About the Decision of the State of Missouri to Execute Ernest Lee Johnson - #Americans with Disabilities Act (ADA)

2. National Council on Disability An independent federal agency making recommendations to the President and Congress to enhance the quality of life for all Americans with disabilities and their families. July 21, 2021 W (AACL) Michael A. Ayele PO Box 20438 Addis Ababa, Ethiopia Re: FOIA Request NCD-2021-10 Dear W: This letter is in response to your Freedom of Information Act (FOIA) request, dated July 2, 2021, in which you requested: “My request for records are as follows. 1) What formal and informal ties exist between the Missouri Department of Mental Health (DMH) and the National Council on Disability (NCD)? 2) What records exist within your possession documenting the intellectual disability of Ernest Lee Johnson? 3) Is there an Intelligence Quotient (I.Q) number the DMH and the NCD consider to be average? Is there an I.Q number the DMH and the NCD take into consideration when determining a person to be intellectually/developmentally disabled? 4) What is the official position of the DMH about the capital punishment of people with below average I.Q? Has the DMH ever filed an Amicus Curiae brief in the judicial branch of the Missouri government on behalf of an intellectually disabled person to prevent a capital punishment from taking place because of their documented long-term intellectual disabilities? If yes, will you promptly disclose those records either to my e-mail or in the alternative my mailing address? What I am requesting for prompt disclosure are all records within your possession detailing (1) formal and informal ties existing between the DMH and the NCD; (2) the intellectual disability and/or sub-average intelligence of Ernest Lee Johnson; (3) the I.Q number the DMH and the NCD consider to be average; (4) the I.Q number, which would convince the DMH and the NCD to determine a person to be intellectually/developmentally disabled; (5) the official position of the DMH about the capital punishment of people with below average I.Q; (6) all Amicus Curiae brief filed by the DMH in the judicial branch of the Missouri government on behalf of an intellectually disabled person to prevent a capital punishment from taking place. Have a good day.” NCD does not have any records responsive to your request. For tracking purposes, your tracking number is NCD-2021-10. If you need further assistance, you may contact Amy Nicholas, NCD’s FOIA Public Liaison at 202-272-2008 or anicholas@ncd.gov. Please include your tracking number 1331 F Street, NW ■ Suite 850 ■ Washington, DC 20004 202-272-2004 Voice ■ 202-272-2022 Fax ■ www.ncd.gov

3. with any correspondence. If needed, it is your right to seek dispute resolution services from NCD’s Public Liaison or the Office of Government Information Services (OGIS). OGIS may be reached at: Office of Government Information Services (OGIS) National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001 OGIS@Nara.gov 202-741-5770 fax 202-741-5769 NCD’s appeal process allows you to appeal withheld information or the adequacy of NCD’s search by writing within 90 days of your receipt of this letter to: Anne Sommers McIntosh Executive Director National Council on Disability 1331 F St. NW. Suite 850 Washington DC 20004 Your appeal must be in writing and should contain a brief statement of the reasons why you believe the requested information should be released. Enclose a copy of your initial request, request number and a copy of this letter. Both the appeal letter and envelope should be prominently marked “Freedom of Information Act Appeal.” After processing, actual fees must be equal to or exceed $25 for the Council to require payment of fees. See 5 CFR §10,00010k. The fulfillment of your request did not exceed $25, therefore there is no billable fee for the processing of this request. Respectfully, Joan Durocher Chief FOIA Officer 2

4. C O U N T YO FL O SA N G EL E S OFF IC E OF THE C OUNTY C OUNS E L 648 KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET TELEPHONE LOS ANGELES, CALIFORNIA 90012-2713 (213) 974-1905 FACSIMILE RODRIGO A. CASTRO-SILVA County Counsel (213) 617-6785 TDD September 2, 2021 (213) 633-0901 E-MAIL egrospe@counsel.lacounty.gov VIA E-MAIL ONLY Michael A. Ayele P.O. Box 20438 Addis Ababa, Ethiopia waacl13@gmail.com Re: Public Records Act Request Dated August 23, 2021 Dear Mr. Ayele: This is in response to your California Public Records Act ("CPRA") request to the Department of Children and Family Services ("DCFS") and the Office of the County Counsel ("County Counsel") dated August 23, 2021, seeking the following: "My request for records are as follows. 1) What formal and informal ties exist between your offices, the Missouri Department of Mental Health (DMH), the Missouri State Employee Retirement System (MOSERS), Amnesty International, the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Health and Human Services (HHS), the National Council on Disability (NCD), the Innocence Project Group and the Offices of Jean Peters Baker? What exactly are your obligations pursuant to the GINA? What communications in the form of e-mails and postal correspondence have you had about the DMH having recognized that I had passed a Federal Bureau of Investigation (FBI) and Missouri State Highway Patrol (MSHP) background check before I began my employment with them in Fiscal Year (F.Y) 2013? i What communications in the form of e-mails and postal correspondence have you had about the DMH and the MOSERS having recently come to recognize that I was paid the amount of $663 (six hundred sixty-three U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,243 (twelve hundred and forty three U.S dollars); $3,888 (thirty eight hundred and eighty eight U.S dollars); $1,285 (twelve hundred and eighty five U.S dollars); $2,572 (twenty five hundred and seventy two U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars); $3,306 (thirty three hundred and six U.S dollars); $1,291 HOA.103378962.1

5. Michael A. Ayele September 2, 2021 Page 2 (twelve hundred and ninety one U.S dollars) and $533 (five hundred and thirty three U.S dollars) between July 15th 2013 until January 15th 2014 for the work I performed in my former capacity as a 'Forensic Rehab Specialist (FRS)?' ii 2) What communications in the form of e-mails and postal correspondence have you had about the July 02nd 2021 records request I had submitted with the Missouri Department of Mental Health (DMH) and the National Council on Disability (NCD) hereby attached in Appendix C? Specifically, what records exist within your possession documenting the intellectual disability of Ernest Lee Johnson? iii Is there an Intelligence Quotient (I.Q) number the EEOC, the HHS, the DOJ, and your mental health offices consider to be average? Is there an I.Q number the EEOC, the HHS, and your mental health offices take into consideration when determining a person to be intellectually/developmentally disabled? What is the official position of the EEOC, the HHS and your offices about the capital punishment of people with below average I.Q? Have the EEOC, the HHS and your offices ever filed an Amicus Curiae brief in the judicial branch of the U.S government on behalf of an intellectually disabled person to prevent a capital punishment from taking place because of their documented long- term intellectual disabilities as have previously done the NCD? If yes, will you promptly disclose those records either to my e-mail or in the alternative my mailing address? What communications in the form of e- mails and postal correspondence have you had about Amnesty International and the Innocence Project Group having noted that Walter 'Arkie' Barton was executed by the State of Missouri even though he was likely an innocent man wrongfully sentenced to death? iv What communications in the form of e-mails and postal correspondence have you had about Jean Peters Baker apology to Kevin Strickland? What communications in the form of e-mails and postal correspondence have you had about Jean Peters Baker belief that Kevin Strickland was wrongfully incarcerated for over 43 years? What communications in the form of e-mails and postal correspondence have you had about Jean Peters Baker interview with Rachel Maddow dated June 19th 2021 on MSNBC? v What communications in the form of e-mails and postal correspondence have you had about the several articles published by the Kansas City Star accusing Missouri Governor Michael Parson of playing politics with the life of Kevin Strickland? vi Have you had any communications in the form of e-mails and postal correspondence about the need for the State of Missouri to put in place a moratorium, which would lead for the eventual abolishment of the death penalty? If yes, will you promptly disclose those records either to my e-mail or in the alternative my mailing address? What I am requesting for prompt disclosure are all records within your possession detailing (1) formal and informal ties existing between your offices, the Missouri Department of Mental Health (DMH), the Missouri HOA.103378962.1

6. Michael A. Ayele September 2, 2021 Page 3 State Employee Retirement System (MOSERS), Amnesty International, the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Health and Human Services (HHS), the National Council on Disability (NCD), the Innocence Project Group and the office of Jean Peters Baker; (2) your communications in the form of e-mails and postal correspondence about your obligations pursuant to the Genetics Information Nondiscrimination Act (GINA); (3) your communications in the form of e-mails and postal correspondence about the DOJ (FBI) and the MSHP background check I had passed in Fiscal Year (F.Y) 2013 before I began my employment with the Missouri Department of Mental Health (DMH) Fulton State Hospital (FSH) located 600 East 5th Street, Fulton, Missouri; (4) your communications in the form of e-mails and postal correspondence about the DMH and the MOSERS having recently come to recognize that I was paid the approximate amounts of $663 (six hundred sixty-three U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,243 (twelve hundred and forty three U.S dollars); $3,888 (thirty eight hundred and eighty eight U.S dollars); $1,285 (twelve hundred and eighty five U.S dollars); $2,572 (twenty five hundred and seventy two U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars); $3,306 (thirty three hundred and six U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars) and $533 (five hundred and thirty three U.S dollars) between July 15th 2013 until January 15th 2014 for the work I performed in my former capacity as a Forensic Rehab Specialist (FRS); (5) your communications in the form of e-mails and postal correspondence about the July 02nd 2021 records request I had submitted with the Missouri Department of Mental Health (DMH) and the National Council on Disability (NCD) hereby attached in Appendix C; (6) your communications in the form of e-mails and postal correspondence about the State of Missouri plans to execute a man described by several news outlets as someone who’s intellectually/developmentally disabled; (7) the I.Q number the EEOC, the HHS and your mental health offices consider to be average; (8) the I.Q number the EEOC, the HHS and your mental health offices take into consideration when determining a person to be intellectually/developmentally disabled; (9) your official position about the capital punishment of people with below average I.Q; (10) all Amicus Curiae brief filed by your offices in the judicial branch of the U.S government on behalf of an intellectually disabled person to prevent a capital punishment from taking place because of their documented longterm intellectual disabilities; (11) your communications in the form of e-mails and postal correspondence about Amnesty International and the Innocence Project Group having noted that Walter 'Arkie' Barton was executed by the State of Missouri even though he was likely an innocent man wrongfully sentenced to death; (12) your communications in the form HOA.103378962.1

7. Michael A. Ayele September 2, 2021 Page 4 of emails and postal correspondence Jean Peters Baker apology to Kevin Strickland; (13) your communications in the form of e-mails and postal correspondence about Jean Peters Baker interview with Rachel Maddow dated June 19th 2021 on MSNBC; (14) your communications in the form of e-mails and postal correspondence about the several articles published by the Kansas City Star accusing Missouri Governor Michael Parson of playing politics with the life of Kevin Strickland; (15) your communications in the form of e-mails and postal correspondence about the need for the State of Missouri to put in place a moratorium, which would lead for the eventual abolishment of the death penalty; (16) your communications in the form of e-mails and postal correspondence about the decision of California Governor Gavin Newsom to suspend the death penalty in March 2019; vii (17) your communications in the form of e- mails and postal correspondence about Californians declining support for the death penalty; viii (18) your communications in the form of e-mails and postal correspondence about the possible reinstatement of the death penalty in the State of California if California Governor Gavin Newsom loses the upcoming recall election." DCFS and County Counsel have conducted searches and determined that there are no responsive records. This concludes our response to your CPRA request dated August 23, 2021. In providing you with this response, the County of Los Angeles is not waiving any rights, defenses, or claims of privilege or exemption of any record under the CPRA or any other statutes. Very truly yours, RODRIGO A. CASTRO-SILVA County Counsel By EMILY A. GROSPE Deputy County Counsel Social Services Division APPROVED AND RELEASED: For DAWYN R. HARRISON Chief Deputy EAG:rpb HOA.103378962.1

8. REQUEST FOR RECORDS 11/25/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl42913@gmail.com ; waacl1313@gmail.com Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices. The basis for this records request are the requirements of the Genetics Information Nondiscrimination Act (GINA). I) Records Requested What I am requesting for prompt disclosure are all records within your possession detailing (1) formal and informal ties existing between your offices, the Missouri Department of Mental Health (DMH), the Missouri State Employee Retirement System (MOSERS), Amnesty International, the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Health and Human Services (HHS), the National Council on Disability (NCD), the Innocence Project Group and the office of Jean Peters Baker; (2) your communications in the form of e-mails and postal correspondence about your obligations pursuant to the Genetics Information Nondiscrimination Act (GINA); (3) your communications in the form of e-mails and postal correspondence about the DOJ (FBI) and the MSHP background check I had passed in Fiscal Year (F.Y) 2013 before I began my employment with the Missouri Department of Mental Health (DMH) Fulton State Hospital (FSH) located 600 East 5th Street, Fulton, Missouri; (4) your communications in the form of e-mails and postal correspondence about the DMH and the MOSERS having recently come to recognize that I was paid the approximate amounts of $663 (six hundred sixty-three U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,243 (twelve hundred and forty three U.S dollars); $3,888 (thirty eight hundred and eighty eight U.S dollars); $1,285 (twelve hundred and eighty five U.S dollars); $2,572 (twenty five hundred and seventy two U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars); $3,306 (thirty three hundred and six U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars) and $533 (five hundred and thirty three U.S dollars) between July 15th 2013 until January 15th 2014 for the work I performed in my former capacity as a Forensic Rehab Specialist (FRS); (5) your communications in the form of e-mails and postal correspondence about the July 02nd 2021 records request I had submitted with the Missouri Department of Mental Health (DMH) and the National Council on Disability (NCD); (6) your communications in the form of e-mails and postal correspondence about the State of Missouri plans to execute a man described by several news outlets as someone who’s intellectually/developmentally disabled;i (7) the I.Q number the EEOC, the HHS and your mental health offices consider to be average; (8) the I.Q number the EEOC, the HHS and your mental health offices take into consideration when determining a person to be intellectually/developmentally disabled; (9) your official position about the capital punishment of people with below average I.Q; (10) all Amicus Curiae brief filed by your offices in the judicial branch of the U.S government on behalf of an intellectually disabled person to prevent a capital punishment from taking place because of Updated.: November 25th 2022 W (AACL) – MICHAEL A. AYELE 1

9. REQUEST FOR RECORDS 11/25/2022 their documented long-term intellectual disabilities; (11) your communications in the form of e-mails and postal correspondence about Amnesty International and the Innocence Project Group having noted that Walter “Arkie” Barton was executed by the State of Missouri even though he was likely an innocent man wrongfully sentenced to death; ii (12) your communications in the form of e-mails and postal correspondence about Jean Peters Baker apology to Kevin Strickland; (13) your communications in the form of e-mails and postal correspondence about Jean Peters Baker interview with Rachel Maddow dated June 19th 2021 on MSNBC; iii (14) your communications in the form of e-mails and postal correspondence about the several articles published by the Kansas City Star accusing Missouri Governor Michael Parson of playing politics with the life of Kevin Strickland; iv (15) your communications in the form of e-mails and postal correspondence about the need for the State of Missouri to put in place a moratorium, which would lead for the eventual abolishment of the death penalty; (16) your communications in the form of e-mails and postal correspondence about the decision of California Governor Gavin Newsom to suspend the death penalty in March 2019;v (17) your communications in the form of e-mails and postal correspondence about Californians declining support for the death penalty;vi (18) your communications in the form of e-mails and postal correspondence about the possible reinstatement of the death penalty in the State of California if California Governor Gavin Newsom loses the upcoming recall election. II) Request for a Fee Waiver and Expedited Processing The requested records have already posed an imminent threat to the physical safety and well- being of Walter Barton. He was executed by the State of Missouri on May 19th 2020. According to the Innocence Project, Walter Barton was at the time of his execution (1) likely innocent of the crimes he had been charged with in Fiscal Year (F.Y) 1991; (2) a man, who had been tried five times and had two convictions overturned for the crimes he had been charged with in Calendar Year 1991; (3) a man who was convicted by a special unit in the Missouri Attorney General Office that had previously “misstated the evidence;” (4) a man who had woefully inadequate counsel; (5) the first person to be executed (by the State of Missouri) since the coronavirus outbreak hit the United States of America (U.S.A).vii On these bases alone, I believe this request for records should be expedited and all fees waived. In addition to Walter Barton, the records sought in this request have demonstrated that Ernest Lee Johnson physical safety and well-being are at risk. As a former employee of the Missouri Department of Mental Health (DMH) Fulton State Hospital (FSH), I really don’t know if Ernest Lee Johnson was ever a patient of the DMH. As a former employee of the DMH, I also don’t know if psychologists/psychiatrists working for the DMH have previously opined that Ernest Lee Johnson was a person with a developmental and/or an intellectual disability. In e-mail correspondences I have exchanged with my former employers, I have urged them to submit without delay (to the judicial branch of the Missouri government) any medical opinion drafted by a psychologist/psychiatrist associated with the DMH affirming that Ernest Lee Johnson was a person with a developmental and/or an intellectual disability (if such records are indeed within their possession). As a representative of the media and a member of the general public, I have recently come to be informed that my former employers don’t have a position about the capital punishment of people (living within the State of Missouri) who have been described by the media as having a developmental and/or an intellectual disability. Please be advised that I am (as a representative of the media and a member of the general W (AACL) – MICHAEL A. AYELE 2

10. REQUEST FOR RECORDS 11/25/2022 public) opposed to the death penalty in part because of the several issues raised in this records request. According to the Missouri Times, Ernest Lee Johnson "sits on death row for the murders of Mary Bratcher, Mable Scruggs, and Fred Jones during a robbery of a Casey’s General Store in 1994. While Johnson’s culpability is unquestionable, ample evidence demonstrates his intellectual and/or developmental disability (IDD) status. Unfortunately, repeated misrepresentation of his condition caused the dismissal of his claims of IDD. To respect Johnson’s constitutional rights, adequate expert opinion is not only necessary but required. (...) Throughout his trial and sentencing, Johnson’s IDD status was repeatedly misrepresented. From age 8, there have been nine documented evaluations of Johnson’s IQ. Three of these were below the cutoff (70) for IDD classification and two were within the grey area (70-75). These are even lower when adjusted for the Flynn Effect, a phenomenon where IQ scores rise over time. Although the full-scale IQ submitted for trial was 67 (from when Johnson was 43), meeting the standard for IDD, the Missouri state expert, Dr. Gerald Heisler, dismissed these results based on his belief that Johnson was intentionally trying to lower his score. This was based solely on perception. However, no objective test to measure effort was given. Instead, Dr. Heisler submitted an IQ score of 95 obtained using the Revised Beta exam, which is typically administered in a group setting as a “quick estimate of general intellectual activity.” This is the sole piece of evidence against Johnson’s claim of IDD. Despite an IDD classification requiring deficits in adaptive functioning, Johnson was not tested for it. Instead, the court and Dr. Heisler relied on witness reports and testimonies from prison guards and other laypeople from the prison. Additionally, no testimony was collected from individuals from Johnson’s childhood or outside the criminal justice system to establish the history of his condition. Furthermore, both the court and Dr. Heisler disregarded Johnson’s family history. His mother and brother both have IDDs, showing a genetic predisposition, and his mother drank alcohol during her pregnancy, increasing the risk of fetal alcohol syndrome, a common cause of IDD. Both were excluded from Dr. Heisler’s evaluation.In spite of Johnson’s guilt, we must respect his constitutional rights. The absence of uniform standards for IDD in the legal system and the deficiencies of the state expert’s evaluation and evidence presentation are some of the factors that led to the jury’s uninformed decision to reject Johnson’s claim of IDD. Because of this, it’s clear that proper expert opinion is required, and thus we implore Gov. Parson to consult the necessary experts —not just for Johnson’s sake, but also for the sanctity of the constitution and the law."viii In his 1996 HBO special entitled Back in Town, George Carlin says of social conservatives that they're “all in favor of the unborn. They will do anything for the unborn. But once you’re born, you’re on your own. Pro-life conservatives are obsessed with the fetus from conception to nine months. After that, they don’t want to know about you. No nothing! No neonatal care, no day care, no Head Start, no school lunch, no food stamps, no welfare, no nothing! If you're pre-born, you're fine. If you're preschool, you're f*****.” ix As a representative of the media and a member of the general public, I recommend for you to watch George Carlin stand-up comedy entitled “Back in Town” for its entertainment and informational value. As you may remember, Eddie Murphy had previously described George Carlin as “the greatest” and “funniest” comedian of all time in a speech he gave at the Mark Twain awards.x As a representative of the media and a member of the general public, I encourage you to reflect W (AACL) – MICHAEL A. AYELE 3

11. REQUEST FOR RECORDS 11/25/2022 about the message the State of Missouri is sending by executing a person described by several news outlets as intellectually and developmentally disabled. I also encourage you to ponder the following questions I’ve been thinking about. Is it likely that Ernest Lee Johnson would have been found incompetent to stand trial because of a mental disorder had he been charged with Trespass (say in the State of Maryland)? Is it likely that Ernest Lee Johnson would have been found unable to assist his legal counsel in the preparation of his criminal trial had he been charged with Trespass (say in the State of Maryland)? Is it prudent for the criminal justice system to send the message that people such as Ernest Lee Johnson (among others similarly situated) are too dumb and/or stupid to stand trial for the petty offense of Trespass (say in the State of Maryland) because of a mental disorder and/or a developmental disability? Is it prudent for the criminal justice system to send the message that people such as Ernest Lee Johnson (among others similarly situated) are intelligent enough to be held accountable and be put to death? I mean: which is it? Could a person found incompetent to stand trial for the petty offense of Trespass (say in the State of Maryland) be intelligent enough to face the death penalty? Be well. Take care. As a former health care worker, I do believe certain hypothetical questions should be asked when considering whether a person with a(n) developmental/intellectual disability should face the death penalty. The questions that need to be asked are in my opinion as follows. 1) Would the person (facing the death penalty) have been able to afford bail if he had been arrested and charged with a misdemeanor (or other crime, where bail was an option)? 2) Would the person (facing the death penalty) have been found incompetent to stand trial because of a mental disorder if he was unable to afford bail after he was arrested and charged with a misdemeanor (or other crime, where bail was an option)? 3) Was the person (facing the death penalty) able to retain an attorney of counsel for legal representation for the murder charges she/he was facing? If the answer to the 1stquestion is “no,” and the answer to the 2ndquestion “yes,” there is in my opinion good reasons not to follow through with the death sentence. As a former employee of the DMH (FSH), I really don’t know if Ernest Lee Johnson would have had the necessary financial funds and community support to afford bail if he had been arrested and charged with a misdemeanor in the State of Missouri. However, I do believe it is likely that he would have been diagnosed with (1) a mental disorder, (2) a developmental/intellectual disability if he had been arrested with a misdemeanor and was unable to afford bail. This records request should be expedited because it puts into question the government’s integrity about the way that people are treated in the U.S.A on account of their gender, their racial backgrounds, their national origins and their disability status. My request for a fee waiver should be granted because [1] I have identified operations and activities of the federal government in concert with U.S city/county/state government as well as non-profit organizations; [2] the issues presented are meaningfully informative about government operations or activities in order to be ‘likely to contribute’ to and increase public understanding of those operations or activities. Under penalty of perjury, I hereby declare all the statements I have made to be true and accurate to the best of my knowledge. Be well. Take care. Keep yourselves at arms distance. W (AACL) – MICHAEL A. AYELE 4

12. REQUEST FOR RECORDS 11/25/2022 W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 5

13. REQUEST FOR RECORDS 11/25/2022 Work Cited iWhat happens to a society in which judicial practice becomes unmoored from reasonable standards of evidence? How does a just society treat people with intellectual disabilities? (…) The U.S. Supreme Court ruled in its 2002 Atkins v. Virginia decision that executing a person with intellectual disability constitutes cruel and unusual punishment. However, states are allowed to define their own standards to determine intellectual disability, and Missouri prosecutors employed a process that would not pass muster in any reasonable intellectual assessment. (…) The standard definition of intellectual disability widely accepted by courts and experts includes three factors: impaired intellectual functioning as measured by IQ, impaired adaptive living skills and onset before age 18. Johnson’s history and the best available evidence are consistent with these factors. Johnson has demonstrated lifelong marked intellectual impairment. Eight of nine full-scale IQ tests since age 8 placed him in a range consistent with intellectual disability. One single testing episode yielded a higher outlier low-average range score, but those files are not available for verification. Some prosecution witnesses suggest Johnson might have deliberately underperformed on IQ tests to feign intellectual impairment. This claim is not supported by the evidence. First, Johnson’s 1968 IQ score at age 8 was comparable to his 2009 IQ score of 71 at age 49, suggesting consistent intellectual impairment across his lifespan. Second, no licensed professional offered scientific data that Johnson underperformed. Third, there are several widely used measures specifically designed to detect whether a person is deliberately underperforming on cognitive tests, measures that are validated scientifically in thousands of studies. Prosecution witnesses inexplicably did not report use of such verification-free measures to see if Johnson was giving his best effort, although these measures are standard in most neuropsychological assessments and certainly should be standard in any death penalty case. When Johnson was administered such effort verification measures in an evaluation, it was found that despite good effort, Johnson still showed cognitive impairment. IQ scores alone do not define intellectual disability, which must also include impairment in adaptive functioning. In a 2003 evaluation that formally assessed these abilities using the best available objective scientific tools, Johnson displayed severe impairment in communication, daily living skills and socialization, consistent with his lifelong inability to learn new skills, retain jobs, learn public transportation or live independently. Finally, Johnson meets the standard of onset before age 18. He had to repeat three grades beginning in second grade, left school while repeating ninth grade, in 2008 demonstrated academic skills in the third- to eighth-grade range and teachers testified consistently to Johnson’s inability to learn even basic tasks. Taken together, the evidence suggests a strong case for intellectual disability and warrants Eighth Amendment protection from execution for Ernest Johnson. We all deserve to be protected from ad-hoc arbitrary definitions and to be judged by scientifically sound standards of evidence. We deserve a legal system grounded in constitutional standards and reliable data. Ernest Lee Johnson planned execution raises questions about intellectual disability. Columbia Missourian.: https://www.columbiamissourian.com/opinion/guest_commentaries/ernest-lee-johnson- planned-execution-raises-questions-about-intellectual-disability/article_aaf3781a-1c0b-11ec- bf86-c78eb6fb59a9.html W (AACL) – MICHAEL A. AYELE 6

14. REQUEST FOR RECORDS 11/25/2022 ii Walter Barton Was Executed – 6 Facts You Should Know About His Case; Innocence Project.: https://innocenceproject.org/walter-barton-innocent-stay-execution-missouri/ Man With Claims of Innocence Executed in Missouri: Walter Barton; Amnesty International.: https://www.amnesty.org/en/documents/amr51/2376/2020/en/ iiiA ‘Profound’ Mistake: Prosecutor Fights to Free Wrongfully Convicted Man; MSNBC.: https://www.youtube.com/watch?v=r9gMSO3JKrk&t=8s ivMissouri Gov. Mike Parson is not so sure that Kevin Strickland is innocent. And you know, now that we’re sharing, we’re not so sure that our governor is innocent. Is he innocent of deciding that facts be damned, he’s not letting some Black guy out of prison before he absolutely has to? There’s no evidence of that. Is he innocent of the bias that the criminal justice system that he was part of as Polk County sheriff works just great, unless you’ve done something wrong? Or of pandering to the political base that he seems to believe doesn’t care if Strickland murdered three people or not? We just have this nagging, Parsonesque feeling that Mike Parson might be guilty — for one thing, of unwillingness to look closely enough at Strickland’s case to know that he really is innocent. The other possibility is that he does know and won’t admit it. A man innocent of mulishness would hurry to correct the awful wrong that he’s instead choosing to perpetuate. The key witness in Strickland’s murder 1979 trial recanted her testimony and apologized long ago, and the real killers confessed. Every day that Kevin Strickland has spent in prison since May 10, when the Jackson County Prosecutor’s Office announced that he did not commit the 1978 triple murder for which he’s been in prison ever since, is on Mike Parson’s conscience, or should be. Yet he appears troublingly untroubled by that responsibility. –Is Missouri Gov. Mike Parson innocent? You know, we’re just not sure; The Kansas City Star.: https://www.yahoo.com/news/missouri- gov-mike-parson-innocent-170454603.html vGov. Gavin Newsom signed a sweeping order on Wednesday putting an executive moratorium on California’s troubled death penalty, thus ordering a reprieve for the 737 people on death row. The action suspends any further executions in California as long as Newsom is governor. But only California voters can repeal the death penalty, something they rejected narrowly three years ago. – Gov. Gavin Newsom Suspends Death Penalty in California. NPR.: https://www.npr.org/2019/03/12/702873258/gov-gavin-newsom-suspends- death-penalty-in-california vi Support for capital punishment continues to dwindle among Californians, with more voters favoring abolishing the death penalty, but the issue remains so politically volatile that the W (AACL) – MICHAEL A. AYELE 7

15. REQUEST FOR RECORDS 11/25/2022 prospects of a repeal are uncertain, according to a new UC Berkeley Institute of Governmental Studies poll co-sponsored by the Los Angeles Times. Of the Californians surveyed, 44% said they would vote to repeal the death penalty and 35% favored allowing executions, with 21% undecided. The findings could help energize support to place a constitutional amendment on the 2022 statewide ballot to ban executions, a proposal under consideration in the California Legislature. – Support for the death penalty is declining in California, poll shows; The Los Angeles Times.: https://www.latimes.com/california/story/2021-05-20/gavin-newsom-death-penalty- opposition-new-california-poll In 1990, nearly 8 in 10 Californians supported capital punishment, according to a Los Angeles Times Poll. By 2019, that number had declined to just over 6 in 10 in a UC Berkeley survey. When asked a different way, 62% of adults questioned by the Public Policy Institute of California said they preferred a life sentence as punishment for first-degree murder, compared to just over 3 in 10 who favored the death penalty. –California politicians used to out-tough each other on the death penalty. No more; The Los Angeles Times.: https://www.latimes.com/politics/story/2021-03-08/newsom-california-death-penalty-politics viiWalter Barton Was Executed – 6 Facts You Should Know About His Case; Innocence Project.: https://innocenceproject.org/walter-barton-innocent-stay-execution-missouri/ viiiOpinion: Ernest Lee Johnson Is Constitutionally Ineligible for Execution; The Missouri Times.: https://themissouritimes.com/ernest-lee-johnson-is-constitutionally-ineligible-for- execution-parson-should-convene-a-board-of-inquiry-to-examine-idd-claim/ ixGeorge Carlin on ‘Pro-Life Conservatives;’ YouTube.: https://www.youtube.com/watch?v=vZijLQGH1v0&t=44s xEddie Murphy’s full Mark Twain speech and Bill Cosby impression; YouTube.: https://www.youtube.com/watch?v=c1PGPv_Q9sU W (AACL) – MICHAEL A. AYELE 8

16. EXHIBIT 1.

28. The Commonwealth of Massachusetts Commission Against Discrimination THE JOHN W.MCCORMACK BUILDING 1ASHBURTON PLACE •ROOM 601•BOSTON,MA02108-1524 SUNILA THOMAS GEORGE CHAIRWOMAN CHARLES D.BAKER GOVERNOR LIEUTENANT GOVERNOR August 27, 2021 BY EMAIL W (AACL) Michael A. Ayele PO Box 20438 Addis Ababa, Ethiopia waacl13@gmail.com; waacl1313@gmail.com; waacl42913@gmail.com Re: Public Records Request #21-324 Dear Mr. Ayele: The Massachusetts Commission Against Discrimination (“MCAD”) received your public records request on July 29, 2021. You requested records in the form of e-mails and postal correspondence pertaining to the following: 1. Formal and informal ties existing between MCAD and the District of Columbia, Government (DC.Gov), the Missouri Department of Mental Health (DMH), the Missouri State Employee Retirement, System (MOSERS), Amnesty International, the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), the Department of Health and Human Services (HHS), the National Council on Disability (NCD), the National Archives Records Administration (NARA), the Social Security Administration (SSA), the United States Department of State (DoS), the Department of Homeland Security (DHS), the Department of Education (DoED), the Department of Commerce, the Merit System Protection Board (MSPB), the Innocence Project Group and the office of Jean Peters Baker. 2. Communications in the form of e-mails and postal correspondence about MCAD’s obligations pursuant to the Genetics Information Nondiscrimination Act (GINA); 3. Communications in the form of e-mails and postal correspondence about the DOJ (FBI) and the MSHP background check you passed in Fiscal Year (FY) 2013 before you began your employment with the Missouri Department of Mental Health (DMH) Fulton State Hospital (FSH) located 600 East 5th Street, Fulton, Missouri; MONSERRATEQUIÑONES COMMISSIONER KARYN E.POLITO NELDY JEAN-FRANCOIS COMMISSIONER FAX:(617)994-6024 TELEPHONE:(617)994-6000 www.mass.gov/mcad/

29. BY EMAIL W (AACL) Michael A. Ayele Page Two August 27, 2021 4. Communications in the form of e-mails and postal correspondence about DMH and MOSERS having recently come to recognize that you were paid the amount of $663 (six hundred sixty-three U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,215 (twelve hundred and fifteen U.S dollars); $1,243 (twelve hundred and forty three U.S dollars); $3,888 (thirty eight hundred and eighty eight U.S dollars); $1,285 (twelve hundred and eighty five U.S dollars); $2,572 (twenty five hundred and seventy two U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars); $3,306 (thirty three hundred and six U.S dollars); $1,291 (twelve hundred and ninety one U.S dollars) and $533 (five hundred and thirty three U.S dollars) between July 15th 2013 until January 15th 2014 for the work you performed in your former capacity as a Forensic Rehab Specialist (FRS); 5. Communications in the form of e-mails and postal correspondence about the July 02nd 2021 records request submitted with the Missouri Department of Mental Health (DMH) and W (AACL) the National Council on Disability (NCD) attached as your Appendix C; 6. Communications in the form of e-mails and postal correspondence about the State of Missouri plans to execute a man described by several news outlets as someone who’s intellectually/developmentally disabled; 7. The I.Q number the EEOC, the HHS, the DOJ, the SSA and Massachusetts mental health offices consider to be average; 8. The I.Q number the EEOC, the HHS, the SSA and your offices take into consideration when determining a person to be intellectually/developmentally disabled; 9. Official position about the capital punishment of people with below average I.Q; 10. All Amicus Curiae brief filed by MCAD in the judicial branch of the U.S government on behalf of an intellectually disabled person to prevent a capital punishment from taking place because of their documented long-term intellectual disabilities; 11. Communications in the form of e-mails and postal correspondence about Amnesty International and the Innocence Project Group having noted that Walter “Arkie” Barton was executed by the State of Missouri even though he was likely an innocent man wrongfully sentenced to death; 12. Communications in the form of emails and postal correspondence Jean Peters Baker apology to Kevin Strickland; 2

30. BY EMAIL W (AACL) Michael A. Ayele Page Three August 27, 2021 13. Communications in the form of e-mails and postal correspondence about Jean Peters Baker interview with Rachel Maddow dated June 19th 2021 on MSNBC; 14. Communications in the form of e-mails and postal correspondence about the several articles published by the Kansas City Star accusing Missouri Governor, Michael Parson, of playing politics with the life of Kevin Strickland; 15. Communications in the form of e-mails and postal correspondence about the need for the State of Missouri to put in place a moratorium, which would lead for the eventual abolishment of the death penalty. Attached please find a document responsive to your request for MCAD’s formal and informal ties exist between MCAD and EEOC. Please be advised that a diligent search of Commission records did not reveal any documents responsive to your requests other than the documents attached hereto. MCAD is not the keeper of record for the District of Columbia, Government (DC.Gov), Missouri Department of Mental Health (DMH), Missouri State Employee Retirement System (MOSERS), Amnesty International, Department of Justice (DOJ), Equal Employment Opportunity Commission (EEOC), Department of Health and Human Services (HHS), National Council on Disability (NCD), National Archives Record Administration (NARA), Social Security Administration (SSA), United States Department of State (DoS), Department of Homeland Security (DHS), Department of Education (DoED), Department of Commerce, Merit System Protection Board (MSPB), Innocence Project Group, the office of Jean Peters Baker, MSNBC, or Kansas City Star. Further, MCAD does not have any documents you request in its possession, custody or control. If you object to MCAD’s response, in accordance with G.L. c. 66, § 10 and 950 CMR 32.00, you may appeal to the following office: Supervisor of Public Records, Office of the Secretary of the Commonwealth, Public Records Division, One Ashburton Place, 17th Floor, Boston, MA 02108. Also, in accordance with G.L. c. 66, § 10A(c), you have the right to seek judicial review of an unfavorable decision by commencing a civil action in the Superior Court. Very truly yours, Theresa A. Lepore Theresa A. Lepore Records Access Officer 3