IN THE SUPREME COURT OF FLORIDA
JOHN MAREK, Appellant
v. CASE NO. SC09-1080
STATE OF FLORIDA, Appellee.
NOTICE OF PROFFER
COMES NOW, JOHN MAREK, by and through unders~gned counsel, in the above-entitled matter and respectfully provides this notice of a proffer from Leon Douglass as to what he would testify to at a hearing on the motion to correct the transcript. Due to the difficulty of obtaining access to incarcerated prisoners, it was not possible to arranged to obtain the affidavit sooner.
I HEREBY CERTIFY that a true copy of the foregoing notice has been furnished by United States Mail, first class postage prepaid, to Carolyn Snurk0wski, Assistant Deputy Attorney
General, Department of Legal Affairs, The Capitol PLOl, Tallahassee, Florida 32399-1050, on this 2nd day of July, 2009.
MARTIN J. MCCLAIN Florida Bar-No. 0754773 McClain & McDermott, P.A. Attorneys at Law 141 NE 30th Street Wilton Manors, FL 33334
Attorney for Mr. Marek
2 ~ -------~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-
STATE OF FLORIDA )
COUNTY OF MADISON )
I, Leon Douglas, having been du1y sworn or affirmed, do hereby depose and say:
My name is Leon Douglas, De# 541168. I am currently incarcerated at Madison Couectional Institution.
On June L2009. I testified in Broward County in the case of Marek v. State in regards to my knowledge of an individuall knew as Raymond Wigley.
During my testimony I was asked to describe Wigley, and I described him as best as I could remember.
I have now reviewed a transcript of my testimony. In the transcript, I am attributed withdescribing Wigley as a black male. I am sure the transcript is inaccurate. I am well aware that Raymond Wigley was a white male. I cannot imagine ever describing him as a black male unless I misspoke. I know that if asked what was Wigley's race, I wou1d have stated he was white.
Prior to my testimony I identified Raymond Wigley's photograph to both Investigator Daniel Ashton and Attorney Linda McDermott. The photograph was of a white male who was the Raymond Wigley that I knew.
Further affiant sayeth nau .' .
h Sworn and bscribed before me this ~D day of JWle 2009, by Leon Douglas who is
personally known to me or has produced the following identification:
~;c.*" 5"41 ~ Vi>
~. Daniel J. Ashton ~lJ.
~ .~ COOlllission" 00527915
~"j • :: Expi'es Matd1 20. 2010
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