AFFIDAVIT

STATE OF OHIO, COUNTY OF MONTGOMERY, 55:

Affiant, Crystal G. Stapleton, having first been duly sworn, deposes and says as follows:

1. My name is Crystal G. Stapleton, I am age 21, and I have personal knowledge of the facts contained in this Affidavit.

2. I am giving this Affidavit to the attorneys for John C. Gonzalez voluntarily, and I have not been promised anything in exchange for giving this Affidavit by them or any member of the Gonzalez family. I am giving this Affidavit, which contains facts as I recall them, and I have not been threatened or coerced anyone to give this Affidavit.

3. John C Gonzalez .was charged with criminal offenses for events which occurred on March 12, 2005 at my residence located at 30 Westerfield Drive, Centerville, Ohio. John C. Gonzalez had a key to the residence as did his mother, Maria Gonzillez. Before March 12, 2005, and even after March 12, 2005, he did have my permission, from time to time, to come to my residence. Maria Gonzalez was a co-tenant and guarantor on the lease.

4. On April 1, 2005, John C. Gonzalez did have permission to come to my residence. He came to my residence on April 1, 2005, and he was allowed into the residence by a friend of mine. This occurred around 8:55 A. M. On April 1, 2005, John C. Gonzalez did not force his way into the residence, and he had my permission to the residence on that date.

5. Also on April 1, 2005, I was scheduled to testify in front of the Montgomery County Grand Jury regarding the events of March 12, 2005. I did testify at the grand jury on April 1, 2005. I was not asked to give any testimony to the grand jury regarding John C. Gonzalez'S entry into my residence on April 1, 2005. I had been previously interviewed by the police on April 1, 2005, regarding what happened on April 1, 2005, and I did not tell them that John C. Gonzalez forced his way into the residence or that he did not have permission to be at my residence on April 1, 2005.

6. That I have told the prosecutor initially assigned to my case, Judson McMillin, on many occaSions, that I did not want charges pursued against John C. Gonzalez either for the March 12, 2005 in~ident or for the April 1, 2005 incident. I told Judson McMillin that John C. Gonzalez did not force his way into my residence on April 1, 2005, and I also told Judson

McMillin that John C. Gonzalez had permission to be at my residence on April I , ?Pl' I first made these statements to Judson McMillin around

2..C , and I repeated them on several occasions thereafter to him.

7. I met the prosecutor assigned to my case, Judson McMillin, shortly after the events of March 12, 2005. I thought it odd that he kept calling me down to be Interviewed by him about the charges against John C. Gonzalez. I remember one of these meetings, Judson McMillin "winked at me" which I took to be flirting.

8. In the summer of 2005, Judson McMillin came to my apartment located at 30 Westerfield Drive, Centerville, Ohio. He told me that he had been drinking, that he wanted to come over and see me. He did come over to see me, and he told me that he would hug me except he was worried that an investigator might be watching as he came to my house. When he came to my house, he also said that John C. Gonzalez would go to jail for a long time.

9. I moved to Toledo with John C. Gonzalez in late August of 2005. Around this time, I was again telling Judson McMillin that I did not want to prosecute for either the March 12, 2005 Incident or the April 1, 2005 incident. I did not tell him at anytime in August of 2005 that I was fearful of John C. Gonzalez or that I wanted John C. Gonzalez's bond revoked because I was fearful of him.

10. I moved back from Toledo, OhiO, on September 11, 2005. Before moving back, arrangements had been made for me to meet with Judson McMillin and I did so either on September 11, 2005 or within days thereafter. We went to John Bryant State Park, we rented a movie and we returned to his apartment where we had sexual relations. For approximately two (2) weeks after September 11, 2005, I was with Judson McMillin almost on a daily baSiS, and we continued our sexual relationship during this period of time.

11. While I was with Judson McMillin during this period of time, he made statements about us being together when this was all over, meaning the charges against John C. Gonzalez, he made me believe that perhaps he would adopt my children, that we would be together as a couple when this was all over, and he also said that we would grow old together. He mentioned marrying me and having children. He always said very nice things to me, and I was also very happy when he called. He also took me to his parents' house in Indiana around this time, and he introduced me to his friends. He was also calling my family members and friends to find out where I was when I moved to Toledo, Ohio. I also met the prosecutor at a mall in Cincinnati.

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12. In late September of 2005, Judson McMillin began to text message me on my phone and send me photographs of himself which he took with his cell phone and then sent to my cell phone. I also sent Judson McMillin photographs of myself. The photographs he sent to me of him were sexual in nature as were my photographs. Some of the text messages and photographs are attached to this Affidavit.

13. During my relationship with Judson McMillin, several times he told me that if "I did not cooperate and testify against John Gonzalez, that the State of Ohio could have me arrested as a witness and jailed until I did testify." I was also told this by the prosecutor who took over this case for Judson McMillin.

14. As of the date of this Affidavit, I still do not wish these charges against John C. Gonzalez to proceed. He is the father of one of my children and r desire a family relationship with him and eventually getting married.

15. No one has influenced or coerced me, including any member of the Gonzalez family or his attorneys to seek a dismissal of the charges or sign this Affidavit.

16. On two other occasions when I appeared as a witness in Kettering Municipal Court I requested the charges be dismissed. I appeared to testIfy, but the Prosecutors, whom were not Judd McMillin, both honored by request.

Further Affiant sayeth naught.

s~ned in the "'resence of:

. IL

Sworn to before me and subscribed in my presence this / 7 day of November, 2005.

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