12.4.17 Bardalex Declaration - Ralston v. Tracy Nessl (McNamara)

MRS. MARTINA BARDALES declares as follows: 1. My name is Martina Bardales. I am over the age of 18 and am competent to testify. I make this declaration from my own personal knowledge.

Background 2. I spent over 20 years employed as a counselor at a local Catholic school. I am 71 years of age and a Justice of the Peace. I have raised 9 children and have lived in the same home for over 40 years. I own a nursery in Boston Village, next door to the property in which Tim McNamara owns in Belize. I met Tim when he first bought his property in Belize in 2013 and began working across the street on his farm.

Tim McNamara 3. I knew Mr. Tim as a loving, kind, generous, hard-working man. On a daily basis we spoke and I think both he and I would consider ourselves very good friends. I knew him for the entire 2 years he was building his bed and breakfast in Belize. I provided a reception dinner at my home, for him, Ms. Tracy and their friends after they were married.

4. After he died I spoke to the man who married them and issued them their license and he said they did not disclose the nature of their relationship or the courts would have never allowed him to marry them.

5. He confided in me many times about his desires for his relationship with Ms. Tracy, his goals, his relationships with his children, Jenny and Caleb, his grandchildren and his ex-wife Vicky. He spoke about how Jenny went everywhere to work with him growing up and how Caleb lived next to him and was always helping on his property. He told me they had a very close relationship, but due to his and Ms. Tracy's relationship she had put a wedge between them and he was trying to make that better. He told me he always regretted leaving his first wife,

that she was like an angel to him and had been the best mom and wife he could ever have had.

6. I saw Mr. Tim on a daily basis, we interacted regularly as good friends and I also provided lunches almost daily for him and his farm hands. For example, on Sundays I would feed the local priests at my home lunch around 3:30 and Mr. Tim would sometimes come to eat with us. One day, he got into a deep conversation with the priest, and told me later about confessing some sins to him. I witnessed them praying together.

7. Mr. Tim was happy most everyday. He had mentioned on several occasions that he loved his new farm, that he had plans with the BTB (Belize Tourism Board) and he would make something big of the mango farm .

8. In August of 2014 Mr. Tim left back to the states. He asked me to pay his workers for him on Friday at the end of that week. He wrote a blank check on the way to the airport when I was dropping him and Tracy off. Tim trusted me. On 2 different occasions Tim told me that Tracy asked him "When you die, where would you like to be buried?"

He told me that made him nervous and that he wasn't trusting her anymore.

9. Mr. Tim was loved by everyone, there wasn't a man who didn't like him in our village. He helped donate to the community, to the children, to events for our citizens and always had good relationships. As time went on Mr. Tim began to lose friends and it was obvious to me that Ms. Tracy would be unkind to the people close to Tim and he would soon have to create distance. I didn't see support to his friendships or working relationships from Tracy.

Tracy McNamara 8. I knew Ms. Tracy but not as well as Mr. Tim because she spent very little time in

Belize. Over a two year period of time I think she came to visit Tim for approximately a week on two different occasions and then closer to a month the last time she was here during the month of December when Mr. Tim died. Ms. Tracy was not highly thought of in our community for a few different reasons.

She did not act respectful towards Mr. Tim whom was highly respected by others, she dressed too revealing as if she was looking for attention, and she was unkind to the workers on the farm, treating them as slaves and talking condescending towards them. There were two different occasions where Mr. Tim bought a mattress for one of his workers Manuel as he didn't have one and then he gave him a tv and Tracy made him go get them back. Tim was embarrassed by this, but was constantly trying to avoid contention. Previously, Manuel came to me and showed me a picture book that Tracy had made him of herself which was sexual and revealing and I told him to give it back and not let her manipulate him and he should be faithful to his wife. Manuel and I believed she made Mr. Tim take this things back because Manuel had turned her down.

9. Ms. Tracy left Mr. Tim on many occasions without mentioning where she was going, sometimes for many hours or a full day and one time even up to 3 days. This scared Mr. Tim. 10. When Ms. Tracy lived in the US she would call Mr. Tim on my home phone at a certain time most evenings. On one particular evening Tim got off of the phone upset and when I asked him what was wrong he explained to me that Tracy admitted to having an affair with one of his previous employees of the farm in Soap Lake.

11. Another time, I saw her riding on the back of the four wheeler with Mr. Tim and she hit him hard upside the back of the head. Mr. Tim had told me of an instance where she made him sleep out in the truck. I had seen her be abusive on more than one occasion.

12. Mr. Tim also did not drink or smoke and it bothered him that she did both quite often.

13. Ms. Tracy did not cook for Mr. Tim. She would make him a peanut butter and jelly sandwich or a tuna fish sandwich at lunch sometimes, but she rarely cooked a breakfast or a dinner. Many times I took dinner over for both of them.

14. One time on Christmas morning of 2013 Tim had gotten up and went out to work not he back part of the property, which couldn't be seen from the house and when he came back to the house (which was still early in the morning) Tracy was gone. He came to my house and told me he had been looking for her. He said she didn't leave a note and I don't know where she's gone. So I sent my two older ~·-sons to go help him. They looked everywhere for the next hour and when she finally came back she told Mr. Tim she had been out giving hitchhikers rides. She had been previously warned that its . ~so~s dangerous to do that 1n another country and my~ r· ·s expressed their frustration to her that she had Mr. Tim in a panic. She didn't seem to care.

December25, 2014- the night Tim passed away 15. On December 25, 2014 at approximately 8:00-8:15 I heard a loud screaming sound and I went outside. It was dark and I cold hear screaming and see a vehicle pulling in. I realized it was Tracy pulling up in her white suv. I could not understand what she was saying. She was going on and on, but I couldn't understand her, so I finally said "Tracy, speak to me, I can't understand you". Ms. Tracy said something like "I think he killed himself". I knew she must have been speaking about Mr. Tim as they were the only two home together. I asked her if she had called 911 and she said "no, that she didn't know there was 911 ". She asked me to come with her and I said "no, I will go in and call 911 for you". Two different times she demanded for me not to call 911 and to go with her, but I knew better. I knew her crying and screaming was fake and she was trying to lure me to the property.

I believe to this day that she was trying to pin what she had done onto me. After I called 911, then I called my son who works for the Crime Investigation Branch as I knew he was just a few miles up the street having Christmas with some other family. He drove to Mr. Tim's house

and went to the scene. Afterwards, he came to my house and told me "this did not just happen recently as the blood where Mr. Tim is laying is all dried up".

I DECLARE under penalty of perjury of the laws of the State of Washington and the nation of Belize that the foregoing is true and correct.

SIGNED this 4th day of December, 2017, at Boston Village, Belize.

/2tqxh'nt>. .lfq•o/a I e2Martina Bardale£ '\latioo of the Peace

Martina Bard ales