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STATES DISTRICT COURTEASTERN DISTRICT OF CALIFORNIA

Elizabeth Diane Downs,,Petitioner

T na Foreman, Warden,CCWF,Defendant

)

Case No

Affidavits ofDan Newby

) ss.)

STATE OF OREGONCounty of Linn

fsssipllfipan Newby, being first duly sworn on oath, depose andsay:

1. I am a citizen of the United States, over the age of-eighteen, and competent to be a witness herein.

;2. I am an acquaintance of James Clair Haynes, who residesifcat-i540L-Almaden Street, Apt. 1, Eugene, Oregon.

j i ' r - - : - . ;3.Cl first met James Haynes to sell him a gun.We were in5?James Haynes' car^, and Mr. Haynes was driving. Byron Gray was"in the passenger side of the vehicle. Mr. Haynes and Mr. Grayhad been talking about the shooting of the Downs children.

gltev Gray was really scared or very intimidated by what Mr.i||Haynes_was saying Mr. Gray told James Haynes, it bothered him* ^ a lot, and he really didn't want to know if he had shot the

AFFIDAVIT OF DAN NEWBYm- Page. 1

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children or not. I wassitting in the back seat, andtried toblock out what they were talking about, because I didn't wantto hear it. Mr.Eugene Registercomposite in thelike. I toldhimbetter likeness

Haynes turned and handed meGuard newspaper to look at.

a copy of theThere was a

paper, and Mr. Haynes asked me who it lookedit looked like him. It couldn; 'thave been a

even if he had posed for the drawing.i. 4. I know many people besides Byron Gray, whoJames Hayneshas made this admission of guilt to, in theDowns children.

murder of theI don't know if he shot the Downs children,

but it seems to methat he wouldn't go around telling peoplehe did, unless he had something to do with it.

SUBSCRIBED A NDOctober, 1993,

-

n n~ j?# i h-4.^L/'-t // S_ I / J LDan NewbyS W O R N to before me this

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Wendy R . W ill is , O S B 94496Assistant Federal Public Defender101 S.W . M ain Street, Suite 1700Port land, O R 97204Telephone: (503) 326-2123

IN THE UNITED STATES DISTRICT C O U R T**F O R TH E DISTRICT O F O R E G O N

ELIZABETH DIANE DOW NS, ))Petitioner, ) No. C V 96-900 (HA))vs. . ) .AFFIDAVIT O F) WILLIAM J. TEESDALESONIA HOYT, Superintendent, )

Oregon Women's Correctional Center, ))

Respondent. )STATE O F O R E G O N )) ss.County of M ul tnomah )

I , W ILL IAM J . TEESDALE, being first duly sworn, depose and state as follows:1. I am an investigator in the Federal Public Defender's Office an d have been

assigned to w ork on the Elizabeth Diane Downs m atter.2. O n August 29, 1 997,1 had a telephone conversation with Dan Newby . Prior to

that conversation, I had reviewed an affidavit signed by M r. New by , which discussed his

PAGE 1 - AFFIDAVIT O F WI LLI A M J. TEESDALE ( T e e - N e w b y . a f f )

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knowledge of James C laire Haynes.3. M r. Newby told me that he remembered M r. Haynes telling him that he was the

one who attacked the Downs' family in 1983. M r. Newby told me that he did not wish toprovide a further affidavit because he did not want to "stir things up again."

4 . M r . Newby said that the affidavit he provided in 1993 is a truthful and accuratestatement.

DATED this "tfo day of July, 1998.

WILLIAM J. TEESDALE

SUBSCR IBED AND S W O R N TO before me this / t f i day of July, 1998, byW illiam J. Teesdale.

OFFICIALSEALJILL LAMM6

C OMM I S S I O N E X P I R E S S E P

*- A W m eNotary Public for OregonM y Commission Expires: ^/ "7 /

PAGE 2 -AFFIDAVIT OFWILLIAM J. TEESDALE (Tee-Newby.af f )