PETER STIRBA (Bar No. 3118)                           Affidavit of Laurel Herbst, MD

JOHN WARREN MAY (Bar No. 7412)

215 South State Street, Suite 1150

P.O. Box 810

Salt Lake City, UT 84110-0810

Telephone: (801) 364-8300

Attorneys for Robert A. Weitzel, M.D.

____________________________________________________________________________

THE STATE OF UTAH,

Plaintiff,

vs.

ROBERT ALLEN WEITZEL,

Defendant.

Case No. 991700983

Judge Thomas L. Kay

STATE OF CALIFORNIA )

: ss.

COUNTY OF SAN DIEGO )

LAUREL HERMANSON HERBST, being first duly sworn on oath, deposes and states:

I am presently the Vice President and Medical Director for San Diego Hospice.

I have agreed to be an expert witness in the case of Utah v. Robert Allen Weitzel.

On Tuesday, May 2, 2000, a Betsy Bowman left a message on my telephone voice mail.

I did not receive Ms. Bowman’s message until the morning of Wednesday, May 3, 2000. Prior to this time, I had never heard of, met or spoken with Ms. Bowman.

On the voice mail message, Ms. Bowman queried whether I was actually going to be a witness in what she termed "this multiple murder case," and also indicated that several of the Defendant’s witnesses had dropped out of the case. Finally, Ms. Bowman left both her office and home telephone numbers and requested that I call her back.

I did return Ms. Bowman’s telephone call, and left a message on her voice mail indicating that I do intend to give expert witness testimony in this case.

By the tone and nature of the message left by Ms. Bowman, I believe that her intent on calling me was to intimidate or induce me to not give testimony in this case.

DATED this ______ day of May, 2000.

LAUREL HERMANSON HERBST, M.D.

SUBSCRIBED AND SWORN TO before me this day of May, 2000.

Notary Public

I HEREBY CERTIFY that on this 1st day of May, 2000, I caused to be served a true copy of the foregoing by the method indicated below, to the following:

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