Affidavit of Neal Dupree

APPENDIX “E”

STATE OF FLORIDA

COUNTY OF LEON

COMES NOW THE AFFIANT, NEAL A. DUPREE, WHO, UNDER PENALTY

OF PERJURY, HEREBY SWEARS AND AFFIRMS AS FOLLOWS:

1. My name is Neal A. Dupree, and I have been a licensed Florida attorney

since 1980. I currently serve as the Capital Collateral Regional Counsel for South

Florida, and I have held that position since August, 1998.

2. During my tenure as Capital Collateral Regional Counsel-South (CCRCSouth),

my office has continually represented Angel Diaz during his postconviction

appeals. It was in my capacity as CCRC-South that I witnessed the

execution of Mr. Diaz at Florida State Prison on December 13, 2006.

3. The curtains to the execution chamber were opened at 6:00 p.m. From my

seat in the front row of the observation room. I was located approximately six (6)

to seven (7) feet from Mr. Diaz. Initially, I observed Mr. Diaz laying on a gurney

covered by a white sheet. He was strapped to the gurney, and his right arm was

held in place by a leather strap. Additionally, Mr. Diaz had some type of tape or

gauze holding his right hand in place, and an intravenous needle had been placed in

his right arm where his elbow would bend. There appeared to be two separate lines

that ran beneath the gurney hooking into the intravenous line, and those two lines

traveled into a prepared space in the wall behind the gurney.

4. Mr. Diaz was asked if he had any last words, and he was permitted to give a

brief speech in Spanish. Having met Mr. Diaz before, it appeared to me that he was

sedated in some manner, as his speech was slower and somewhat slurred.

5. Within a few minutes, Mr. Diaz became agitated, and it appeared to me that

he was speaking to the members of the Department of Corrections staff. They did

not appear to respond to him and I was unable to hear his part of the conversation

because the intercom between the execution chamber and the observation room

had been turned off. During the time Mr. Diaz appeared to be speaking, it was my

observation that he was in pain. His face was contorted, and he grimaced on

several occasions. His Adams Apple bobbed up and down continually, and his

jaw was clenched.

6. I could observe some type of fluid flowing through the intravenous tube, and

Mr. Diaz head rolled to the right. A strap had been placed across his forehead, and

a member of the DOC staff held the strap. I observed Mr. Diaz' right eye to close,

but his left eye remained open. His mouth opened, and Mr. Diaz appeared to be

gasping for air for at least 10-12 minutes. It was apparent that the complete drug

cycle had been given to Mr. Diaz, however, on several occasions over the next

twenty minutes I observed movement from Mr. Diaz, and he continued to gasp

heavily for air.

7. Approximately twenty minutes into the procedure, I observed two members

of the DOC staff, one large black male, and a slightly smaller white male have

several conversations into two separate phones. The black male had been on one

phone since the initiation of the procedure, and I observed him hand that phone to

the white male two times. After speaking into the first phone, the white male picked

up a second phone, and had another conversation. It was apparent that something

was wrong, and it was my observation that the other DOC staff members in the

room looked uncomfortable at that time.

8. After a total of 25-30 minutes, Mr. Diaz' breathing appeared to get shallower.

His face became slack, and his skin had a grayish pallor. During the last 5-6

minutes, both of his eyes opened and his Adam's apple slowly stopped bobbing.

9. I next observed a person wearing a purple suit (somewhat like a beekeepers

outfit) enter the room. He flashed a light into the opened eyes of Mr. Diaz, and then

checked his heart rate. That person left the room, and another person similarly

garbed entered the room. He also checked Mr. Diaz' eyes and his heart rate. Mr.

Diaz was then pronounced deceased by DOC personnel at 6:36 p.m. The time from

when Mr. Diaz finished speaking, until the time he was pronounced dead was a

span of 34 minutes.

FURTHER AFFIANT SAYETH NAUGHT.