COUNTY COURT OF THE STATE OF NEW YORKCOUNTY OF OSWEGO: CRIMINAL TERM

THE PEOPLE OF THE STATE OF NEW YORK

Respondent,SUPPLEMENTAL AFFIRMATION # 1

-vs- TN SUPPORT OF DEFENDANTSMOTION TO VACATE CONVICTION

GARY J. THIBODEAU, Indictment No. 94-161

Defendant-Petitioner.

STATE OF NEW YORK )COUNTY OF ONONDAGA) SS.:

RANDI JUDA BIANCO, attorney for the defendant herein, being admitted to practice

before the Courts of this State, with offices located at 4 Clinton Square, 3rd Floor, Syracuse, New

York, 13202, affirms the following under the penalties of perjury this supplemental affirmation

in support of defendants motion to vacate his conviction:

1. On July 30, 2014, the defense moved pursuant to Article 440.10(1)(b), (g), and (h)

to vacate the judgment of conviction against Gary Thibodeau for Kidnapping in the First Degree,

in violation of New York State Penal Law 135.25, which was entered on the 7th day of August,1995.

2. Since the date of the original filing, additional witnesses have come forward,

compelling defendant to supplement his original motion. The averments herein are made upon

information and belief based on a thorough examination of the court records in this case, an

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independent investigation, interviews with witnesses, the attached exhibits, and a memorandum

of law, which was previously filed and made a part hereof

A. Intentionally Withholding Brady Information concerning Eyewitness Observations.

3. On August 16, 2014, Darlene Upcraft contacted the defense after hearing recent

news media accounts regarding the disappearance of Heidi Allen. She was confident that she

had seen a rusty white van parked outside of the D&W on her way to church Easter morning (the

date of Allens abduction), but the Sheriffs investigator repeatedly asked her whether it was

black and white. She maintained that there was no black on it.

4. Ms. Upcraft had originally provided the Oswego County Sherriffs with this

critical information within days of Heidi Allens disappearance. This information was withheld

from the defense. Specifically, Ms. Upcraft informed the Oswego County Sherriffs Department

of her observations at the D&W convenience store on the morning Heidi Allen disappeared. Ms.

Upcraft affirmed the following on August 18, 2014:

I recently returned home from a trip to Alaska and I read about the developments inthe Heidi Allen case. I have always been bothered by the case because I drove by theD&W Easter morning in 1994 and I saw a white very rusty van parked perpendicularto the store.

I was driving to the Sunrise Service in New Haven around 6:35 AM or thereaboutswhen I passed the D&W on the left side of the road. I noticed the store was open andI was surprised. When I looked over, I saw a white very rusty van. It did not haveany black on it and the front of the van was facing the front door to the store. Ifigured my son would want to stop on the way back for a Mountain Dew.We left Church at approximately 7:30 AM and we drove past the D&W. I did notnotice anything and we never stopped. Later that morning, I learned Heidi Allen wasmissing from the store and there was a command center set up at the fire barn. Acouple days later, I made a statement to the police and I told them that I saw a whiterusty van parked perpendicular to the store on my way to Church. Several days later,I received a call from a law enforcement officer who asked me to clarify what I sawin regard to the white van.

Before I had a chance to call the officer back, a deputy came to my house and askedme again if it was a black and white van. I told him it was white, rusty, not black. He

2

asked me if I was sure it wasnt black and white and I told him it did not have anyblack on it.

After I saw the Thibodeau van, I understood why they kept asking me if the van wasblack and white. The Thibodeau van was not the van I saw. I dont recall ever beingasked to sign a statement.

Exhibit BB.

5. Although Ms. Upcraft gave the Oswego County Sherriffs Department detailed

information concerning her observations of a rusty white van parked in front of the D&W, and

the fact that it did not match the van owned by Richard Thibodeau, this information was

intentionally withheld from the defense in violation of Brady v. Maryland.

6. The defense was not provided with a detailed account of Ms. Upcrafts

observations, but rather, at the time of trial the defense was provided with an incomplete

sanitized version of Ms. Upcrafls observations. In the lead sheet provided to the defense, there

is absolutely no mention of her seeing any van; no description of any vehicles parked facing the

front door of the D & W; and no mention of the fact that the van she did observe was not Richard

Thibodeaus van.

7. The lead sheet the defense was provided simply stated that Ms. Upcraft drove past

the D&W at 6:35 a.m. on her way to church and the store was open. On her way back from

church at 7:31 a.m. she didnt remember seeing anything. [Exhibit CC).

8. The intentional omission was exacerbated by the Oswego County Sheriffs

Department in their effort to have Upcraft identify Richard Thibodeaus van by repeatedly

asking her whether the van was black and white. She maintained that the van she saw was white

and rusty, and the lead sheet did not reflect her observation, but rather was sanitized by

completely omitting the most critical detail. Had counsel known about the observations of Ms.

Upcrafi, a reasonable possibility exists that the verdict would have been different.

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B. Intentionally Withholding Brady Material from a Suspects Wife

9. As previously alleged in defendants original affirmation, Roger Breckenridge

was a suspect in Heidi Allens disappearance, along with James Steen and Michael Bohrer.

Breckenridge was also allegedly involved in junking the van used in Ms. Allens abduction.

10. At the time of the initial investigation, members of the Oswego County Sherriffs

Office and District Attorneys Office repeatedly interviewed Roger Breckenridges estranged

wife, Tracey Breckenridge. They ultimately took a statement from her before Gary Thibodeau s

trial. [See Exhibit DD]. This statement was never disclosed to the defense as required under the

mandates of Brady v. Maryland.

11. Tracey Breckenridge stated that on the day of Heidi Allens disappearance, Roger

Breckenridge left the house in the morning, but she did not recall the time, and he did not return

until dinner time. Ms. Breckenridge recalled having Easter dinner with Roger at their home the

day Heidi Allen disappeared which is contrary to what Jennifer Wescott told Deputy Investigator

James Pietroski. In her effort to provide an alibi for Roger Breckenridge, Wescott said that she

saw Roger on that Easter Sunday because he came over and had dinner with her and her family.

[See Exhibit E at 20]. Wescott explained that she remembers because it was their first holiday

together.

12. Ms. Breckenridge also recalled a conversation between Roger Breckenridge and

Thumper (James Steen), during which Roger said he did not want anything to do with the van.

At some point during or after their conversation, Ms. Breckenridge left the house and when she

returned home Roger Breckenridge was gone. She remembered thinking, oh God, did he go

with Thumper to get rid of the van?

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13. Tracey Breckenridge was interviewed by both the District Attorneys Office and

the Oswego County Sheriffs Department and provided a written statement that was never made

known to the defense. Ms. Breckenridges information concerning the Allen case was obviously

relevant or she would not have been repeatedly interviewed. As Ms. Breckenridge stated [t]hey

were out at our house so many times it was unreal. [Exhibit DD].

14. Had counsel been made aware of the information concerning the other suspects,

the fact that Roger Breckenridge had no alibi on the morning of Allens disappearance, and the

conversations between Roger Breckenridge and James Steen about the van, defense counsel

could have undermined the prosecutions case.

15. The defense submits that the prosecution and/or their agents withheld exculpatory

and impeachment material pursuant to Brady v. Maryland, 373 U.S. 83 (1963), in violation of

Art. I, 6 of the New York State Constitution and the fifth and fourteenth Amendments of theUnited States Constitution. Defendant contends that had the information been disclosed, a

reasonable possibility exists that the verdict would have been different.

C. Newly Discovered Evidence Consisting of Admissions Surrounding the Crushing ofthe Van Used in the Abduction of Heidi Allen.

16. On August 20, 2014, Linda McKie and Clifford McKie provided information to

the defense regarding the destruction of the van used to abduct Heidi Allen. Specifically, Mr.

and Mrs. McKie stated that they met an individual name Ed Lewis in 2006. He worked for

Richard Murtaugh driving crushed vehicles. On approximately five occasions, he specifically

told them that he drove a load of crushed cars to Canada and he was sure Heidi Allen was in

those cars. [See Exhibits EE & Ff].

17. Most recently, Amanda Braley, a prior friend and acquaintance of Steen, Wescott

and Breckenridge, stated that there were multiple conversations between Steen, Breckenridge

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and Wescott when they discussed scrapping the van used in the abduction of Heidi Allen. [See

Exhibit RH]. In particular Braley recalls one instance when she was at Jennifer Wescotts

parents house on County Route 38 in Hastings and the topic of Heidi Allen was brought up.

Wescott and Breckenridge began to laugh and Breckenridge stated, we took that bitch to the

scrap yard in the van, had it crushed and she was shipped to Canada. Shes long gone now. He

swung his hand up and pointed his finger in the northern direction of the sky and said, see-ya

bye. Breckenridge laughed and Wescott slapped him on his shoulder and said, Roger, you

cant be saying that shit. He responded with what len? That shit is done and over with, and

besides nobody is ever going to find her. Roger proceeded to laugh and Jen shook her head and

rolled her eyes and said, whatever Roger. [See Exhibit RH].

18. Braley also stated that sometime in 2006, Tonya Priest asked her to walk with her

in the woods to try and find a cabin where she said Steen told her Heidi Allen was buried.

Braley confirmed that they never found a cabin or Heidi Allens remains.

19. This information is significant as it corroborates the information provided by

other witnesses. Specifically, it corroborates the statement made by Joseph Mannino, see Exhibit

T, whereby James Steen admitted to Mannino that he took the van used to abduct Heidi Allen to

Canada and had it scrapped. It further corroborates information contained in the police recorded

conversations between Jennifer Wescott and Tonya Priest, see Exhibit C, whereby Wescott

admitted to helping Roger Breckenridge junk the van used to abduct Heidi Allen.

20. On March 7, 2013, Wescott admitted sending a text message to Richard

Murtaugh, the owner of the junkyard, immediately before going in for her police interview. This

is significant because Priest never mentioned where the van was junked during their monitored

phone conversation. Notwithstanding, Wescott was evidently compelled to send a text message

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to Murtaugh before being questioned by Investigator Pietroski. Interestingly, it was not until

Investigator Pietroski asked for her consent to go through her phone that Wescott stated,

Whatever. . . because I even text Rich Murtaugh today about it. Because supposedly Tonya

said the van was junked there. So I asked Rich Murtaugh, [d]id Thumper have anything to do

with messing with Heidi Allen? And he said whos this with some question marks and I said

len. [See Exhibit E, Transcript of Police Interview of Wescott at 19]. Later on during the

interview, Pietroski followed up with Wescott concerning her contact with Murtaugh when he

asked, [s]o you called the guy at the junkyard and asked him about it? To which Wescott

responded, I actually sent him a text this morning asking him if he knew anything about Roger,

Thumper, Mike Bohrer and Heidi Allen. Contrary to her earlier claim when she suggested

Tonya told her the van was junked there, she stated, that is where Roger worked. Thats why I

texted him. [See Exhibit E at 24]. Wescott stated that after she questioned Murtaugh about

Heidi Allen, he sent her a question mark asking who she was and Wescott decided not to respond

and told Pietroski, because I was like alright if he doesnt have my number then obviously we

dont need to talk. [Exhibit E at 24].

21. Priest never mentioned Rich Murtaugh to Wescott and the information regarding

the van being junked came solely from Wescott. In the detailed statement provided by Priest

concerning Steens admissions, she never once mentioned anything about junking the van. Had

that information been revealed to Priest by Steen, she would have undoubtedly shared it with law

enforcement when she initially came forward. In fact, on february 25, 2013 during a monitored

and recorded phone interview with Investigator Pietroski and District Attorney Greg Oakes,

Priest told them she was 99% sure the van used to abduct Allen belonged to Bobrer and was sold

to a John Collins. She believed the van could still be on the property of Collins. [See Exhibit II]

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Priest was not aware of the van being junked until March 1, 2013 when Wescott told her she was

involved in scrapping the van. [See Exhibit 3]

22. That admission was volunteered by Wescott during her initial phone conversation

with Priest before the monitored recorded call on March 3, 2013. [See Exhibit B p. 9 & 10].

Once Wescott admitted to Priest during their private conversation that she knew she helped scrap

the van with Roger, Priest brought it up during the recorded phone conversation in an effort to

capture her admission on tape. Specifically, Priest stated, Thats what he had told me and I

mean as long as thats all you know and everything then the only thing they said you did was

junk the van with Roger then I really wouldnt worry about anything. I mean you really had no

part of it - its kind of sad that it even happened. Is that why you guys went to Florida? To

which Wescott replied, Uh huh. Priest never mentioned Murtaughs name or business during

their conversation. Murtaugh s name was revealed for the first time during Wescott s interview

with Investigator Pietroski. [See Exhibit C and Cl at p. 3 & 4]

23. The information implicating Murtaugh only came through Wescott and without

question demonstrates her direct knowledge and involvement in the destruction of the van that

contained Heidi Allen.

D. A Juror Has Come Forward Stating that the New Evidence Causes Her to Believethat the Wrong Person Was Convicted.

24. On August 21, 2014, ajuror for Gary Thibodeaus trial executed a sworn

affidavit, in which she stated, I am very upset to learn that we were not provided all of the facts

during the trial. In particular the fact that Heidi Allen was a drug informant and the Deputy

dropped an index card disclosing the fact she was an informant, would have been critical during

our deliberations. This information alone would have definitely widened the scope of possible

suspects and made a difference in my decision. In addition, the juror listened to the recorded

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phone conversation between Tonya Priest and Jennifer Wescott and she is now convinced of his

actual innocence and believes he should be released immediately. [See Exhibit GGI.

25. The defense recognizes that statements by jurors may not be used to impeach a

verdict once the jury has been discharged. (See People v. Jacobson, 109 Misc. 2d 204, 205, 440

N.Y.S.2d 458, 460 (Sup. Ct. 1981) affd 89 A.D.2d 826, (1982). Here the affidavit by the juror

is submitted solely as it relates to whether the evidence establishes a reasonable possibility that

it would have changed the result of the proceedings as stated in People v. Vilardi, 76 NY2d 67

(1990).

WHEREFORE, for these reasons stated herein and in the annexed affidavits, exhibits,

and the legal basis outlined in the accompanying Memorandum of Law, this Court is urged to

reverse Gary Thibodeaus conviction.

Dated: Syracuse, New York /August 26, 2014

________________________________

Randi Juda Bianco, Esq.

9

People v. Gary I ThibodeauIndictment No. 94-16 1

EXHIBIT INDEX

Ki

2/28/13 TONYA PRIEST AFFIDAVIT3/1/13 TONYA PRIEST STATEMENTRECORDED PRIEST-WESCOTT TELEPHONE CONVERSATIONTRANSCRIPTS PRIEST-WESCOTTRECORDED JENN[FER WESCOTT INTERVIEWTRANSCRIPT JENNIFER WESCOTT INTERVIEW3/7/13 JENNIFER WESTCOTT POLICE STATEMENTMICHAEL BOHRER INTERVIEW AUDIOMICHAEL BOURER INTERVIEW TRANSCRIPT3/15/13 JAMES STEEN AFFIDAVIT5/2/13 MEGAN SHAW AFFIDAVIT6/6/13 LETTER FROM GREGORY OAKES TO RANDI BIANCO7/28/13 CARL ROBINSON AFFIDAVITFIRST ROBNSON-WESTCOTT FACEBOOK CONVERSATIONJULY 27TH FACEBOOK ROBINSON FACEBOOK4/27/94 SERGEANT LORTIE REPORT12/8/94 DEPUTY VAN PATTEN REPORT12/8/94 DEPUTY MONTGOMERY REPORT5/16/95 KLEIST REPORT7/28/14 JOSEPH FAHEY AFFIDAVIT7/30/14 JOSEPH FAHEY AFFIDAVIT (FILED AS4/14/94 DEPUTY WHEELER REPORT4/14/94 POLICE NOTES7/25/14 DANIELLE BABCOCK STATEMENT7/28/14 JOSEPH MENNINO STATEMENT7/29/14 DEBORAH VECCHIO AFFIDAVIT7/28/14 TONYA PRIEST AFFIDAVITTHIBODEAU POLYGRAPH EXAMINATION12/21/1994 LETTER FROM DODD TO FAHEYRICHARD HAUMANN AFFIDAVITTYLER HAYES AFFIDAVIT

I 3/19/13 BRECKENRIDGE STATEMENT (FILED AS SUPPLEMENT)8/18/14 DARLENE UPCRAFT AFFIDAVIT4/2/94 LEAD SHEET - UPCRAFT8/21/14 TRACY BRECKENRIDGE AFFIDAVIT8/20/14 LINDA MCKIE AFFIDAVIT8/20/14 CLIFFORD MCKIE AFFIDAVIT8/22/14 ELIZABETH HEAD AFFIDAVIT8/25/14 AMANDA BRALEY AFFIDAVIT2/25/13 RECORDED PHONE CONVERSATION BETWEEN DA OAKES,NV. PIETROSKI & TONYA PRIEST

SUPPLEMENT)

BR

EXHIBIT BE

COUNTY COURT Of THE STATE OF NEW YORKCOUNTY OF OSWEGO: CRIMINAL TERM

PEOPLE OF THE STATE OF NEW YORK,

Respondent,-against-

GARY THIBODEAU,Defendant-Petitioner.

AFFIDAVIT

INDICTMENT #94-161

STATE OF NEW YORK)COUNTY OF OSWEGO) SS.:

I, Darlene Upcrafi, being duly sworn, depose and state:

1. I recently returned home from a trip to Alaska and I read about the developments

in the Heidi Allen case. I have always been bothered by the case because I drove by the D&W

Easter morning in 1994 and I saw a white very rusty van parked perpendicular to the store.

2. I was driving to the Sunrise Service in New Haven around 6:35 AM or

thereabouts when I passed the D&W on the left side of the road. I noticed the store was open

and I was surprised. When I looked over, I saw a white very rusty van. It did not have any black

on it and the front of the van was facing the front door to the store. I figured my son would want

to stop on the way back for a Mountain Dew.

3. We left Church at approximately 7:30 AM and we drove past the D&W. I did not

notice anything and we never stopped. Later that morning, I learned Heidi Mien was missing

from the store and there was a command center set up at the fire barn. A couple days later, I

made a statement to the police and I told them that I saw a white rusty van parked perpendicular

to the store on my way to Church.

4. Several days later, I received a call from a law enforcement officer who asked me

to clarify what I saw in regard to the white van.

5. Before I had a chance to call the officer back, a deputy came to my house and

asked me again if it was a black and white van. I told him it was white, rusty, no black. He asked

me if I was sure it wasnt black and white and I told him it did not have any black on it.

6. Afler I saw the Thibodeau van, I understood why they kept asking me if the van

was black and white. The Thibodeau van was not the van I saw. I dont recall ever being asked

to sign a statement.

cuLL . U.gcDalene Upcraft 1

Sworn to me this

jjcy of August 2014.

Notary Public

USA A. PEOSLES -Notary Pubiic, State cf ciLQualified In Onondaa C /

Rcg.IO2PE502l29 1&Wy ComrnSS10n Explies Dcc. 13,

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27 RE (Case facts) LEAD SHEET

Person reporting information:

NAME: ft /ep p P4ADDRESS:______________________________

PHONE: (home) 3?// (Work_________________________

Where dCcl you see victim?

__________________________________________

When did you see victim? C Date & time)

_____________________________

Was victim alone?_______ If with someone, do you know other

person?________ Can you describe other person?___________________

Direction and mode of travel? fie. walking, riding, driving)

I C in vehicle, can you describe vehicle?

What was the victim wearing?_________________________________________

Did you make personal contact with victim?_______________________

f so, what was content of conversation, if any?________________

What was victim doing when seen?________________________________

Were you alone when you saw victim?_____ If not., please tell US

who was with you_________________________________________________

you know victim personally, or did you identify from his/her

s cr Pt ion?___________________________________________

v other information you can provide us with?__________________rovers i needed)

V(ti,

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Ii I w -I 0 0

PEOPLE OF THE STATE OF NEW YORK,

Respondent,-against-

GARY THIBODEAU,Defendant-Appellant.

STATE OF NEW YORK)COUNTY OF OSWEGO) 5$.:

1, Tracey Breckenridge, being duly sworn, deposes and states as follows:

1. At the time Heidi Allen disappeared in 1994 I was married to Roger Breckenridgeand we lived together on Kenyon Road, not far from Gary Thibodeau. Roger leftour house that Easter morning, although I am not sure about the time, it could havebeen between 8:00 and 9:00 AM. He went to his brothers house in Parish forcoffee.

2. Roger returned later that day for supper.

3. I recalled a conversation between Roger and Thumper during which Roger said hedid not want anything to do with the van. At some point during or after theirconversation, I left the house and when I returned home Roger was gone. I thought,oh God, did he go with Thumper to get rid of the van?

4. Roger and I separated sometime in 1994, after Heidi Allen disappeared, Roger didgo to Florida with Jen, but I do not recall when they went.

5. Every time I turned around I was getting pulled over in Mexico and I was repeatedlyasked to provide more information about the Heidi Allen case and I was fed up withDonald Dodd. I gave him a written statement 20 years ago and I recently gaveanother statement to investigators. They were out at our house so many times it wasunreal.

Sworn to before me thisj.day of August 2014

Ftentdiflo0 .Not2IS1&f NYAppointed In OnondagaCoReg#01SA5070697My CommIeson Expires 1243.4g.

COUNTY COURT OF THE STATE OF NEW YORKCOUNTY OF OSWEGO: CRIMINAL TERM

AFFIDAVIT

INDICTMENT #94-161

Tracey

EXHIBIT EE

COUNTY COURT OF THE STATE OF NEW YORKCOUNTY OF OSWEGO: CRIMINAL TERM

PEOPLE OF THE STATE OF NEW YORK,

Respondent,-against-

GARY THIBODEAU,Defendant-Appellant.

AFFIDAVIT

INDICTMENT #94-161

STATE OF NEW YORK)COUNTY OF OSWEGO) $5.:

I Linda McKie, being duly sworn depose and state as follows: J.iItqii.n+h 45O 5 .

1. I was recently contacted by a friend of mine who I told severpl yar&ago about a mantelling my husband and I that he drove crushed vehicles to Canada and he was sure HeidiAllen was in one of the loads. My friend directed me to the recent media accounts abouta van used in the abduction of Heidi Allen being crushed and shipped to Canada. I wasalarmed and very upset because neither my husband nor I ever said anything to the policebecause we did not know whether to believe him.

2. These statements were made by Ed Lewis, an individual we met in 2006 and we startedsocializing with him regularly for about a year. He told us that he worked for RichardMurtaugh driving crushed vehicles. I do not know whether he worked full time forMurtaugh or periodically because we never asked him. On approximately five occasionshe specifically told us that he drove a load of crushed cars to Canada and he was sureHeidi Allen was in those cars. He was very serious when he made these statements to myhusband and I and we feel terrible that we never said anything.

Linda cKieSworn to before me this,,?t day of August, 2014

Notary PublicLISA A. PEOELES

Notary Pubto, State t tew YorkQuatfd in Onondaga County

[cg. IO2PE5O2123Wi Comrr,0Si00 Expires Dec. 13, 20_

ifi I w -I -F 11

COUNTY COURT Of THE STATE OF NEW YORKCOUNTY OF OSWEGO: CRIMiNAL TERM

PEOPLE OF THE STATE OF NEW YORK,

Respondent,-against-

GARY THIBODEAU,Defendant-Appellant.

AFFIDAVIT

INDICTMENT #94-16 1

STATE OF NEW YORK)COUNTY OF OSWEGO) 5$.:

I Clifford McKie, being duly sworn depose and state as follows:

1. My wife and I recently heard about new evidence surfacing in the Heidi Allen case andwe were concerned when we realized there was information that a van used in theabduction of Heidi Allen may have been crushed and sent to Canada. This informationwas consistent with admissions made by a man we befriended several years ago.

2. These statements were made by Ed Lewis, an individual we met in 2006 and we startedsocializing with him regularly for about a year. He told us that he worked for RichardMurtaugh driving crushed vehicles. We do not know whether he worked full time forMurtaugh or periodically because we never asked him. On approximately five occasionshe specifically told us that he drove a load of crushed cars to Canada and he was sureHeidi Allen was in those cars. He was very serious when he made these statements to mywife and I, and we feel terrible that we never said anything.

Clifford McKieSworn to before me this

,70.C day of August, 2014

Notary Public

USA A. PEBBLESNotaiy Pubc. State of New Yoric

Onalified in Onandaga CountyBeg. 102PE5021 239

LyCarnmiSSiOll Expires Dec. 13,20

Ill I w -I 0 0

COUNTY COURT OF THE STATE Of NEW YORKCOUNTY OF OSWEGO: CRIMiNAL TERM

PEOPLE OF THE STATE Of NEW YORK,

Respondent,-against-

GARY THIBODEAU,Defendant-Petitioner.

AFFIDAVIT

INDICTMENT #94-161

STATE Of NEW YORK)COUNTY Of OSWEGO) SS.:

I, Elizabeth Head, being duly sworn, depose and state:

1. I sat as Juror #3 in the Gary Thibodeau trial in 1995 and after sending out 15 notes anddeliberating for approximately four hours we returned a verdict of guilty against Mr. Thibodeaufor first-degree kidnapping.

2. I have always been bothered by our decision because we were never certain he was guilty andthere really wasnt much to go on because there was no hard evidence. We kind of felt like therehad to be something or they wouldnt have gotten that far.

3. Recently, I learned about several potential suspects who may have been the actual perpetrators ofHeidi Allens abduction and I am haunted by the thought we may have been responsible forsending an innocent man to prison. I am very upset to learn that we were not provided all of thefacts during the trial. In particular the fact that Heidi Allen was a drug informant and the Deputy

i) dropped an index card disclosing the fact she was an informant1in-the very paikig lt in vhih

V h have been critical during our deliberations. Thisinformation alone would have definitely widened the scope of possible suspects and made adifference in my decision.

4. After listening to the phone conversation between Tonya Priest and Jennifer Wescott, I was moreconvinced that Gary Thibodeau was wrongly convicted and I believe he should be releasedimmediately.

Ebeth HeadSworn to me this

qAA

_____

day of August 2014.

USA A. PEPDLFNotary Pubrc, $tate of Nw Yor1

Qualified In Onondaga CountyNotary Public Reg. 102PE5021239

ty Commission Expires Dec. 13, 204(1

m z w -I z z

COUNTY COURT Of THE STATE Of NEW YORKCOUNTY Of OSWEGO: CRIMINAL TERM

PEOPLE Of THE STATE OF NEW YORK,

Petitioner,-against-

GARY THIBODEAU,Respondent.

AFFIDAVIT

INDICTMENT #94-1

STATE Of NEW YORKCOUNTY OF OSWEGO SS.:

I, Amanda Braley, being duly sworn depose and state as follows:

Between 2000 and 2006, I hung out with, among others, Jennifer Wescoff, JamesSteen (Thumper), Roger Breckenridge and Tonya Priest. There were multipleconversations between Steen, Breckenfidge and Wescott when they discussedscrapping the van used in the abduction of Heidi Allen.

2. I specifically recall admissions made by Steen and Breckenridge regarding thecrushing of the van at Murtaughs junk yard and then transporting it to Canada. Iheard them say her body was still in the van and she would never be found. Iremember len Wescott laughing about it when they would make these statementsand I heard Jen talk about driving the van to Murtaughs.

3. In 2003, there were five or six people, including myself and we were standing onthe back/side deck of Jennifer Wescotts parents house on County Route 3$ inHastings. We were just hanging out having a conversation and, although I do notrecall how, the topic of Heidi Mien came up. Someone mentioned her name andJen and Roger just laughed. Roger then stated, we took that bitch to the scrapyard in the van, had it crushed and she was shipped to Canada. Shes long gonenow. He swung his hand up and pointed his finger in the northern direction ofthe sky and said, see-ya-bye. He laughed and Jen slapped him on his shoulderand said, Roger, you cant be saying that shit. He responded with what Jen?That shit is done and over with, and besides nobody is ever going to find her.Roger proceeded to laugh and Jen shook her head and rolled her eyes and said,whatever Roger.

4. Sometime in 2006, Tonya Priest asked me to walk with her in the woods to tryand find a cabin where she said Steen told her Heidi Allen was buried. We neverfound a cabin or Heidi Allens remains.

5. I never came forward because I feared for my safety but I have always believedtheir claims and admissions.

Sworn to me before me this5fday of August, 2014.

Notary Public

RICHARD L. HAUMANNNotary PibLc in the State of New York

Qualifi8d ia Onon. Co. No. Oifl.k6O2683lMy Comm. Expiree June 1 Z

5

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