REPRESENTATIVES OF THE GARRETT FAMILY c/o Susan Floyd Garrett 456 B Amado Street Santa Fe, NM 87501

July 25, 2010 The Honorable Bill Richardson Governor of the State of New Mexico 490 Old Santa Fe Trail, Suite 400 Santa Fe, NM 87501 Re: Possible pardon for Billy the Kid Dear Governor Richardson: As grandchildren of Pat Garrett, we have watched with outrage and sadness the seven year progression of the Billy the Kid Case. It came to a head in the Albuquerque Journal article of July 24, 2010, titledRichardsonWeighsPardonforBillytheKid.It is time for our response. Before we express our opinion as to whether Billy the Kid should be granted a pardon for the crimes for which he was convicted, it is necessary to make an important distinction. Is it Brushy Bill that will be pardoned or is it William Bonney, alias Billy the Kid? In your 2003 press release you declared your support of re-opening the investigation of the death of Billy the Kid with the use of current forensics. The case is numbered 2003-274. In that case, probable cause is claimed for the following allegations against Pat F. Garrett: A cold case murder investigation to be undertaken (with tax payer money) against Pat F. Garrett for the alleged murder of an innocent victim, instead of William Bonney AKA Billy the Kid, on July 14, 1881. Garrett as an accomplice to the double murder of Deputies Olinger and Bell claiming that GarretthidthemurderweaponforBillysescape. Garrett as Escape Abettor of a condemned murderer after premeditating the murder of his own deputies, he aided and abetted the jail break escape. Garrett conspired to conceal his alleged crimes along with his deputies John W. Poe and ThomasMcKinneyandsixCoronersjurymenandthetownspeopletoconceal the identity of the innocent victim buried on July 15, 1881 in the Billy the Kid grave.

From the beginning, Governor Richardson, we feel as many historians feel, that you have created your own version of the facts that has nothing to do with the real history of the State of New Mexico. We are well aware that you and your associates have provided no information at all to justify a pardon. In fact, the casesonlymentionofapardonwasrelatedtothelongdiscredited

Texas man named Oliver Brushy Bill Roberts. He was not Billy the Kid. In 1950 the New Mexico governor, Thomas J. Mabry, refused a pardon based on lack of evidence. Now, if we are talking about the real Billy the Kid and NOT Brushy Bill Roberts, the comments of the historians, as quoted in the Albuquerque Journal article on Saturday, July 24, 2010, may have merit. We were at the Wild West History Association conference too. We agree this was a difficult time period inourstateshistory, and perhaps Billy took part of the heat for it as the identified gang leader. People feel he got treated unfairly because he was the only person tried for Brady's murder; all involved were indicted--but Billy was the only one who was still around. All the rest were either dead or had left the territory. However, Lew Wallace did not follow through with the pardon and perhaps the reasons why need to be appropriately researched and debated. There is plenty of history to make an intelligent determination regarding the question of a pardon. The real question to ask is: If Billy the Kid was living amongst us now, would you issue a pardon for someone who made his living as a thief and, more egregiously, who killed four law enforcement officers and numerous others? In the meantime our grandfather has been accused of murder and conspiracy in the escape of Billy the Kid as set forth in public record case # 2003-274 along with other charges. Because Pat Garrett is deceased, he has not had the benefit of legal representation in these unfounded allegations. This is an abomination as well as an inexcusable defamation of a great man. This charade has done nothing but create doubt. In fact, we consider it to be a case of public slander. Therefore, we urge you to stop this pardon. Severe and irreparable damage has already been done by your public support of the Billy the Kid case to our grandfather's reputation and to our family name. The history of New Mexico has been permanently disfigured by the element of doubt alone. We are attaching signatures from a petition against your pardoning of Billy the Kid as Brushy Bill Roberts that was signed during the Wild West History Association meeting of last week. Almost 100 signatures were obtained on the petition many of whom are well known historians. A pardon for Billy is premature, but an apology to us should take place now. Please respectfully respond that you will drop this action. AsPatF.Garrettsaid,Letthosedoubt who will. Respectfully submitted,

Jarvis Patrick Garrett

Susan Floyd Garrett

Pauline Garrett Tillinghast 2

Cc: Diane Denish, Lieutenant Governor Michael Cerletti, Secretary of Tourism Jennifer Holson, Assistant Secretary of Tourism Mike Pitel, Director of the Billy the Kid Project, Tourism Department Gary King, Attorney General