Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August25,2009

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#1 (On the Telephone)

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Are you Angelica Alvarado? No. We'll go get her right away. You're waiting for another call. (Phone hangs up) #2

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CONVERSATION

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Hi! How are you? Fine Are they treating you well? Yes. What are they saying about your case? I called about the child and they said there was nothing they could do. About your child? Well, that isn't what f was talking about. My case: They are going to deport me to Guatemala. When? They don't know. I'm going to have a hearing with the judge. The hearings are every two months. In November? No, in September. Well, this is September. Well, at the end of this month. Was the lawyer they provided free? Yes, he was part of the government. Does he speak Spanish? No Did they provide an interpreter? Yes.
Conversations between Laura Davenport and Encarnacion (Angelica) Alvarado

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1

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August 25, 2009

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At this point I don't have a signed deportation. It's going to be up to the judge if I have to go back. They asked me how I entered the country, and how I got a job. I told immigration that I was working to provide food for my child. I asked them if I am going to be deported. I told them I want to take my child. They said they would have to talk to the people who have the child. I will have to get a passport for the child in order to leave the country and to get into Guatemala. They told me how to get a passport for the child. But it's unclear whether or not I will be deported. But YOLl are here ... using um ... they are taping so I don't want to say everything. The person that I asked for isn't the person that I know. So, then it's not that important. We can do it this way. So what I wanted was to see if you could help me get a passport. I asked for one, but it never came in my name. When they picked me up they found me with false documents, so the name they have me here with is Angelica not Encarnaci6n. So everything is done for Angelica, right? Yes. So what name are we using? Only LIse Encarnaci6n ... I mean Angelica That's why the paperwork didn't come to me as Encarnaci6n. How many women are here? There are four of us. One Mexican and two Hispanics from Guatemala, and me. And the American food, do you like it? No, I don't like the food. But you're not dying of hunger. (laughing) Are you working out? Yes. What are you doing here all day? Reading the Bible and remembering things about the Bible. Do you get time outside? Yes they do, must mostly I stay inside. They give us permission to play outside, but I don't go because I'm sad about my son. Well it would be good for you to do that. It would be good to get exercise.

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Conversations

between Laura Davenport and Encarnaci6n (Angelica) Alvarado

2

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August25,2009

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The child is okay. But I'm going to tell you Encarnaci6n, you did not leave him in good hands and in good shape. You were not even giving him formula. You were giving him the red top milk (whole milk) instead of the 2% which is very dangerous for a child. That's true. He was very weak and without energy. On one hand it's a blessing from the Lord that they picked you up. Yes. Because then they put the child in good hands. This couple is taking good care of him. Your sister Maria is an anqel but would not be able to care for your child. She can't pay for a babysitter. She helps with what she can. This couple that has him is giving him life. It's been going good for him. You are here; you don't have anything to do, so you just think constantly. You think about an unrealistic life. You think about something that is unrealistic. The truth is your son wasn't okay. Yes. I lost you. I tried to do visits with you, and you moved and you never tried to contact me. I couldn't contact you. You could have. You know how to get a hold of me through the school What I want you to think about is not a pretty or romanticized story. That he has a dad and you are the mom and he has a good life, because that's not reality. That's not reality! The reality is if you take this child to Guatemala he's not going to have a life, no future. He mayor may not have food. He will not get an education and he will grow up to be a man that doesn't know how to make a living. But, what I think if they do deport me, I want to take my child with me. But this is a pretty story that you are thinking so you don't have to back alone. You're not thinking about the well-being of your son. You're only thinking about yourself. It is true you are the mother. You did give birth to him. But that is not true love when you're not thinking about the best for your child. Because the future of your child in Guatemala is not good. You have two children already there who your sister takes care of. You don't have another sister to take care of another child Well they already told me that if I get deported they will help me take care of him. My family is looking at what situation I'm in being locked up here. They said send us the child, and we'll take care of him. There will be somebody here to help. Do the people there have money? Are they people who will provide an education at a university? Do they have money for all of that?
Conversations between Laura Davenport and Encarnacion (Angelica) Alvarado

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Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August 25, 2009

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Well, we don't, but I will work to give him an education. I will have to work hard to provide him with an education ... 1feel very much for my son. But what I'm trying to explain to you Encarnaci6n and I don't like to speak this way. I've never visited a jail, and I didn't expect it to be this way. In the movies you sometimes actually get to visit with the personon (in the same room). This is a little strange. That's the way it is here. We have one hour. There are two modes of adoption. There's the type of adoption where you never see you child again. The other way is like we say in English ... an open adoption. You have the right to know what's going on in your child's life. If you come back to the United states you would have the right to see him and he would be able to see you. This family does not want to keep you from seeing your son or knowing about his well-being. This is an established family He is from Mexico, but he looks like a Guatemalan. The wife is American. They have a little six year old girl. The little girl loves Carlos a lot. He has adapted very well to them. They are a complete family. They have spent their own money to buy formula, food, clothing, and everything. You have to think about not the pretty story that you're going to Guatemala and ride around with a son. You already have two down there. Yes, but ... You're not thinking about the other children either. Yes, but, I am thinking about them! Because they are my blood and I love my son. I'm trying to figure out a way whether they leave me here or send me home to Guatemala. I have to do everything possible to see how I can ... if there's no way for me to stay then I want to get a passport for him I want to have my son even if I don't give him a good education. But you want that for reasons other than love. He is your son, he is yours, he is your property, and you're not thinking about the well-being of Carlos. Yes, but my well-being is the well-being of my son. I know we will take care of him in Guatemala. But Angelica, you say you're going to work for this child but you are not working for the other two. You have given them to your sisters to raise. No! I was sending them money when I was working and that's what I will do with Carlos. So are you planning on returning? What work is there to help you?

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I'm thinking when my son is old enough he may want to corne here to work. He's not going to have an education. He'll just be a factory worker.

Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

4

Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August 25, 2009

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I've talked to this lady who also has children, but she tells me that the love of the mother is more important. When her kids are all grown up she's going to take them back. My friend told her kids that if they want to come back later they can. No you can't take Carlos away from his studies, and send him back when he's older because he'll lose it all. I don't know when you're thinking about when he will come back. If he's young, other people will still have to take care of him. I'm trying to tell you something but I can't tell you all of it here because they're recording. But what you're maybe not hearing ... your heart ... you're here all by yourself ... are they saying we have to be done in a minute? Yes. Why? I thought we had an hour. So you think you're a bad mother, but this makesyou the best mother of all. Because Angelica you're giving him life. You gave birth to him, but that's just one (little point) small detail. The bigger part is life, and this couple can give him life.

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CONVERSA TJON #3 The life of your child Angelica is not what you are thinking about. You know that life in Guatemala is not a pretty thing. That lifestyle in Guatemala is not romantic ... it's nothing. He doesn't have a father that loves him. Yes but ... but we try to move forward and rise above. Working, we get ahead with children. So why didn't you stay over there to take care of the other two? Because I wanted to do more. That's why I left (Guatemala). If God doesn't allow me to continue here, then I'll have to go back to Guatemala. But you weren't taking care of your children there. Yes, I was! It' my understanding not do it alone you had help from your mother and your sisters. You did

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Yes, I did get help from them, and they're going to help me (with Carlos). You're not thinking about your son's future you're thinking about your future. We'll see what happens. The lawyer said we'll see what happens at the trial. I've told the lawyer that the Lord has placed my son in good hands. The lawyer said we'll see what happens with your child and we'll see what the judge says. Do you have deportation status? No, not yet.
Conversations between Laura Davenport and Encarnacion (Angelica) Alvarado

5

Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August25,2009

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Did you have deportation status before this incident? Yes. The other time. When the incident happened at the company that was the second time. I would like to stay here with my son, but if God doesn't allow me to, then I will go. They tell me if I do get deported they will try to get my son a passport to go to Guatemala. My family asked me why I would leave my son if I'm going to be over there. So if I'm going to leave then we have see how to get him a passport. I cry day and night because my family tells me there has to be a way for my son to go with me. I feel tortured because I don't have my son. You don't really care about him that much. How could I not care about him? I know that I love him. I know I will be very sad if I don't have him in Guatemala. I have my other two over there, but he is also my son. Yes, that's right he is your son. Of course he is part of your heart. Yes, and I want him over there. God will bless me with giving him an education. But your sisters, they don't know what the situation is here ... the benefits of being here. You can't give those there (in Guatemala). My sisters at the church will give me $100 toward his passport. My sisters at the church will give me $100 toward his passport. What church do you go to? Jordan. The pastor told me he's going to do his best to get a passport for the child. They asked me what I am going to do with my son. They heard it around town, so they asked me if I was going to give away my child. (Crying) .... I've heard that people have been saying that I'm going to give him away, and I told them that I'm going to take him to Guatemala. I'm just hearing from people that they are tired of taking care of my child. Who's telling you about that? I don't know, they're just telling me. They say I need to ask Immigration about getting a passport. Nobody's tired of taking care of your son. Your sister thinks it's hard. My sister here says they're tired of taking care of him. She wants to know if j'm going to give him up and I told her that I'm not giving up him up. I asked my sister for information that I can sign requesting a passport for my son. My sister did request paperwork for the passport, but she requested it under the name of Encarnacion and that's why I haven't received anything. My sister says all she needs is a signature.

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Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

6

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August 25, 2009

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Well, we don't know if that's all you need is your signature. We don't know that another person can request a passport for your son, so that's what we have to find out. The lawyer said that I could ... But you look at this as if you are giving something away. But you are not giving anything away. And you are not understanding. But my sister didn't know how to explain it to me. Let me explain it to you Angelica. The idea of adoption is not something bad. It's something beautiful. What you are saying by giving him up for adoption is that you know he will be in better hands and he will grow up with better opportunities. One day he will find you and say, "Thank you mom for giving me these opportunities." Because you can't give them to him. So he will always know who his mother is. The couple will not tell him that you are not his mother or that Carlos is not his name. Yes he will know, but he will not be will me in Guatemala. I tell my mother that I have to get ahead with my son. She says yes. He is your son and you have to bring him. My mother was yelling at me and asking me how I could even think about leaving my son. "You must bring him." My sister tells me also that I should take him. Well that's not what she tells me. Well to me she says she wants me to take him because I communicate with her on the phone. I talk with her every weekend and she says, "Sister you need to do everything to be able to take him." She says the lawyer told her I just need to sign something requesting a passport for him. It's not just about the passport. Who's going to take him to Guatemala? The church is going to help. They tell me to be patient to send him. They will collect money

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The ticket for adults is $500 and I don't know how much it will cost for children. They said they don't charge for children. Weii here in the states after two years aid they do charge for tickets. I don't know what they charge in Guatemala. So you'll be paying for the adult to take him and for their return and for their lodging. You will be responsible for all of that and your sister doesn't have that money for that. Your sister and her husband only make enough money for their family. She says they will help me. Whatever happens, I'm not leaving the child.

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Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

7

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August 25, 2009

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Well you are not thinking with your head. You are thinking with your heart. I know you love your child, but that is not what is best for your son. You're only thinking of yourself. You're not thinking of the well-being of Carlos. But I do want to tell you the child is fine. Yes I do know he is in good hands, but ... Yes, he's starting to walk. He's not walking properly. He's very weak because you didn't give him formula. Because he missed it in the beginning, we have to give it to him now. You know very well I don't have a husband and I tried to go to Carthage to get the formula. I didn't have a ride to get to WIC. But you did have a ride to get to work. You failed at that. You can find a ride in Carthage for whatever the occasion. Well, yes but sometimes people don't what to give you a ride. Especially those who do not have documents. Well, where you live? It's not very far to walk. I could have walked but that is not where I got my vouchers. Joplin. You didn't register your child for social security benefits. Yes, that's true, but I didn't know anything. information. I didn't ask the hospital for any I got them in

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But you lived with two ladies who knew how to do it and your sister knew. Yes I knew they knew how to do it, but I was waiting for them to come. Later I realized I had not filled out the paperwork and that was my fault. Well, I wanted to tell you the child is standing up. He grabs onto the sofa and climbs up. But he is still very weak as I explained. He is starting to walk. The only thing I ask is if you could do me a favor. Somebody told me there are some photos and that you could bring them to me. They don't allow pictures to be brought but you could mail them to me. There is a lady here who has children and that is how she does it. Will you do that favor for me? Yes. Carlos's babysitter, Jennifer, was going to get them for me but she didn't. I cry and cry for God to take me out of this place. I feel sad because I haven't seen him. You're going to get out of this jail and he won't know you. He's already forgotten

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Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

8

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August25,2009

CONVERSA TION #4

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We have thirty (30) minutes. ... So when you get out, don't thing he is going to come running to your arms. He is not going to recognize you and you're going to have to take time to get reacquainted. If you take him to Guatemala, he's going to walk into someone's house, and he's not going to know them, and he's not going to know you. Is there any way that you could bring him here? I have never been here, but I don't think we can. I've never been to a jail, so I don't know if they allow children. Yes, they do. I see that in their bulletin that they do allow children. Yes they do allow children, but you have to see them through the glass. They don't allow them to come back here. There is a small window where you can hug them. My sister wants to know if I am going to take him or what I am going to do. I feel bad because I know he cries with my sister here. He cries with your sister, but he doesn't cry with the other couple. He stays from Sunday through Saturday, but when your sister can come to pick him up, she comes and gets him. Well your sister doesn't come, her husband comes. I do my visits with Jennifer, and he is very happy. They are trying to help him, and he doesn't cry. He is happy. Jennifer has a very clean house. It's a house where he can crawl. Teresa says it's a good idea that they keep the child. He used to stay with Teresa and I was wondering what else Teresa says. Well, I don't do visits with Teresa, so I don't know. He wasn't with her very long. Teresa says she has three children, so she can't be responsible for your child. Yes, they just "threw him out." Well, God knows why He does what He does. You know, when I was pregnant, I used to go a watch her children. But if that's the decision she made, then that's between her and God. It could have been your brother. You don't know that it was Teresa that didn't want the child. Well, I did a favor for them, so if they don't want to do a favor for me, God is just going to have to take care of that. You have to remember they have children, and they're working too. I was working too. I took care of them in the morning. I was pregnant, and I took care of their three children. I thank God for the people that are taking care of my child now. We'll see what happens here. We haven't seen anything yet.

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Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

9

Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August 25, 2009

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When you go to court, make sure you ask the interpreter to explain to you all that is going on so you will understand everything. We're supposed to go in September. We have four (4) women here, so we'll just have to see what the judge says. Are there men in this detention center? Yes, there are about ten (10). On this side there are women, but on the other side there are men. So the men are separated from the women? Yes. Do you intend to have more children, Angelica? No. You haven't had your tubes tied yet right? How would you take care of more children, because you're still able to conceive, right? The way things are looking right now, I just want to work and take care of my three children. I believe God gave me the children, and He is going to help me. We will see what happens and I will see if I can get him a passport. I am going to keep fighting. Well, the thing is, don't be taking him without a passport. Yes, I know. As soon as they give me the passport, then I will need to take him. We will deal with whatever situation comes up. I will only get to talk with the judge for four or five minutes, so I will ask him what his decision is going to be. Well, the other women that are here, do they know what they are going to do with their children? Yes. Why did you take so long to contact anyone in Carthage when you got to this detention center?
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was not a telephone available for me.

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You just took way to long to contact the people who had Carlos, you brother and sister-in-law. I was scared to contact anybody, and it was also expensive. Then they explained to me that I could talk for up to five (5) minutes, so then I was able to make a call and contact somebody. You took so long to make contact. Who did you think was taking care of your child? What were you thinking?

Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

10

Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August25,2009

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My brother and sister-in-law told me that if something ever happened to me that they would take care of Carlos. They just weren't expecting me to be in detention for so long. Well, the thing is, you were gone or absent for so long. Nobody knew where you were. Nobody heard from you. I tried to make contact, but they wouldn't accept my phone call. That's because those phone calls cost a lot of money. The other people on the other line were scared and thought the phone calls would cost a lot. So, they didn't want to accept the call. Yes, they told me that they cost $3.00 per minute. Right now, I want to communicate with my son, but I don't want to cost anybody anything. I wish I could call where my son is. That's not necessary because you hear everything from the other people. My sister told me to call her and she will figure out how she will pay the bill. I know that the concept of adoption is different for Hispanics. Because you call it "giving away." Adoption here though means to put your child in the hands of someone that you know will be able to take care of him. It's really different for you sisters in Guatemala to understand ... it's just different. They just don't understand the concept. They are crying a lot about my situation. to get the passport. They are concerned and they want me

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They are not thinking with their heads. They are thinking with their hearts. He is my son, and I am going to take him. But the "head" says that these people will be able to take good care of him, and that I would be giving him life. They will be able to take care of him much better that you will be able to. Yes, but ... Yes, I know what your answer wi!! be. But you need to think about this with your head and not your heart, because you are not giving Carlos what he needs. You're only giving yourself what you want. That's not what's best for little Carlos. I was going to start going back to WIC and start giving him formula. Yes, but he was already four months old. You can't just wait and wait, because that's how children get harmed. That results in children walking later than what is normal. When people are pregnant, they think adoption is ugly and that they will have to give away their child. Don't think of adoption as something ugly.

Conversations

between Laura Davenport and Encarnaci6n

(Angelica) Alvarado

11

Carthage R-9 School District

Dr. Blaine Henningsen,

Superintendent

August25,2009

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My thinking is that I want to take him. Well, what if you can't take him? Well, the ladies here tell me that I can.

CONVERSA TION #5

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How many children do your sisters have? What are their jobs, and what do their husbands do? The husbands work on cars, and some of their children are already gone and out of the house. My oldest sister lives here in the United States and she is encouraging me to take my boy with me. They are going to help and that we will get ahead in life. Listen to yourself. You're saying that "they" are going to ...

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I don't want to leave my child here. I'm going to make sure he gets an education. They are going to help me to help him. If they cannot help me, then I'm going to find a way to get ahead. The way my mom helped us advance, that's what I'm going to do with my son. How many studies did you have? Well, they did give me an opportunity to go to school, but I was kind of rebellious. I probably could have gone further, but I didn't commit myself to do that. Well, let's not talk about that ... My parents always made sure we were able to read and write. How far did you and your sisters get? What grades did you get to in school? I can't remember, because that was a long time ago. How old is your daughter and how old is your son? My daughter is five (5), and my son is eleven (11). And does he go to school? Yes, my sister sees to it that he goes to school. And the little money I send them when I can, I do send them. I know my children are not the guilty ones, but I try to send them support when I can. I know that I've made mistakes, but I still can't give up. Don't make another mistake with this child. I know that I'm good with God now, and I'm going to church. I know what I was doing before was not right.

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Conversations

between Laura Davenport and Encarnacion

(Angelica) Alvarado

12

Carthage R-9 School District

Dr. Blaine Henningsen, Superintendent

August25,2009

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Well, the Lord forgives, and those things happened, but that's done and over with. I have asked for forgiveness because I have made a lot of mistakes. Right now I'm focusing on the future of my children, and I want to see them get ahead. God has put into me good thoughts. God never abandons His children. I know that He will see me through this. I know that God will help me get out of this place and I'll see my children in Guatemala and see my son who's here. How long have you been in the United States? Two (2) years. When youwere in Guatemala were you taking care of your children?

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No, I was trying to find a way to come here. I wasn't doing other things. I was working. Well, you were doing "other things," because you had Carlos. So, you weren't just working. You were doing "other things." I wanted my children in Guatemala to be successful. I wanted to see my son here to be successful. Because if I didn't, I would have given him up right after I had him. There are mothers who don't love their children and don't want their children. Well, that's a different situation (case). The children that I've had are my children. THE END OF CONVERSATIONS ONE (1) THROUGH FIVE (5).

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Conversations

between Laura Davenport and Encarnaci6n

(Angelica) Alvarado

13

AFFIDAVIT

OF DR. GERALD EDWARDS

Before me, the undersigned authority, on this date personally appeared Dr. Gerald R. Edwards, who being by me duly sworn on oath did depose and state as follows: 1.

My name is Dr. Gerald R. Edwards. I am over the age of eighteen and competent to
I am not suffering from any mental disabilities and/or suffering from any

make this Affidavit.

conditions that would prevent me from providing true and accurate facts as set forth in this Affidavit. 2. The content of this Affidavit-is based
011

first-hand Information and my own personal

knowledge and belief. 3. I hold a B.A. Degree in Secondary Education - Spanish from Greenville College and a

M.S, Degree from Missouri State University in Elementary Education,
4. I hold an Ed.S. Degree from Missouri State University in Public School Administration

and an Ed.D. Degree from Saint Louis University in Educational Leadership and Higher Education.
5. 6.

J am fluent in the languages of Spanish and English.
On August 24, 2009, Ttranslated an audio recording from the

st. Clair County

Sherriff's

Department in Osceola, Missouri from Spanish to English. 7. 8. The recording depicted a conversation occurring at the jail on September 19, 2007. The translation J provided is a true and accurate translation of the conversation captured

on the audio recording. Further Affiant sayeth naught. Dr. Gerald R. EdW~

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On this ~ ~ day of ~v.....)'vS:>+ , 2009, before me, ,n No~ary Public, personally appeared ~. Gerald R. Edwards, to me known to be the person described in and who executed the foregoing Affidavit, who represented and warranted that the statements contained in the foregoing Affidavit arc true and correct to the best of his knowledge and belief.

RECORD -9

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last above written. . Notary Publ c in and fur said State and County My Commission Expires:

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