NELSON TRAVERSOROBERT JOHNLaw Office of Nelson Traverso312 Fifth AvenueFairbanks, Alaska 99701Phone: 907-457-3307Fax: 907-457-3308Emai1: traverso.law@gmail.com

Attorney for Francis Schaeffer Cox

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ALASKA

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UNITED STATES OF AMERICA,

Plaintiff,

vs.

FRANCIS SCHAEFFER COX,COLEMAN L. BARNEY, andLONNIE G. VERNON,

Defendants.

STATE OF ALASKA ))ss.

FOURTH JUDICIAL DISTRICT )

Case No. 3:11-CR-00022-RJB

AFFIDAVIT OF FRANCIS AUGUSTSCHAEFFER COX IN SUPPORT OFMOTION TO SUPPRESS ALLEVIDENCE OBTAINED AS ARESULT OF ILLEGAL SEARCHAND SEIZURE AND TO DISMISSALL CHARGES WITH PREJUDICE

FRANCIS AUGUST SCHAEFFER COX, being first duly sworn, deposes and states

that:

1. . I am one of the accused in this case.

2. I and my family had every actual expectation of privacy that no one would be

monitoring or recording any of the meetings and other gatherings at which the government's

Case 3:11-cr-00022-RJB Document 174 Filed 12/19/11 Page 1 of 4

confidential informant CI-1 was present with me and often with my family as well. With the

exception of perhaps a few conversations in a vehicle that Ihad with CI-1, all or almost all of

the gatherings occurred at the homes of members of the Alaska Peacemakers Militia (the

Peacemakers), including my own home and others' homes where I and my family were

residing. For example, on February 19, 2011, one of several meetings which were called by

CI-1 under the false pretence that they were called by me, that gathering occurred in the

morning hours in my wife's and my bedroom at Coleman Barney's home where we were

residing.

3. On February 19, 2011, I concluded that in the best interests of everyone, I had

no choice but to leave Alaska with my family immediately. When I expressed this in no

uncertain terms to CI-Ion that date, he first indicated that he would give my family and me a

lift to a port or airport and then indicated that he knew a sympathetic trucker who would soon

transport my family and me to the Lower 48 United States. In addition, on that date CI-l

separated my family and me from our vehicle when he took the battery from the vehicle and

promised to promptly replace it, a promise CI-1 never fulfilled, even belatedly.

4. But for CI-l's false representations concerning the trucker to transport my

family and me to the Lower 48, my family and I would have left the Fairbanks area heading

out of Alaska on February 19,2011, after buying a new battery for our vehicle. Also, we

would have headed out of Alaska immediately if at any time CI-l had informed me that the

trucker had reneged or was otherwise not going to be available for more than a few days.

Affidavit of Schaeffer CoX/Page 2

Case 3:11-cr-00022-RJB Document 174 Filed 12/19/11 Page 2 of 4

5. In the days that followed February 19,2011, my family and I were ready to

leave Alaska. Thus, I had numerous conversations with CI-1 as to why the trucker was not

here to transport us to the Lower 48 and expressing my eagerness to leave. On those

occasions, CI-1 offered numerous false explanations and excuses which conveyed that the

trucker would be in the Fairbanks area shortly to transport us out of Alaska. Among the false

explanations and excuses offered by CI-1 were the following:

• He's three days out.

• He had to turn around in Montana to take a "hot load" to Texas.

• His driving log is backed up.

• His trailer was not winterized so he burned up his wheel bearings and is

gummed up in the cold now awaiting parts in Whitehorse, Yukon Territory

(about a 10-12 hour drive from Fairbanks).

• The breakdown put him behind schedule so he is going to Alaska Pipeline

Pump Station No.2 instead of stopping in Fairbanks.

• He had to wait at Pump Station No.2 for two days to get loaded with a drill rig

coming south.

• He has logged too many hours so he has to sleep.

• He is in town but he is visiting in-laws.

On March 10, 2011, CI-1 led me to believe that the trucker was finally here to take us to the

Lower 48 that day, and when we drove to the place where I was arrested, I was expecting to

meet the trucker then and there.

Affidavit of Schaeffer CoX/Page 3

Case 3:11-cr-00022-RJB Document 174 Filed 12/19/11 Page 3 of 4

6. Although CI-1 was never more than en entry-level member of the Peacemakers,

CI-1 refused on numerous occasions to abide by my orders. Among the things that CI-1 did

that were in direct contravention of what I told CI-1 to do and not do are the following:

• I explicitly and specifically told CI-1 not to talk with Aaron Bennett and not to talk

with a person who turned out to be the government's confidential informant CI-2; yet,

CI-1 talked with them repeatedly. I was concerned about these two persons' violent

tendencies and was well aware that CI-2 had taken a knife to Les Zerbe's (one of the

Peacemakers') throats during the summer of20 10 when Les Zerbe had indicated that

the Peacemakers had no plan for violence.

• I explicitly and specifically told CI-1 not to discuss a purported "2-4-1" plan; yet, CI-1

did so anyway. For example, at the gathering on February 19,2011, which CI-1 had

himself called under the guise of it being called by me, CI-1 continued to push a "2-4-

1" plan even though he had been repeatedly told by me and other Peacemakers on

February 11, 12, 14, and 15,2011 that any such plan was not going to happen.

• I explicitly and specifically told CI-1 not to incite Lonnie Vernon; yet, CI-1 did

precisely that on several occasions, most particularly during CI-l's recorded trip to

and in Anchorage with Lonnie Vernon and also on February 12, 2011 when CI-1

pitched the purported "2-4-1" plan to Lonnie Vernon.

• I explicitly and specifically told CI-1 not to make "what if' plans with others; yet,

CI-1 repeatedly did so.

Affidavit of Schaeffer CoxlPage 4

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