Tuesday, December 5, 2006
(R. 1124). Mr. Gajus’ testimony left the jury to believe that Mr. Diaz had confessed to being the triggerman. In it’s sentencing order the circuit court pointed out that the evidence was conflicting as to who was the actual triggerman, but confirmed that there was evidence from Ralph Gajus, "that the defendant was, in fact, the shooter." (R. 325).
Mr. Gajus has now provided a sworn affidavit that his testimony at Mr. Diaz’s trial was untrue.3 Mr. Gajus’ now admits that Mr. Diaz never told him that he was the shooter. Mr. Gajus further states that at the time he testified he was unsure who the shooter in fact was, but testified that it was Mr. Diaz because he was angry with Mr. Diaz and wanted to gain favor from the State in his own case.
2. Angel Diaz spoke English with a very thick accent and used simple words. I sometimes had a hard time understanding Angel Diaz. I did not speak any Spanish. We would communicate by using our hands and with Angel Diaz's broken English. We also would write notes to each other.
3. We would always talk about each other cases. I told him about mine and he always talked about his. Angel Diaz told me about a robbery at a bar with two other guys and amid the commotion a man was shot. Angel Diaz acted out the shooting using his hands. I do not know what really happened or whether Angel Diaz did the shooting. Angel Diaz never told me that he shot anyone.
4. During this time, Angel Diaz and I also talked about planning an escape. We passed notes among the inmates to plan the escape. Before the escape took place I read a note from Angel Diaz to another inmate and I believed I was going to be in danger during the escape. I asked the jail guards to move me and told the jail about the escape plan. I was angry with Angel Diaz because I found out they were not going to take me and I believed I was in danger.
5. After I was moved and told the jail about the escape Detective Smith and another officer came to talk to me about Angel Diaz. When the detective spoke to me about Angel Diaz's case I asked them to help me out with my case. They told me they would make a statement for me to the Judge.
6. I testified at Angel Diaz's trial that Angel Diaz acted out the
shooting and that he shot the man. I testified that Angel Diaz was the shooter. At that time I testified I was unsure who really was the shooter because Angel Diaz never told me and when he acted out the shooting it was very unclear. I testified that I believed that Angel Diaz was the shooter because I was angry about the escape plan and I believed that the police were going to help me with my case.
7. I plead guilty to second degree murder in August or September 1985 and was sentenced in 1986. I recall that Detective Smith testified at my sentencing that I helped with the escape and that I helped in their case against Angel Diaz. I was sentenced to 20 years with a three year mandatory.
FURTHER AFFIANT SAYETH NAUGHT
/s/ Ralph Gajus