BODEN LAW, PLLC John A. Boden, Attorney 1145 South 800 Bast, Suit 141 Orem, Utah 84097-7263 Ph. (801) 877-3601 01 September 2017 FIRST NAME, MI. LAST NAME, ADDRESS CITY, STATE ZIP +4 RE: RULE 8 QUALIFIED ATTORNEY SERVING AS LEAD CHAIR FOR POST-CONVICTION REVIEW OF CAPITAL CASE Dear Mr LAST NAME: Judge Skanchy, of the 3" District Court ordered me, John Boden, to seek a Ut. R. Crim. Pro. 8 qualified attorney to serve as lead chair in the post-convietion review of the capital case of Floyd Eugene Maestas vs. State of Utah Case No. 130907856. I was appointed, sua sponte, temporary lead counsel, as Mr. Samuel Newton has been removed from serving in that capacity, as well as from the case (except for the limited purpose of funding issues, yet to be heard by the court), yet, I am not Rule 8 qualified Mr. Maestas has always declared his innocence, and we now have strong evidence of it: + No DNA of Floyd's was ever found — on anything touching the crime, but, the true perpetrators’ DNA is found in all the wrong places on/in the victim and the crime scene; + Two unsolicited letters by one of the perpetrators, William Irish, recanting his testimony, declaring he lied because he was young and scared, and that he and another perpetrator, Rodney Renzo, framed Floyd; + No fingerprint of Floyd’s found, while the other's prints are all over the case (the State claimed to have had Floyd’s fingerprints, but it turns out to only be one (no more) partial print of his right-ring-finger, but preliminary analysis says it’s not Floyd's!); There are other numerous little issues of factual innocence, but a major issue in this case is the fact that Floyd has all his life been labeled “retarded,” by his teachers, doctors, friends and family, and even every one of the experts who evaluated him for trial; the State’s expert, though, said he believed Floyd was malingering (an infuriating point, because we have so many experts’ affidavits stating that belief is erroneous — even the State's expert said so years later!) Page 1 of 2 PagesNow, in fairness, you must know Mr. Newton and I have been threatened numerous times with Rule 11 sanctions, and have been denied payment ~ a lot, ‘These unkindnesses by the State took thier toll on Sam by harming his health and his wife's health, such that he had to get off the case. And my body is not doing much better. We are each sole practitioners — I cannot afford health insurance, and bankruptcy keeps leering at me as well as it has at Sam. Even so, a terrific record in this case has been made for federal habeas (and the State of Utah too, if they will read it), and the first round of “heavy lifting” — writing the Petition — has already been done in this case. Also, the State filed its Motion For Summary Judgement and, out of the 30 claims, the Judge granted the State's motion on 8 of the first ten, and partially granted it on the other two; but Judge Skanchy has not yet ruled on the remaining 20 claims. Please find enclosed with this letter a form to mark your willingness to serve as Lead Counsel in this case. Then, after filling the form out, please place it in the self-addressed stamped envelope to return to me so that I might provide it as evidence to the court of my efforts, as ordered by the court. With gratitude, John A. Boden, Attorney jab Enclosures: 1 pe: None Page 2 of 2 Pages