Bill Kluge's Affidavit

3. From the date of my appointment through the guiltlinnocence phase and the mitigation phase of Mr. Richey's trial, Attorney Donohue and I represented Mr. Richey. I served as lead counsel throughout this period.

4. On or about September 11, 1986, I retained L. Gregory DuBois as an expert to investigate whether there was evidence that the June 30, 1986 fire at the Old Farm Village Apartments, 631 West Sycamore Street, Colombus Grove, Ohio (the "June 30, 1986 fire") was arson-related.

5. I provided Mr. DuBois with photographs of the fire scene and the July 10,1986 Ohio Arson Crime Laboratory Report. To the best of my knowledge, Mr. DuBois did not actually inspect the samples of wood, concrete and carpeting that were removed from the June 30, 1986 fire scene and tested by the Ohio Arson Crime Laboratory. In fact, Mr. DuBois told me that it was not necessary for him to inspect physically the samples of debris. I relied upon DuBois' scientific advice in preparing Mr. Richey's defense.

6. I knew prior to trial that Mr. DuBois did not disagree with the conclusions of the Ohio Arson Crime Laboratory Report and Ohio Assistant State Fire Marshal Robert G.Cryer that there was evidence that the June 30, 1986 fire was arson-related.I did not search for another expert who could have testified that there was not evidence that the June 30, 1986 fire was arson-related.

7. In 1986, I was unaware that there were experts in the field of fire reconstruction such as Richard L. P. Custer who could and would have testified to a reasonable degree ofscientific certainty that:

a. Cryer's opinion that the June 30, 1986 fire was arson-related was based on unsound scientific principles that were not accepted in the forensic science community for the investigation of incendiary fires in 1986;

b. Cryer's opinion ignored facts that make it just as, if not more, likely that the June 30, 1986 fire was not incendiary; and

c. There is a reasonable probability that the June 30, 1986 fire was caused by the careless discard or use of smoking materials.

8. In 1986, I was also unaware that there were experts in the field of forensic science such as Dr. Armstrong who could and would have testified to a reasonable degree of scientific certainty that:

a. Ohio Arson Crime Laboratory Samples 4 and 7 do not contain paint thinner;

b. The substances identified in Samples 4 and 7 are not the same;

c. Ohio Arson Crime Laboratory Sample 5 should have been reported as not containing gasoline under both current scientific criteria which were in use in 1986 and under the criteria used by the Ohio Arson Crime Laboratory; and

d. The Ohio Arson Crime Laboratory used poor analytical procedures.

9. If I had been aware that there were experts such as Richard L.P. Custer and Dr. Armstrong who could and would have offered expert opinion testimony such as Mr. Custer and Dr. Armstrong set forth in their Affidavits in support of Mr.Richey's postconviction petition, then I would have endeavored to retain such experts and introduce their testimony during the guilt/innocence phase of Mr. Richey's trial.

SWORN UNDER THE PAINS AND PENALTIES OF PERJURY
this 25th day of April 1996
Signature of William F. Kluge, Esq.

STATE OF OHIO COUNTY OF ALLEN
William F. Kluge, Esq.

On the 25th day of April 1996, before me personally appeared William F.Kluge, Esq., to me known, and acknowledged that his execution of the foregoing is his free act and deed.Signature of Notary PublicState of Ohio

My Commission Expires: