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TRANSCRIPT OF SHONDA WALLER VIDEO January 26, 2014

LANITA HENRICKSEN: Okay Im Lanita Henricksen, the attorney for Charles Warner. With me is Jamie Pybas from OIDS shes my investigator in this clemency process. With us is Ms. Shonda Waller. She is the mother of the victim in this case, and we are here in Atlanta, GA interviewing Ms. Waller. Ms. Waller, can you explain why we are here in Atlanta rather than being present at the clemency hearing that will be scheduled for Oklahoma City? SHONDA WALLER: I wasnt wanting to have to come out there to be a part of the hearing. LH: Okay Now I spoke with you a few weeks ago and explained to you that there will be a clemency hearing in Oklahoma City and do you understand what that process is for? Yes. When I spoke with you on the phone, did you feel any pressure in agreeing to meet with me?

SW: LH:

SW: Oh no not at all. LH: Okay. Did I ask you if you could come to Oklahoma rather than being here in Atlanta? Yes and I stated I didnt want to have to come all the way to Oklahoma or have anything to do with that, so...... Now when you give your statement today, do you understand that it is going to be on this video and it is for the purpose to give it to the members of the pardon and parole board there in Oklahoma City to review for Charles Warners clemency hearing? Yes I do. When you give any of your answers or make any statement that youre going to make in this video, have you felt pressured by me or even Ms. Pybas to say anything? Oh no not at all.

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Okay. Where you at Mr. Warners trial? Yes I was. Did the district attorney ever ask you if you wanted Charles to receive the death penalty? I dont remember them ever asking me if I wanted him to receive the death penalty. Do you remember if any of Charles Warners attorneys asked you what you thought about the punishment that Charles should receive? No I dont remember. Did you know at the trial or did you know before the trial or during the trial that the state was going to ask for the death penalty? No I dont remember if they discussed with me that they were going to ask for it because if they would have it is something that I would have disagreed with, so...... Ms. Waller, could you tell me what you believe is the proper punishment for Charles Warner? For me I can only see him spending the rest of his life in prison and dying in prison with out him ever walking out of the cell walls. I dont want to see him be sentenced to death because as I stated its not something I morally believe in and Im totally against it. Okay. What reasons can you give for not wanting Charles to have the death penalty. Any other reasons? Reasons more so for myself. I am a Christian woman. For me morally its wrong. God always has the final say so on life and death and after everything that Ive been through I wouldnt want his family to suffer the way Ive suffered or his child to have to endure losing her father. I wouldnt wish that on anyone so..... Do you think that life in prison without the possibility of parole is a sufficient punishment for Mr. Warner? Yes I do. I believe its very sufficient. If their decision on what happens to him is based on me and what Ive gone through and my daughter, thats the only sufficient punishment for him.

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LH:

Do you believe that if Mr. Warner is executed that it would be an honor in your daughters name? Definitely not. That would dishonor my daughter. It would dishonor me and everything I believe in. I wouldnt want to have to know about something like that because I wouldnt want to know that my hand or what I went through personally is the reason why he is no longer living. When he dies I want it to be because its his time, not because hes been executed because due to what happened to me and my child.

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(whispering) LH: SW: Have you gotten any ideas about the DP after going through this case? Oh yes definitely. After experiencing this, Im a huge advocate against the death penalty. I would say that I wish every state would do away with it because being on the other side of it, its not fair to the victim or to what youve gone through. Its a long drawn out process. Its unnecessary. I dont see any justice in just sentencing someone to die. To me, the justice is in someone living with what they have done to you to, your family, and having to live with that for the rest of their life knowing that they will never walk out those bars. Ms. Waller, if Charles Warner is executed, what impact would that have on you? Its going .. it would affect me. It would be hard because I think it would take me right back to that place at the very beginning of depression and anxiety and all those things because Ill feel like because of what happened to me and what he did to me, that Im at fault for his life and I dont want that on my hands. It makes me feel like Im no different than him and I dont want to feel that way. How do you feel about Mr. Warner? I dont hate him. I have forgiven him. As a Christian woman you know that you have to forgive anyone in order to even move on with your life. I dont wish any harm to him. I wouldnt even which for him to experience the things I have experienced in my life you know behind all of this. So I have no ill feelings for him either which way it goes. Ms. Waller, since you wish not to go to Oklahoma City and attend a clemency hearing, you know the members of the board will not have the opportunity to ask you some questions that they might like to ask you, can you think of anything else that you might want to say that might be helpful to the members of the board when they determine what their recommendation is regarding clemency?

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SW:

The only thing that I can think of is that if they want to know how I feel personally, if they want to base their decision off of me and my daughter and what Ive gone through, and if they truly want to honor me, then they will do away with the death penalty for him and they will give him life in prison without the possibility of parole because thats the only thing thats going to honor me. If they want me to have to go back though the traumatic situation and having to deal with knowing that because what I went through someone else has had to die, then they will give him the death penalty.

(whispering) Jamie Pybas: Do you wish that Mr. Warners jury had known that you werent in favor of the death penalty for him? SW: Oh most definitely. I was, you know, young then and if....Im a lot older and wiser now. If anyone would have asked me back then, I would have said the same thing. I know I was going through a lot of hurt, but it would have been nice if someone actually came to me to see my personal feelings. Regardless of all my pain and my loss and what Ive gone through I still wouldnt have wanted him to have to suffer in that manner. And you dont agree with the prosecutors statement to the jury that the only way to honor your childs memory is to the impose the death penalty? Definitely not. That will not honor my daughters memory at all. My daughter memory lies with me. Theres nothing they can do by giving him the death penalty thats going to honor anything pertaining to my daughter or to myself. Ms. Waller thank you for making this statement and I think that will end our interview. Thank you.

JP

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LH

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O:\4 Open Cases\WARNER, Charles (11-6236)\APPEAL\4 Other\TRANSCRIPT OF SHONDA WALLER VIDEO.wpd

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