Case: 16-35273, 08/23/2016, ID: 10097118, DktEntry: 14-5, Page 152 of 240 ‘Savage Investigations, Ine. 482 Constitution Way, Ste. 111 Idaho Falls, ID 83402 ‘Telephone: (208) 524-9167 Fax No.: (208) 524-6373 IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE. ‘LANNY SMITH, Petitioner, Case No. CV-02-3017 AFFIDAVIT OF v HEIDI LIEBERT STATE OF IDAHO, Respondent. —— STATE OF DAHO ) 388, County of Bonneville ) weer ‘Heidi Liebert, being first duly sworn, deposes and states as follows: 1, My former husband, Bryn Jobnson, worked at the Post Register. One of his co-workers was Jeff Smith. Robyn Smith, Jeff's wife, and I became very close friends, after Jeff introduced us. 2 In late June 1995, | witnessed an argument between Jeff and Robyn Smith. Jeff had asked Robyn for her pay check, supposedly to pay the bills. Robyn knew that he would not pay the bills, so she refused to give him the pay check. Jeff then grabbed her by her collar and asked for the check one ‘more time and she refused again. Jeff then slapped her on the face and said “you will pay for this.” 3. Ladvised Robyn to call the police, but she told me that the police would not believe her. 4 Jn December 1995, we moved to Ammon. During this time, I advised Robyn to divorce Jeff because of the abuse she was going through. 110 998Case: 16-35273, 08/23/2016, ID: 10097118, DktEntry: 14-5, Page 153 of 240 i. a Jeff heard of my advice to Robyn and in the summer of 1997, he came to my residence and threatened me, He told me that “if you ever tell my wife [Robyn] to divorce me, I will kill you and your husband.” My former ‘husband, Bryn, was in the back of the house and when he heard the yelling, hc came to the front door and asked Jeff to leave the property or ‘he would call the police. 6. After the threat, I called Det. Victor Rodriguez and informed him of the incident I had witnessed and also the threat from Jeff to me. 1 never heard Jeff saying that he had killed Leo and Mary Downard. ‘Robyn told me that she thought Jeff was upset with the Downards because they had an antique vehicle, which he wanted, but they would not sell it to him. s. Robyn told me that she was present when Jeff was watching television and the news announced Lanny Smith’s conviction. She said that Jeff shouted a resounding “yes!” indicating his excitement with the verdict. DATED this_/7_ day of November, 2004, 7 Ww : ‘SUBSCRIBED AND SWORN TO before me this_ /_ day of November, 2004. iil 999Case: 16-35273, 08/23/2016, ID: 10097118, DktEnpry: 14-5, Page 154 of 240 IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF Me UOC [HE STATE OF IDAHO, IN AND FOR THE COUNTY GF ORRGEVILLE % W813 pa sg | stare OF IDAHO, Plaintiff, case No. 93-2740 vs. ORDER OF INCARCERATION JEFFERY LYNN SMITH Defendant. — vo: {HE SHERIFF OF BONNEVILLE COUNTY he @he above named defendant has been ordered to serve discretionary time in jail as set forth below. You are hereby ordered to receive the said defendant for incarceration for _t/mw) he discretionary time is to be served for the following i, Johnson if she did not stop having am * , : pate this _ /3% aay of Geta — 19F5. “Ta/ MARVIN MF tee ee Warvin §. Smith District Judge ce: Prosecutor counsel Probation Department PLAINTIFF'S EXHIBIT £10 1000Case: 16-35273, 08/23/2016, ID: 10097118, DktEntry: 14-5, Rage 155 of 240 . {N THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE STATE OF IDAHO, ? Plaintiff, } Case No. 93-2740 vs. ; ORDER OF INCARCERATION JEFFREY LYNN SMITH ) Defendant. } Oe go: THE SHERIFF OF BONNEVILLE COUNTY the ahove named defendant has been ordered to serve jail as set forth below, You are hereby discretionary time in we 2 (TIO) ordered to xracsive the said defendant for incarceration fo: aays. The discretionary time is te Pe served for the following «| __NIOLATING INTENSIVE SUPERVISION AGREEMENT OF SUPERVISION reason(s): reason (5) eouie ON 10/25/94 BETWEEN 1430 AND 1800 HOURS. pate this 26% aay of Atti. roo. Marvin M. Smith District Juage cc: Prosecutor counsel probation Department STATE OF Dane Sr ity} on rt chart an fereaeing Y Shai LONGuoae a fet Court ce ———— 5 aoe) 1001Case: 16-35273,.08/23/2016, ID: 10097118, DktEntry>14-5, Page 156 of 240 . i IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT 01 ‘THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE owe COPY 2740 STATE OF IDAHO, Plaintiff, vs. ORDER OF INCARCERATION JEFFREY LYNN SMITH Defendant. Ee ‘To: ‘THE SHERIFF OF BONNEVILLE COUNTY the above named defendant has been ordered to serve discretionary time in jail as set forth below. You are hereby ordered to receive the said defendant for incarceration for Lo ‘gaye. The discretionary time is to be served for the following reason(s): (1) Violations of Intensive Supervision Proaram edule | o obyisyoa ae 1955 hrs., 08/30/94 at or about 2055 brs to— go ire 7 2) Urinalysis sample taken 08/31/94 and tested Sn On-Track Svstem 09/01/94 indicates positive for cocaine use by the defendant. pate this ad aay oe Aelenbes rd —Digesotitidiae Marvin M.S District Judge cc: Prosecutor counsel Probation Department 1002Case: 16-35273, 08/23/2016, ID: 10097118, DktEntry:. 14-5, Page 157 of 240 Prob ie Tn JuoIGlAL cisTeieF COURT caf DISTRICT COURT OF THE sevENTH TUDTCRAREDTETOHT Ge Ye a SATE OF IDAHO, IN AND FOR THE COUNTY QE, SRANEYTEHED? ' STATE OF IDAHO, Plaintif£, Case No. CR-93-2740 JUDGMENT OF CONVICTION SUSPENDED AND ORDER OF PROBATION vs. JEFFREY LYNN SMITH, Defendant, WHEREAS, on the 29th day of September, 1993, Jeffrey Lynn smith was arraigned before the Honorable Marvin M. Smith, District Judge of the Seventh Judicial District Court in and for the County of Bonneville. AND WHEREAS, the defendant was fully informed by the Court of the nature of the charge of Statutory Rape as set forth in the Information, a violation of Idaho Code Section 18-6101(1), which was committed on or about duly 26, 1993, The defendant entered 2 plea of guilty to the offense. Upon inquiry from the court, the defendant advised that he/she did not wish to withdraw said plea. AND WHEREAS, on the 24th day of March, 1994, the Prosecuting Attorney together.with the above named defendant and his/her counsel of record, appeared before the Court for the pronouncement of sentence upon the defendant; AND WHEREAS, ‘counsel for the defendant was provided the opportunity to speak on behalf of the defendant and the Court Gddressed the defendant personally and advised the defendant of his/her right to make a statement in his/her own behalf and to present any information in mitigation of punishment; AND WHEREAS, the defendant was asked if there was any legal cause why sentence should not be pronounced and no sufficient cause was given. Based upon the finding of guilt, the Court pronounced sentence as follows: TT IS ORDERED, ADJUDGED AND DECREED that the defendant is guilty of the crime as charged in the Information and in @xecution thereof, IT IS FURTHER ORDERED, that the defendant be sentenced to the custody of the Idaho State Board of Corrections for a term of 10 year(s), subject to a credit of 28 days for 1003Case; 16-35273, 08/23/2016, ID: 10097118, DktEntry: 14-5, Page 158 of 240 prior jail service, which credit shall be applied at the end of Shy mandatory minimum sentence, or in the absence thereof, at the conclusion of any indeterminate sentence. Of the total sentence heretofore pronounced, the defendant shall serve a confinement for a minimum period of 3 year(s). The minimum period of confinement shall be followed by an indeterminate period of confinement of 7 year(s). IT IS ORDERED, that said sentence shall be suspended and the defendant placed on probation for a period of 8 years under the following conditions: 1. That the probation is granted to and accepted by the probationer, subject to all the terms and conditions Specified in the Conditions of Probation and the Department of Corrections Agreement of Supervision, which must be obeyed, a copy of which is attached hereto and made a part hereof by this reference, and with the understanding that the Court may at any time, in case of violation of the terms of the probation, cause the probationer to be returned to the Court for the imposition of sentence as prescribed by law. 2. That the probationer shall be under the legal custody and control of the Director of Probation and Parole of the State Of Idaho and the District Court and subject to the rules of probation as prescribed by the Board of Correction and the District Court including those attached hereto. 3. That the probationer, if placed on probation to a destination outside the State of Idaho, or leaves the confines of the State of Idaho with or without permission of the Director of Probation and Parole does hereby waive extradition to the State of Idaho and also agrees that the said probationer will not contest any effort by any state to return the probationer to the State of Idaho. 4. ‘That the probationer is also subject to the following special Conditions, to wil a. INTENSE probation supervision. b. Restitution of $167.50. ¢, No contact with victim or victim's family. @. Do not come within 50 yards of any public school except for work related activity. e. Obtain Substange abuse evaluation and recommended therapy - £. Apply for all disability aids and education available through federal and state agencies. g. Obtain psychological evaluation and therapy as recommended. h. Obtain audiologist evaluation and therapy as recommended. JUDGMENT OF CONVICTION 2 1004Case: 16-35273, 08/23/2016, ID: 10097118, DktEhtry: 14-5, Page 159 of 240 i. Obtain evaluation for learning skills, life skills training. No contact with any female under 18 years of age unless contact is through training, school or therapy. Done in Open Court this 24th day of March, 1994. District Judge MINUTE ENTRY 3 1005Case; 16-35273, 08/23/2016, !D: 10097118, DktEntry: 14-5, Page 160 of 240 CONDITIONS OF PROBATION 1. probationer shall report within 72 hours unless otherwise directéd by the Court to the District 7 Probation and Parole Office Gnd make him/herself available to the probation activation process. 2. Probation has been ordered for a specific length of time; however; probation shall not be terminated until the Court has both reviewed the performance of the probationer and has signed an order discharging the probationer. Probation is subject to extension for non-payment of costs, fines, and restitution or unsatisfactory performance. 3. Im addition to any jail sentence ordered to be served immediately, the probationer may serve an additional 120 days at any time during the probationary period at the discretion of the Goket as recommended by an agent of probation and parole. 4. Probationer shall pay the following to the clerk of the District Court Court Costs §__ 24.50 Victim's Relief Fund $__50.00 Public Defender Fees $500.00 Fine % Restitution $7467.50 the Court may order probationer to pay up to an additional 25% of restitution ordered to be paid to compensate for delay in payment. If restitution is not set at the time of sentencing, the Brosecutor’s office shali submit an itemized statement of costs hich will determine restitution, subject to further order of the court. 5S. Probationer shall not purchase, carry, or have in possession or control any firearm, ammunition, explosives, or other dangerous weapons. 6. Probationer shall not, without permission from the Court or probation department: (a) purchase or operate a motor vehicle; tb) incur aay unnecessary indebtedness; (c) leave the assigned district. 7. probationer shall submit to a search of his person, residence or vehicle, at the request of an agent of probation and parole, without a search warrant. 8. probationer shall maintain employment or an approved progran at all times or, if not employed, make a diligent effort Fe regia employment. Probationer shall ‘report any termination of employment or program to the supervising probation officer within two days of termination. MINUTE ENTRY 4 1006Case: 16-35273, 08/23/2016, ID: 10097118, DktEntry: 14-5, Page 161 of 240 probationer shall participate in any mental health, drug/aicohol abuse program, vocational habilitation, educational or feacaing program as recommended by his probation officer and pay the costs of such programs. lo. probationer shall participate in and successfully complete any specialized caseload program prescribed by the Department of Corrections as recommended by the supervising probation officer. li. probationer shall not associate with any individual specified by his/her probation officer. Further, probationer. chal) speccssociate with anyone connected unlawfully to this crime or Egyone on probation or parole or people who use unlawful drugs. ig. probationer shall not frequent any establishment where the sale of alcohol is the major source of income and must not cee saae any alcoholic beverages nor use any drugs or controlled SebStances not prescribed by a licensed physician. 13, probationer shall submit at his own expense (unless waived) blood, breath, or urine at the request of an agent of Brobation and parole to be analyzed for the detection of substance abuse or alcohol consumption. 14, probationer shall respect and obey all laws and report any criminal arrest or receipt of any citation for violation of the 1a Co his/her probation officer within two days of arrest or receipt of any citation. 15. probationer shall submit to a polygraph examination at hie own expense (unless waived) if requested by his/her probation officer. his is to certify that I have read or have had read to me and Fully understand all the conditions, regulations, and restrictions fullyaelby the state Board of Corrections and those imposed by the ae eteier court as conditions of my being granted probation. || 7 hereby agree to abide by and conform to them strictly and fully hereby ogres iat my failure to do so may result in the revocation of my probation. MINUTE ENTRY 5 1007