4/27/2020 10:10 PM 18CR59251 01 02 03 04 IN THE CIRCUIT COURT OF THE STATE OF OREGON 05 FOR THE COUNTY OF MULTNOMAH 06 07 STATE OF OREGON, 18CR59251 08 Plaintiff, 09 DECLARATION OF COUNSEL v. 10 11 NANCY LEE CRAMPTON BROPHY, 12 Defendant. 13 14 I, Lisa A. Maxfield, declare the following is true to the best of my knowledge and 15 belief. I submit this declaration, subject to penalty for perjury, in support of the 16 defendant’s motion for release. 1. 17 18 matter. 2. 19 20 I am one of the attorneys representing Nancy Lee Crampton Brophy in this I am aware that OEC Rule 101 makes most of the Oregon Evidence Code, with the exception of privileges, inapplicable in a Chapter 135 proceeding relating to release. 3. 21 I am aware from many sources, including prosecution discovery, that 22 numerous witnesses have described admiring the relationship that Nancy Crampton 23 Brophy’s had with her husband, Daniel Brophy. Relying solely on questions asked by police 24 and prosecutors, quoting from police reports and transcripts of those interviews, I offer 25 the following witness descriptions of their marital relationship: 26 1 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 a. Susan Estrada is Nancy Crampton Brophy’s niece. She lived with the 02 Brophys for about a year. Later, she returned to help her aunt when she 03 was recovering from surgery for macular degeneration, and then again 04 she returned to help her after Dan Brophy was killed. She was interviewed 05 by detectives on March 13, 2019. She told them that “DAN and NANCY 06 had a, had a great relationship. They worked really well together. … they 07 had a, they had a great relationship where they both worked together and 08 had their own, own lives. Honestly it’s one of the few relationships that I 09 look at and think hmm, maybe marriage isn’t (laugh) such a bad idea. A 10 lot of people have, have marriages where 11 unpleasantness towards each other and they did not have that at all. 12 They had a great life together.” there’s fighting or 13 14 When asked about extramarital affairs, Ms. Estrada told the detectives 15 “that was something I talked to Nancy about. She didn’t ever worry about 16 that because when he wasn’t at work he was there (at home.) She had 17 no doubt about whether or not he - if there was any infidelity. There were 18 no indications that she had been seeing anyone else either. And I don’t 19 think that she would, I mean she was absolutely crazy about Dan.” 20 21 When asked about marital violence, Ms. Estrada said, “No, no physical 22 violence at all. Let me tell you what kind of husband Dan was. He made 23 gourmet dinners for Nancy every single night. They weren’t that big of a 24 deal to I think Dan ‘cause he whipped them up so easily. But he would 25 make her dinners, he would put the food on her plate and he would bring 26 them to her along with something to drink. Every single night he did that.” 2 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 02 Detective Merrill then asked if Mr. Brophy “was submissive to Nancy.” 03 Ms. Estrada replied, Dan? Huh-uh. No. He wasn’t submissive to Nancy 04 and Nancy wasn’t submissive to him, neither one of them were. They had 05 a great relationship, it was a working relationship where they, you know, 06 were equals and treated each other um, with respect. There was not a 07 power role that either one of them showed.” 08 09 b. Nathaniel Stillwater is Dan Brophy’s son. He was interviewed by 10 detectives on June 27, 2018. He lived with the Brophys for a short period 11 and later was a relatively frequent visitor. When asked to describe his 12 father’s relationship with the defendant, he said, “They've always 13 seemed really great together. You know, as I explained, my father's got 14 a broad swath of hobbies and she's a writer and so I think they kind of 15 found some – they would take trips to the beach and she would write and 16 he would go foraging for mushrooms you know so I think they got along 17 famously, as far as I could tell you.” Mr. Stillwater said his father and 18 Nancy laughed a lot. “The only disagreement I was ever aware of is that 19 she wanted to travel and he just wanted to have a garden somewhere, 20 so. Pretty benign.” 21 22 c. Tamara Alva is a landscaper who, along with her uncle, was hired in late 23 2017 to clean up the Brophys’ backyard because “they were thinking 24 they would be getting ready to retire and sell the following year. And there 25 were blackberry briars that were probably about 15 feet high. “It was a 26 mad-hatter.” It took about six months, five days a week, for the 3 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 blackberries to be cleared. During that time, Ms. Alva had numerous 02 conversations with both Dan and Nancy, and occasionally stayed for 03 dinner. She observed Nancy “was always doting after Dan and vice 04 versa.” She said Dan didn’t want the landscapers to interfere with any of 05 his growing projects and that Nancy made sure his feelings were not 06 “disrespected in any way, shape or form.” According to Ms. Alva, Dan 07 and Nancy “were obviously very happy.” 08 09 d. Maxine Borcherding has known the Brophys for over two decades. She 10 shared a catering kitchen and worked side by side with Nancy Crampton 11 Brophy. She also worked as an instructor with Daniel Brophy at the 12 Oregon Culinary Institute (OCI). She was interviewed by Detective Merrill 13 on September 9, 2018. When asked if she was aware of any problems 14 in the Brophy marriage, she said, “I’ve got to tell you, in all the years I 15 have known Nancy I have never heard her say a harsh or negative word 16 about Dan and when Nancy was not happy about something she was 17 pretty open about saying it.” 18 19 e. Woody Bailey was a good friend of Dan Brophy’s and worked with him at 20 OCI. He was interviewed by police on June 2, 2018. When asked about 21 the Brophy’s marriage he said he and Dan had talked about Nancy just a 22 week before his death. Mr. Bailey described the Brophys’ marriage as 23 “close.” He said that he had been giving Dan “shit” about his wife’s 24 romance writing and asked “How do you fit into those books?” Dan 25 replied that he was Nancy’s proof-reader and that editing her writing 26 4 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 “didn’t make things worse, it actually makes things better.” Mr. Bailey 02 said there “definitely” were no marital problems. 03 04 f. Melanie Hammerickson, worked as Dan Brophy’s assistant “full time 05 every day” for many years and became his close personal friend. She 06 was interviewed by police on November 12, 2019. Ms. Hammerickson 07 said that Dan Brophy was like a father to her and she planned to have 08 him walk her down the aisle at her wedding. She said that Dan and Nancy 09 did “way too much sharing about their sex life.” Dan told her that he and 10 Nancy had a very vibrant sex life. She never suspected Dan Brophy had 11 any affairs and never sensed any problems in the Brophys’ marriage. She 12 said she talked to Dan about her own “relationship woes” and he talked 13 about his marriage to Nancy. She said, “It seemed like a love story.” 14 “They had the best relationship and communicated well.” When Dan 15 described his marriage, Ms. Hammerickson “thought, man, I wish I had 16 that one!” Ms. Hammerickson said that on the morning of the shooting, 17 another OCI employee called her and they were speculating about who 18 had been shot. The employee said, “If it was Dan who was shot, Nancy 19 will be ruined. Her life will be ruined.” According to Ms. Hammerickson, 20 “That is the impression we all got because they were so in love.” 21 22 g. Jessie Smith is a writer who has known Nancy and Dan for over a decade. 23 She lived close by and visited often. When she and Nancy would go out 24 to dinner, Nancy would bring Dan along. Ms. Smith testified before the 25 grand jury on February 14, 2020. When asked if Nancy had ever 26 expressed dissatisfaction with her marriage, Ms. Smith told the grand 5 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 jury, “No. I never saw them arguing.” The most negative thing she could 02 recall Nancy saying was that she and her husband “were thermally 03 incompatible. He liked it cold and she liked it warm.” At trial, the defense 04 anticipates that Ms. Smith will testify further that she had a good 05 measure of their relationship, that Dan and Nancy laughed a lot and knew 06 how to make each other laugh, that they were a perfect team who 07 complemented one another, and that they seemed very happy. 08 09 h. Sarah Gitchell is another of Nancy Brophy’s nieces. She lives 10 in Portland and visited the Brophys frequently. She testified before the 11 grand jury February 6, 2020. When asked to describe the Brophys’ 12 relationship, Ms. Gitchell told the grand jury, “They had a really -- a really 13 great relationship. Yeah, the kind that you hoped for, you know. Really 14 supportive of each other. Really excited by each other. They seemed to 15 be well-suited to each other. You know, both smart and interesting, and 16 they just always seemed really happy.” “Neither one of them were 17 particularly sentimental or the type of people who, you know, do a lot of 18 PDA. But it was very clear how much they loved each other.” 19 The defense anticipates offering more evidence of this nature at trial. None of the 20 witnesses interviewed to date, to the knowledge of defense counsel, have offered information 21 substantially contrary to the information relayed through this declaration. 22 DATED this 27th day of April, 2020. 23 /s/ Lisa A. Maxfield Lisa A. Maxfield   OSB 844337 Of Attorneys for Nancy Crampton Brophy t. 503.222.2661   f. 503.222.2864 lamaxfield@pacificnwlaw.com 24 25 26 6 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204 01 CERTIFICATE OF SERVICE 02 03 I certify that a true copy of the Declaration in support of Motion for Release is being 04 served on opposing counsel electronically via Oregon e-File at the address each currently 05 has registered with the Oregon Judicial Department on April 27, 2020. 06 07 08 PACIFIC NORTHWEST LAW LLP 09 /s/ Lisa A. Maxfield Lisa A. Maxfield   844337 • Of Attorneys for Nancy Lee Crampton Brophy t. 503.222.2661   f. 503.222.2864 lamaxfield@pacificnwlaw.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 State v. Nancy Crampton Brophy   18CR59251   Declaration of Counsel PACIFIC NORTHWEST LAW LLP 333 S.W. Taylor Street, No. 300 Portland, Oregon 97204