STATE OF NEVADA
COUNTY OF CLARK

JUDITH SHAW, being first duly sworn, deposes and says:

1. That I was a member of the jury in the case entitled State of Nevada vs. Richard Tabish and Sandra Murphy, which was tried in the Eighth Judicial District Court before Judge Bonaventure from March 27 until May 24, 2000. During the course of the trial I was referred to as Juror #9.

2. I have been asked by representatives of the Clark County District Attorney's Office to respond to certain factual allegations made regarding the actions of members of the jury. I provided the information contained in this Affidavit to representatives of the District Attorney's Office and authorized them to prepare this Affidavit on my behalf.

3. It is my understanding that Juror #12, Mr. Elmer Glazener, prepared a list of the witnesses who testified at trial on his home computer during the deliberations in the guilt phase portion of the trial. The document, entitled "Witnesses," made it easier to find my notes regarding a particular witness in my juror notebooks. The list did not contain any information other than the names of the witnesses who had testified, in the approximate order that they testified.

4. It is my understanding that Juror #12, Mr. Glazener, also prepared a list of the charges against each Defendant on his home computer during the deliberations in the guilt phase of the trial. This list, entitled "Charges," just made it easier in deliberations to organize my thoughts as to each charge. It did not contain any information other than a list of the charges against each Defendant.

5. It is also my understanding that Juror #12, Mr. Glazener, prepared a numerical list of the jury instructions provided to us by the Court on his home computer during the deliberations in the guilt phase portion of the trial. This numerical list, entitled "Instructions Binion Case," made it easier to locate particular jury instructions as we deliberated on each count. It did not contain any information other than a numerical list of the instructions provided by the Court.

6. It is my understanding that the foreman, Mr. Arthur Spear, prepared a handwritten time line of the events surrounding the death of Mr. Binion which was distributed to members of the jury after the verdicts were rendered and announced in the guilt phase. I received my copy during the penalty phase portion of the trial, and never really reviewed it in any detail. I do not specifically recall the phrase "depraved indifference" being used during jury deliberations.

7. During jury deliberations in the guilt phase, certain of the Jury Instructions provided to us by the Court were photocopied so that each member of the jury could review them in detail. This was done at the request of the jury, to make it easier for each juror to review the substantial amount of law presented to us in the instructions.

8. I am not aware of any juror ever advising other jurors of witnesses who would be called to testify on a particular day.

9. I am not aware of any juror ever advising other jurors during the trial that they had heard any facts surrounding the treatment of a hotel bellman by the Judge.

10. No member of the jury ever advised me during the trial of information about the case obtained from family members, friends or media reports.

11. No member of the jury ever advised me during the trial of any information pertaining to Dr. Michael Baden prior to his testimony.

12. I am not aware of any juror ever advising other jurors during the trial that witness Larry Stockett had been arrested after his testimony in the case.

13. I am not aware of any juror ever advising other jurors during the trial that witness Kurt Gratzer had been arrested after his testimony in the case.

14. It is my understanding that the foreman, Mr. Spear, wrote a letter to the Court during deliberations in the guilt phase which generally stated that the jury was working hard on the case. Mr. Spear indicated that the jury should let the Court know how we were doing since we had been deliberating for several days. The letter was read to all of the jurors and adopted by the group. We all agreed that it should be forwarded to Judge Bonaventure.

15. I am not aware of any occasion during the case when any juror communicated with the bailiff about any question of law in the case, other than the occasions when notes were written to the Court that resulted in our being brought back into open court with the attorneys and the Defendants present. An allegation that Mr. Spear discussed the concept of felony murder with the bailiff, and then announced the result, of that conversation to the rest of the jury, is false.

16. I recall seeing Juror #12 in possesion of a handheld computer device during a break in the trial. I believed that he was using the device to play a game.


JUDITH SHAW