AFFIDAVIT OF LARRY SELLS

I, Larry Sells, swear or affirm under oath the following: 1. Since being admitted to practice law in the State of Indiana in 1972, I have served as a deputy prosecutor a total of approximately 22 years, including at least 16 years in the Marion County Prosecutor’s Office. 2. I have handled thousands of criminal cases and have prosecuted over 200 jury trials, including nearly 70 murder cases. From June 1991 until my retirement in February 2006, I was employed in the Marion County Prosecutor’s Office. The last position I held was Special Trial Counsel for the Marion County Prosecutor. As such, I prosecuted death penalty, high profile and complex murder cases. 3. Beginning in 2000 I prosecuted the case of State of Indiana v. Sarah Jo Pender and Richard Hull. They were charged with the murders of their two roommates, Andrew Cataldi and Trish Nordman. 4. The cases against Pender and Hull were severed for trial. During Pender’s trial in 2002, one of the significant items of evidence I presented to the jury was the testimony of Floyd Pennington. Pennington was an inmate who had been corresponding with Sarah Pender in the jail before her trial. For a period of time, Pennington had been a cellmate of Richard Hull in the Marion County Jail while their respective cases were pending. 5. At trial, Pennington testified that he and Sarah had arranged to meet at Wishard Hospital on September 22, 2001. Pennington testified that while at the hospital, Sarah confessed to him that she did not kill Cataldi and

Nordman, but that she coerced Hull to do it. Pennington also testified that Sarah admitted she planned to have Hull commit the murders. Finally, Pennington testified that he had received no consideration for his testimony that day. 6. Sarah Pender was convicted of the murders and received an executed sentence of 110 years imprisonment. 7. In 2009, I was contacted by author Steve Miller, who was working on a book about Sarah Pender. At his request, I accompanied him to review Detective Kenneth Martinez’s homicide files on Sarah’s case as research for his book. Within the homicide files was a file folder marked Floyd Pennington. Inside that file folder was, among other things, a two page list (“Snitch List”) apparently written and signed by Floyd Pennington. The list contained the names of people and crime organizations that Pennington was prepared to assist police in busting, people and organizations that supposedly he was intimately familiar with and trusted by. 8. I was shocked when I saw that “snitch list.” I had never seen it before and was at a loss to understand why Detective Martinez did not provide it to me. Had I known about it I would have disclosed it to counsel for Pender and Hull. That document went to the very heart of Pennington’s motive for testifying against Sarah Pender. And indicated the lengths to which Pennington was willing to go to gain some consideration for himself. Pennington testified at trial that his motive for meeting Pender at Wishard was to try to find out where their jailhouse romance stood. That “snitch list” would have destroyed any credibility Pennington had as a witness and would

have caused me to doubt his truthfulness had I known about the list. I could not have called him as a witness under those circumstances. 9. In 2009 I attempted to contact Kenneth Martinez to find out why and when he received the “snitch list,” and why he did not provide it to me. I learned he was somewhere in Afghanistan and was unavailable. I believed that something should be done regarding the matter, but I had not worked in the Marion County Prosecutor’s Office for over 3 years and was not certain what to do. Months passed and the matter receded in my memory. Then in 2012, while rereading Steve Miller’s book “Girl Wanted: The Chase For Sarah Pender” (published in June of 2011), I came across a passage in the book describing the finding of the “snitch list.” It reminded me that something needed to be done. And I have endeavored to do what I think is appropriate. 10. Looking at Sarah Pender’s case objectively, I have come to the conclusion that Pennington’s testimony and another item of evidence (evidence which now appears suspect) presented by me at Pender’s trial were the linchpins of the prosecution’s case, and were instrumental in her convictions. 11. Although Sarah Pender’s behavior before and after the murder of Cataldi and Nordman does not appear to be consistent with the theory of innocence, she nonetheless did not receive a far trial because of the nondisclosure of the “snitch list.” 12. It is my considered opinion that a retrial would serve no purpose. I believe that Pennington would be of no value except to the defense. That other item of evidence, the “confession letter,” purportedly written by Pender then provided to the prosecution by Hull through his attorney, is highly suspect in light of testimony presented at Pender’s 2005 PCR hearing. And as well,

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