CA NO.

00-56890
DC NO. CV-99-13372-DDP (CT)

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

COLIN NEAL ANTXTON,

Petitioner-Appellant,

VS.

ANTHONY A. LAMAR UE;

ATTORNEY GENERAL 8 F THE
STATE OF CALIFORNIA,
Respondents-Appelles. 1

SUPPLEMENTAL EXHIBIT IN SUPPORT OF PETITION FOR CERTIFICATE OF

APPEALABILITY

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA .

HONORABLE DEAN D. PREGERSON

UNITED STATES DISTRICT JUDGE

JAMES M. CRAWFORD
Attorney at Law
528 North Glassell Street
Orange, California 92867
(714) 288-0180
Fax (714) 288-0998
Attorney for Petitioner-Appellant
 Petitioner, COLIN ANDITON respectfully submits the attached Exhibit in
further support of his colorable claim of innocence so as to justify issuance of a
certificate of appealability. This declaration further corroborates the letter previously
submitted to this court as an exhibit in support of petitioner’s application for a
certificate of appealability. The declarant, Jerry Lee Barker, was a witness at
petitioner’s trial in state court. The newly discovered information within this
declaration undermines the credibility and veracity of this witness’ trial testimony,
reveals that the conviction was based on false testimony, and undermines the
credibility of the investigating officer, Harry Moore. Such information should have
been disclosed to the defense by the prosecution prior to the trial in state court. (See
Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963) .) -
For these reasons and those set forth within the application for a certificate of
appealability and request for appointment of an investigator, petitioner is entitled to
relief and has now established a clear and material need for the appointment of an
investigator.
Dated: September 26,200l

By:

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 IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

COLIN NEAL ANDITON, Case No. 00-56890

D.C. No. CV-99-13372-DDP (CT)
Petitioner-Appellant,
DECLARATION OF SERVICE
BY MAIL
vs.
ANTHONY A. LAMAR UE;
ATTORNEY GENERAL8 F THE
STATE OF CALIFORNIA,
Respondents-Appelles.

I, James M. Crawford, declare:

That I am a citizen of the United States and a resident of Orange County,
California; that at all times mentioned herein I was an active member of the State Bar
of California; that my business address is 528 North Glassell, Orange, California
92867; that I am over the age of 18 years, and am not a party to the referenced action;
that on September 27, 2001 I deposited in the United States mails in Orange, Cali-
fornia, in this action; in an envelope bearing the requisite postage, a copy of:
Supplemental Exhibit in Support of Petition for Certificatk of Appealability
addressed to:
Chung Mar
De uty Attorney General
3O#South Sprin Street Suite 500
Los Angeles, CaHifomia’ 90013-1204

United States District Court

Attn: Clerk of the Court
The Honorable Dean D. Pregerson
3 12 North Sprin Street
Los Angeles, CaFifomia 900 12

3
Colin Neal Anditon #H- 11073
Sacramento State P&ion
P.O. Box 290066
Represa, California 9567 l-0066
Office of the Clerk
U.S. Court of A peals for the Ninth Circuit
P.O. Box 193935
San Francisco, California 94 119-3939
Original plus Four
at their last known address, at which place there is a deliv
mail. I declare under penalty of perjury that the foregoing is
Dated: September 27,200 1
James M+) Cr&yford /lb