I Kenneth Clumpus, declare as follows:

I was interviewed by Lee Barnett’s defense investigator.   I told the investigator many facts about the murder with which Barnett was charged, facts which were related to me by Bill Cantwell, and which indicated Barnett was innocent and Bill guilty of the murder, having framed Barnett for the murder of Rich Eggett because he thought Eggett was involved with Barnett in ripping off 25 gallons of liquid speed from Cantwell.   He said it was crank oil.

For quite some time after I testified at Barnett’s trial, anytime Bill Cantwell saw me, he would call me "a rat" for repeating what he told me about setting Barnett up for the murder beef.   During one of those name-calling incidents I said "no, you’re a piece of shit for lying against Barnett and putting him on Death Row for a crime he did not commit!".  Cantwell said: "He shouldn’t have stolen my dope."  I told him he was really low for blaming Barnett for a murder he himself committed and some day he would go to prison.   Cantwell did not appear to be under the influence of any drugs or alcohol and I reminded him that he had admitted to me that he killed Eggettt the last time we spoke together.   Cantwell said to me: "Yeah, I killed Eggett, but nobody can prove it, so fuck you."

Several days later I saw Cantwell again by a liquor store and I decided to make him sweat.   I told him I had a tape recorder on me when he admitted killing Eggett.   Cantwell became very concerned and offered me several pounds of crank for the tape (which didn’t exist).   I told Cantwell that I had given the tape to Barnett’s new lawyer and it was too late, that his arrest was going to occur soon.   Cantwell said he wouldn’t go alive and would blow his own head off before going to prison.

I am making this declaration because I believe what Bill Cantwell told me about Barnett’s being set up for the murder of Richard Eggett, and that Cantwell was the killer himself.   I feel it is very wrong for an innocent man to have been sentenced to death.   I only want this terrible mistake and the miscarriage of justice corrected and that Barnett not be executed of imprisoned for something he didn’t do.

I declare under the penalty of perjury that the foregoing is true and correct except as to matters based on information or belief, but as to those I believe them to be true.

Dated April in 1993 Kenneth Clumpus
Notary Public (signature)
Sworn to before me this 2 day of April 1993
Stamp of Judy N Brownfield
Notary Public California
Butte County
 

I, Jacek Jerzy Gabryelski, declare as follows:

I met Lee Max Barnett in 1984 while I was living in Centerville, in Butte Canyon, at the junction of Helltown and Centerville roads.  The "Junction" was strategically located and served as a stopping place for many gold miners going in to mine and coming out of the canyon with their gold.
Lee Barnett was particularly noticed by me because he engaged me in lengthy conversations dealing with his inventions, experiments and observations of a geological nature, where gold most likely could be found and about his mining techniques.  I shared with him those interests and found him to be a fascinating individual.

I briefly saw Lee Barnett two times again around spring of 1986 at a machine shop belonging to Kyle Riley located on East Avenue in Chico... The second time, I witnessed Mr. Barnett get run down by a Cadillac on East Avenue close by the driveway of the machine shop.  The car was going really fast as it swerved and struck Mr. Barnett.  It then slowed down and turned around but it did not stop, then it sped away.  From this action it appeared that it wasn’t an accident and that someone was either trying to hurt or kill Mr. Barnett...  When I later asked Kyle Riley what this was al1 about, and why no one called the police, he told me that Barnett was at odds with some bikers because he stole from them and that they were trying to kill him.  Riley said that going to the police would be a waste of time.

Some time after the incident in the driveway of Kyle Riley's shop... David Clumpus... informed me that Lee Barnett had been arrested for the murder of Richard Eggett.  He said he knew that the police had the wrong man because Bill Cantwell and possibly others were the real killers.  David Clumpus said Cantwell and his friends tried unsuccessfully several times to kill Barnett, and since Cantwell could not get Barnett, he decided to kill Barnett’s partner, because he thought Eggett was also involved in the theft of his drugs.  He reasoned that if he could not get the stolen stuff back, then he would make them pay, Eggett with the ultimate price and he could blame the murder on Barnett.

Apparently, Eggett was murdered somewhere around his mining camp above Forest Ranch during, after or at some time at a party or gathering that had taken place there.  David Clumpus was privy to these facts because he knew many of the people involved.
After hearing from David Clumpus about the events surrounding the murder of Eggett, seeing Barnett get run down... I realized that they were telling me the truth about the killing incident up in the mountains and all the other events matched the pattern.

While living in Cohasset, in the early part of 1987, I became acquainted with many people who lived in the area.  Among others I met Edward (Eddie) Lee.  Eddie did not have a car so I at times would give him a ride into town.  On one of our trips into town Eddie asked me to drive him to his cousin's house in Chapmantown... because his cousin owed him money.  After we got there I was introduced to Bill Cantwell who was intoxicated and belligerent... He started to threaten Eddie by telling him that he did not have to pay him any of the money if he did him like he did that "motherf____r" Eggett.  He seemed very angry one minute, then he was not.  Finally Bill and Eddie came to an agreement that Eddie could take a chainsaw as partial payment for the money Bill owed him.  We went to the back-yard where Bill said we could find the chainsaw in the tool-shed.  While in the back-yard I noticed a Cadillac that I saw ran over Lee Barnett.  The car was so distinctive that there was no mistake it was the same car that ran over Barnett... On the way out, Bill's wife or girlfriend said to Eddie that she was really worried about Bill because he has been drinking more and more, taking more drugs than ever, and then stay depressed for longer and longer every day.  She said he was paranoid... that somehow he would be caught for killing Eggett and that the whole thing was eating him alive.  She said that he would beat her, and she was afraid he might kill her one day.

It was a well known fact to all of the people who knew about the personal war Bill Cantwell waged against Lee Barnett that it was Bill Cantwell who killed Richard Eggett, but people were so afraid of Cantwell and his friends that no one involved with him would come forward to tell the truth.  This was primarily because people knew that Cantwell was violent and that he was arrested many times for crimes of violence anyone else would have gone forever to prison, but he somehow always got out of it and continued to terrorize people.  It was well known and talk around Chico that Cantwell killed other people and dumped their bodies in the Sacramento River... Chico is a relatively small town and everybody knew about everyone else's business and any news would spread really quickly around town....

From my personal observations while I knew Lee Barnett, I can wholeheartedly say that he was not capable of killing, or a type of person that would hurt someone for any reason.  It absolutely made no sense for him to kill Eggett.  He was always friendly and good natured...  He was always ready to help people he hardly even knew when they needed it.  He spent many hours helping me work on my vehicles and around my residence for no compensation other than a thanks.  I saw him on several occasions helping people stranded with their vehicles on the side of the road.

Dated New York, New York, December 23, 1993
Jacek J. Gabryelski
Sworn to and subscribed before me this 23rd day of December
Lawrence W. Schilling  Notary Public