ciaimeC they had no bearing on his case.

Ol Sepiember 26. 2006 when paul Ruben wrote a ierrible arlicle abouitlre Tempe deieciive in the Ne\ir r-imes. I gained some more iniormat'on aboutthe Tempe case related io lhe Baseline killer and the murcjer ol GeoroiaThomosoa The ariicie stated Georgra hact been scared because .";,";;-";been sralking her al the apa{ment apparenfly connecrecl io the roommate as sheasked her father to help gel her out of the lease. Being unable to do so, theroommale, whom the father only kne\,/ as Tiffany, moved out. Tiffany is TerrySmith s ex-wife s firsl name, and a woman Renee Smith beqged DelectiveFemenia and me to firC. Renee said the lwo were f ite gonnie "a'nd Clyde andthat they needed to fincl her as she,\,r'ould tell them a lot. Once agarn lorougntthis to tlte aitenticn of Commander Sweeney and I was ordered to" iake it lo theTask Force over nry stronll proiest. Lt. pena tord me they hacr rookecr at rr andtlte foontmate had no connections 10 Terry Smith. l did not belteve thernroTmation had even been looked al as it was obvious Ll. pena did not know thedelails and !4,as not open lo it. ihis w€s the exact reason I protested speaKtng tothe man airyn]ore. I believe such inforn.lation would be easy to find and rvouldnot require ioltow up. simply dojng computer work woujd probably do it especiallyif one had all the informalion from the depanmental repori.

ln tale l!.4ay of 2009 met v,rith Comntander Cljma wlto was running VCB aitne 1ime. CommanCer Clima apologized ior the above acts commi ed by theInvestigative ieam a.ai its supgr,Jision. Th-- conversation went to a receniInvesirgalion into vr'ho had reieasecl m1' case ii le on Terry Smith lo the MarkGoudeau's defense team. l/any suspected it was Dave Barnes, ano I believedl1])/ thumit drrve could clear Dave Barnes of suspicion if I could get il back frommy ex-vrife. who refused to lurn tt over to me. A few days later lh-e Gilberi policeDepadl.ileni arfiveC al r I e>:-',^:if.,- s no|lle iockinE for my thumb drive. an act tne1,l

Page 5

refused to do at my reouest. Thethat thumb dflve For me nor wereDUring ihis contact they solicjteC an1e wiih a crime

Gilbert Police Department was not looking forthey lhere for the Gilbert poljce Depa(ment.repon Trom my ex-wife in an attempt to charge

- In late July of 2009, Offlcer Dave Kothe and I met with Asststant ChiefRobinson at his request. I inforn.red Chief Robinson ,i tnu

"t"iy. Ciref nolinsonapologized tc me again tor how I had been tteated anO ttre tiri 'nqs inat had beendone cl.riei Robinson dcnject threalening Commander S;;;;;;;r caling SanB€rnardino shulting down that investigatio;. i informeJ ci i"i iotii"on *no"uu,.d,9

:9 *n: willrng to let a suspected murderer run our streets ln orOer to hidewlrat ihey had dons in the Baseline. cases, and this was a felony. I vlweC to himi vrould iollow up lvith San gefnar.lino anci lhat Terry Smith w6uld not oei out oiprrson before that ioilo$, up,.vas comptere.

Jusl a fevr da"vs later on August 4. 2009, the Gilbert police Departmentarnved al my home and gave me a.citalion.for supposedly vlotatrng a CourfOrder in my divorce case back on,.lt4ay_16r,, "i

tnli V".r,,fn" lame cr,argesolicited irv therri on June 4rr,. ci,bert- p.D. oit";;iJ;o' rna'tJ'a oonre"ticviolence case out of nry going jnto riry garage to get my things while al the homeuncier couri order. A case phoenix could Rre mi to, it frr"i CiiU"rt refused tolaKe any exculpalorv eviderce and I v,,as lold they only needed protaole Cause.Il]l: l,-1:1":r case was. dropp_ed after rhe Gilbel pri""""tor" Oi-"" askecj forTour coitt lnua!-ices it order lo i ind a charge, as no SUch order had ever beengrven. let alooe been violated Thln,y a*orney he wourd no1 ,,""" ,,il5'in'j?T3l',ii:fr,ffiTff;ffix'"?i:l:tlropped it, lrul that il was being driven fronr above him.

Because oi lhe acrior.rs of the lnvestjqators and their comn.land siatf, I havebeen made a deiense witness anC the informalion 0""."J to U" "'r"ulpatory.

Inave oaen Intefvien'ed by r'roth the prosecution and the defense. since thernlervie\\,S,. members of the City cf phoenix poiice Department unO1n" fil"ri"op"(-ounty Aitorney s ofii.e padicipated rr an arlcre wrilen by Faut Ruoen iooesiroy nty character, credibilitv and career. This aflicle was iactualty rncorreclarjd a pitjful display of how far someone ls will ing to qo to clestroi;y credjbitityand career. I has been harn.]tul to bcth Ine ancl riy fa'm;ty. RuO"n,'rurnor"o ro O"Iil l l:9 1.b""k

about the case ior personal gain. with perionai connecrrons to thernvesrigators on the case. v,/as allowed to imbed himself. To my knowledg€,allowing a prinr repcner 10 have sucl.i access or a high proflle case L unhearc of.Also. ii, is mv u|delslandjnq alleEatrons made by a homicide deleclive lhat Rubenllas ailowed to vi.t,"\,reslricied areas of ouf compuiei. system were atso noiInvestigated b_v corr]mand staff.

P6ge 6

lmmediately after the article was written, I decided to see if thernvestigatofs on thls team had even done the mosi basic computer worK on ineinfofn'raiion I had provided lhem on 'Tiifany Georgia Thompson s roommate tndoing so. I found informat'on new lo me that is circumstaniial in nature. andshould have been followed up on. I found Tiffany Njchole Thompson, theindlvidual lhad found a Vy'ashington drivers license on as well as an Aflzonadriver's license with the Milt Avenue address in which Georgia Thompson livedand was found dead al. The same na e I gave to Ll. pena and advised him itcou d be Tefry Smilh s ex-wiie, but had iound two women usinq variations of ihesame name. The roommate oi Georgra Thoi lpson, pena sajd, had been rooxecinto anC had no connection to Terry Smith. However, I found a Tiffany NichoieThompson who has two children vr'ith Anthony Smiih. Anthony Smith is from SanEernarcinc anij has the latioc ci "E[4plRE" on his righl arm as well as a tattoo cl' iNSANE- on his tefl a|nr. l-hese tatlcos ntaich the Inland El,4plRF Bloods fromSan Serirardino. th€ same gang set that Terry Smith is from. Funnermore. Ibelieve il 'ris to be Terrf, Srniih s brother but would nol be able to coniirm thiswithout acrually conduc{ing a fo ow up investigation. rf either are true. this wourdmean Terry Smith wouid have probably frequented his brother/homeboy,sapanmenl and coutd have been ihe stalke, Georgia was talking aoout, as it isvery evrdenl lhat Terry Smith has been stalking women his enlir; l ife. especiallyduring the time Irame and proxlmity of these cdmes and his recent release fromplson JUSI prior to this crime spree beginning. Stalking incidents the task forcewas very aware oi and nolri denies accofding io the article written by Mf. Ruben.I found ihis iniormatron by dcing veri, basic computer work in a very short amounloi time. I am aware invesiigalofs are noi inlerested in it; however, cn its face t isexculpatory and in need of proper follow up.

Ihe aclions of some in the Task Force and its command have made itnecessary ioi-nt: to commLlnicaie these issues with a letter to prolect me ffomfurlher unlvarfanted allack.