FIRST JUDICIAL DISTRICT COURT COUNTY OF SANTA FE STATE OF NEW MEXICO ERIN NOLL, as the PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATE OF ETHAN NOLL (deceased), Plaintiff, v. No. D-101-CV-2015-02403 NEW MEXICO DEPARTMENT OF PUBLIC SAFETY et. al., Defendants. AFFIDAVIT OF JENNIFER PADGETT I, Jennifer Padgett, hereby swear and attest upon my oath and upon my personal lmowledge: 1. I am over the age of eighteen and am competent to testify in this matter based on my personal knowledge. 2. I am the District Attorney for the First Judicial District and was sworn in to serve in that capacity on January 4, 2016. 3. It is my understanding that on April 4, 2015, an officer-involved shooting occuned in Edgewood, N.M., and that Ethan Noll died during this incident. 4. I have reviewed the correspondence between my predecessor, Angela Rosalina Pacheco, the Town of Edgewood, and its counsel in this matter regarding the Inspection of Public Records Act ("IPRA") request directed to the Town by the Kelin Law Firm. It is my understanding that copy of that correspondence is attached to the Town of Edgewood's Motion For Summary Judgment as Exhibits D and H. EXHIBIT J 1 5. Since taldng office, I have not been personally contacted by any representative of the Kelin Law Firm regarding its IPRA requests or regarding the pending grand jury proceeding which will examine the police shooting incident involving Ethan Noll. 6. It is the standard policy of the First Judicial District Attorney's Office to convene a grand jury to investigate all officer-involved shootings resulting in death. Accordingly, the First Judicial District Attorney's Office has compiled materials that will be presented to the grand jury which will investigate this officer-involved shooting by the summer of 2016. At this time, no suspect or target of the pending grand jury investigation has been named or identified, and the grand jury probe remains active. 7. My official position with respect to release of any law enforcement materials related to the Ethan Noll incident remains consistent with that of the prior District Attorney. It is my firm belief that the materials sought in this matter pursuant to IPRA are contemplated by and encompassed in the law enforcement exception to IPRA. The law enforcement exception contained within IPRA states in relevant paii: [L]aw enforcement records that reveal confidential sources, methods, information, or individuals accused but not chai·ged with a crime. Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain information listed in this paragraph. NMSA (1978) §14-2-l-(A)(4). 8. The information sought in the IPRA requests underlying this lawsuit fall under the law enforcement exception because, ainong other things, the materials sought identify the persons and witnesses involved in the incident, along with details of the incident. Release of any of this information will prejudice both the First Judicial District Attorney's Office ability to present the info1mation it has gainered to present to the grand jury, as well as the grand jury's ability to consider the evidence free from outside influences related to the officer involved shooting 2 incident. Furthermore, release of any of the information sought in above-captioned case could potentially alert yet to be identi?ed suspects that may become target(s) of the grand jury investigation. If any information sought in this matter is released prematurely, the public at large would be privy to details involved in the investigation. Such an occurrence would invade the secrecy of the grand jury proceeding and its deliberative process, and otherwise could potentially taint the grand jury pool which would be exposed to this information. 8. It is not the First Judicial District Attorney?s Office desire to delay any member of the public?s quest to obtain information related to governmental actors or actions. However, given the inherently Con?dential and private nature of grand jury proceedings, this Of?ce has requested that the materials sought be temporarily withheld under the law enforcement exception to IPRA, until the grand jury probe is completed. Furthei?ai?tf?ant Sayethf?auggt, i if . .wkmcanmyac? ,f Jennifer Padgett Acknowledged to me before thi day of March, 2016 by Jennifer Padgett. n. I f. I. . {1.1 - 1 Notary'f?uby (a If 1.. (Jam 90? WM . - "un?nissmn EX 5. {rs . ?ye-mun?- STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT COURT ERIN NOLL, as the PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATE OF ETHAN NOLL (deceased), Plaintiff, vs. No. NEW MEXICO DEPARTMENT OF PUBLIC SAFETY, SANTA FE COUNTY OFFICE, and TOWN OF EDGEWOOD, Defendants. AFFIDAVIT OF NATALIE PERRY, ASSISTANT DISTRICT ATTORNEY FOR THE NEW MEXICO FIRST JUDICIAL DISTRICT I, Natalie Perry, having been duly sworn, state the following: 1. I am an Assistant District Attorney for the New Mexico First Judicial District. I have held this position since August 2010. 2. I have personal knowledge of the facts stated in this af?davit. 3. Evidence concerning the shooting death of Ethan Noll Will be presented to the grand jury on May 31, 2016. 4. The First Judicial District Attorneys? Of?ce reserves the right to vacate and reset the grand jury date based on the unavailability of key Witnesses. 5. Further af?ant sayeth not. Sigae of ant Printed Name Amalie. R227 STATE OF NEW MEXICO COUNTY OF SANTA FE 1, Natalie Perry, state under oath that the statements in this affidavit are true andJe?fi?lTect to the best of my knowledge and belief. g/f? (65:31:: ?if: I Natalie T?er?r, Assistah istrj?t Attorney for the New Mexico First - i_ k?istriot SCRIBED to before me this day of Mamba 201 -- lic as: NOTARY PUBLIC My commission expires: gi?f 7 (Seal) Christobhei Jeaniete 2: gm