I’m sorry it took so long to update and I will be posting the filings ASAP, but I had a lot to catch up on after researching and writing my filings for over a week and it’s very hard to work on my old notebook.  It’s very slow as soon as I have a few windows open.

After my computer died a week before my answer was due on Thursday the 12th, I barely got done and it’s far from what I’d like it to be, but it’s a good start.

I modeled my filings a bit after the filings at  http://www.graceststephensepiscopal.org/Legal.html 

There’s nothing like sample filings to work off.   But my head was still spinning to grasp the concepts of 3rd party defendants and counterclaim defendants, counterclaimants, …

I added Mathew Hilton, Hollander attorney Irving Johnson and his firm Pryor, Johnson,  Carney, Karr, Nixon P.C. as 3rd party defendants.

As I understand it, 3rd party defendants are the people at least in part responsible for the plaintiff’s damages.

Doctor Hollander sued me, claiming that my allegedly defamatory statements caused her to suffer damages.  In fact, if nobody had contacted me about the sidebar link to the Baileys’ site, most likely I would have deleted it without ever posting about it.  It could have DISSAPEARED without a trace like MANY other links in the sidebar that went bad or became irrelevant.  I’m a VERY busy person, involved in credit reporting litigation and trying to finish my house,  earning a living, starting a new currency and changing the world.

When doctor Hollander and her attorney Johnson CONTACTED me and threatened me with a defamation suit, I posted their submissions and my comments, including the request for specific libelous statements on my site.  Many THOUSANDS of posts and comments are at the still shut down CreditSuit.org, so I’m working off memory and not sure whether I or a reader posted anything else, but probably NOT since they never provided ANY documentation regarding  my site.

And when they SUED me and the process server harassed me, I exercised my right to publish the filings and all the information about the lawsuit and I posted at other sites, trying to find a lawyer and to expose their tactics.

Next, it got REALLY ugly when Matthew Hilton started to submit his abusive, threatening and harassing comments and emails, he didn’t quit when I asked him to, when I imposed a fee and when I pleaded with him not to contact me again.  

I finally filed a complaint with the sheriff after Hilton sent me the composite picture of my house, car, camper and laundry on the clothesline, obviously taken by the process server while trespassing on my property. The gruesome details are in my filing and it got quite long.  

My counterclaims

My counterclaims against all 4 (including Hollander) are for libel/defamation (the complaint, Hilton’s posts and blog with false fraud allegations about me), intentional infliction of emotional distress and tortuous interference with my business.  I made a total of $250 since I had to shut down CreditSuit.org and I’m lucky I didn’t have a heart attack due to the emotional distress.

I pretty much copied the Hollander’s complaint for the causes of action.

And for Johnson, Pryor Johnson and Hollander I added malicious prosecution, perjury and subornation of perjury.

Getting my filings mailed wasn’t easy.

As I was printing the final version of my answer, affirmative defenses and counterclaims, motion to vacate the TRO, exhibits, etc.,  my printer had the first paper jam ever and it sounded like something broke.   Fortunately, I got it going again.

Then I ran out of ink.  Fortunately, I had a new Canon replacement cartridge so I didn’t have to change the microchip for the refills I normally use.

It was after 2:30 pm when I finally left. On the way to Kingman, some tourists flagged me down for direction to the Skywalk.  I tried to talk them out of it, it was way too late to take that crummy dirt road up to Grand Canyon West.

I still had to get the answer and my affidavit notarized and my main bank closed at 4 pm.  Fortunately, my “spare” bank is open till 5 pm and the lady was nice enough to make copies for me.

And I had to pawn my gold ring and a little nugget to cover my phone/DSL bill.  Fortunately, no long wait at the pawnshop.

At the post-office it took me a long time to get everything in order.  I had brought my stapler and I had prepared the envelopes to Pryor Johnson and to return filed copies to me with printed address labels and I brought labels for the court express mailing since I didn’t have a flat rate envelope at home.

I also brought all these old stamps I’ve had for years, many for 37 cents or without any printed value.  I normally print all my postage online, but I figured this was the time to use up those stamps, broke as I am.

Then I had to fill out 4 mailing forms for the express mail (couldn’t use my printed labels) before I got the court address right.  I asked the guy to help someone else while I completed the express form, but he didn’t want to.  And 3 times we started talking while I was writing and I made a mistake.  I didn’t think I’d ever get that form done. 

The flat rate express envelope was COMPLETELY covered with stamps.  I should have taken a picture. 

And then he told me that next day delivery wasn’t guaranteed, but it would PROBABLY get there on Thursday.  $17.50 for THAT.

The Hollander CONTEMPT MOTION

I picked up a contempt motion from Pryor Johnson in Kingman while in town and I will scan and post that next.

On Friday afternoon I called the court and they hadn’t received the mailing yet, but they also hadn’t received ANY mail yet.

And they mentioned something about a call from Hollander attorney Johnson requesting an expedited ruling on the contempt motion and that a minute order was mailed to me. 

So I planned on going back to Kingman tomorrow (almost 120 mile round trip) to pick that up, but apparently the post-office is closed for Presidents Day.

I also filed an address change with the court to a mailbox by the side of the road a few miles from my house.  There’s a lot of mail theft and misdeliveries, but I just can’t drive to Kingman all the time to get the mail.

I tried to talk to someone at the court again about getting at least electronic notices and delivery of filings even if I can’t file electronically, but I only got a VM and didn’t get a return call yet.   Don’t know if CO state court is open tomorrow.

There are more updates and I do have a plan, but first I’m going to make some bread and this post is long enough as it is.

The CURRENT Colorado CRIMINAL code – PERJURY:

http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=5ae26baf.54ec967d.0.0&q=%5BGroup%20%27t.%2018,%20art.%208,%20p.%205%27%5D

18-8-502. Perjury in the first degree.

(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.

(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.

(3) Perjury in the first degree is a class 4 felony.

Doctor Hollander certainly qualifies for conviction. 

What about attorney Johnson who apparently prepared the complaint and affidavit for doctor Hollander’s signature KNOWING that the allegations against ME where entirely fabricated?

Apparently that’s called SUBORNATION OF PERJURY

http://www.lectlaw.com/def2/s191.htm:

SUBORNATION OF PERJURY – The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited.

To complete the offence, the false oath must be actually taken, and no abortive attempt to solicit will complete the crime.

But the criminal solicitation to commit perjury, though unsuccessful, is a misdemeanor at common law.

The act of congress of March 3, 1825, provides, that if any person shall knowingly or wilfully procure any such perjury, mentioned in the act, to be committed, every such person so offending, shall be guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence.

5 years of hard labor for attorney Johnson would be just about right for his stunt. 

But, we don’t have hard labor in prisons anymore and are LAWYERS now exempt? 

What does the Colorado Bar have to say on the subject?

http://www.cobar.org/index.cfm/ID/384/CETH/Colorado-Rules-of-Professional-Conduct/ 

http://www.cobar.org/index.cfm/ID/20494/subID/22448/CETH//

Rule 3.1. Meritorius Claims and Contentions

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

…

 [3] The lawyer’s obligations under this Rule are subordinate to federal or state constitutional law that entitles a defendant in a criminal matter to the assistance of counsel in presenting a claim or contention that otherwise would be prohibited by this Rule.

COMMENT

…

[2] The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions. Such action is not frivolous even though the lawyer believes that the client’s position ultimately will not prevail. The action is frivolous, however, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification or reversal of existing law. [emphasis added]

…

http://www.cobar.org/index.cfm/ID/20494/subID/22451/CETH//

 Rule 3.4. Fairness To Opposing Party and Counsel

 A lawyer shall not:

…

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; [emphasis added]

…

 Attorney Johnson MUST have known that he directed doctor Hollander to verify entirely FALSE allegations in her complaint and affidavit.

Searching at the CO Bar site for perjury, I didn’t find much:

http://www.cobar.org/opinions/opinionlist.cfm?casedate=2/24/1997&courtid=2

A web search got this interesting letter.  The Colorado Weld County district attorney Kenneth R. Buck recommended in his 7/8/08 letter to chief justice James H. Hiatt NOT to prosecute a police officer for perjury (false testimony in a murder trial). 

…

A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.” C.R.S. § 18-8-502(1). Lack of knowledge that the false statement is material is not a defense. C.R.S. § 18-8-502(2).

Certain elements would not be at issue in a Perjury trial under the facts of this investigation. Specifically, under C.R.S. § 18-5-501(2), “a trial is an official proceeding,”

…

People v.  Chaussee, 880 P.2d 749, 762 (Colo. 1994). Similarly, the oath or affirmation that all witnesses take at trial meets the requirements in C.R.S. §§ 18-8-501(2) (a) and (b).

Obviously, doctor Tameira Hollander’s FALSE accusations are not only material, but the ONLY reason the court ordered creditsuit.org shut down.

She verified the FALSE statements under oath, she knew the statements were false and her false statements were filed with the court by attorney Johnson who KNEW that the allegations against me were totally fabricated.

My website has now been shut down for almost 2 months based on nothing but doctor Tameira Hollander’s sworn false statements.

There’s a TON of info at http://www.dvmen.org/dv-181.htm#r18-8-510 and I’ll have to spend some serious time at this site after I’m done with my filings later this week.

From http://www.dvmen.org/dv-181.htm#r18-8-510 

18-8-510 – Subornation of perjury

Notes:

While the subornation of perjury is defined as grounds for disbarment, and for barring a person from holding a state office in the state constitution, it is not in and of itself a crime at present. That absence, or loophole, encourages attorneys, victim’s advocates, shelter workers, etc., to “suggest” to their clients that obtaining a restraining order might be to their advantage. Many shelters provide boilerplate language for use by women in filing DV charges or restraining orders claiming abuse. Victim’s advocates will frequently help women write out requests for restraining orders when asked.

A lawyer who presents a witness knowing that the witness intends to commit perjury thereby engages in the subornation of perjury {People v. Schultheis, 638 P.2d 8 (Colo. 1981)} and under Article XXII, Section 18 of the Colorado Constitution such an attorney is to be disbarred. However, statutory enforcement of that provision of the Constitution is currently lacking.

A major problem today is that despite C.R.S. § 18-8-703 individuals are often coached to file charges such as domestic violence or obtain restraining orders without factual basis. Prosecutors frequently suborn witnesses in plea bargains in order to obtain convictions. And despite the language in the comments for C.R.S. § 18-8-707 suggesting

“The drafters of the model penal code from which former § 18-8-605 derived considered subornation of perjury to be a superfluous restatement of accomplice liability and proposed that persons accused of conduct amounting to subornation of perjury be prosecuted under the accomplice and solicitation statutes.”

no penalty, definition, or crime is presently associated with subornation of perjury in the C.R.S.

As no legal system can persist where the practitioners are free to encourage and suggest perjury, and false allegations, the following statute regarding subornation of perjury is proposed:

(1) Any person who presents a witness in any official proceeding knowing or having reasonable cause to believe that the witness intends to commit perjury thereby engages in the subornation of perjury.

(2) Any person who helps or suggests that a witness commit perjury or false swearing

…

I couldn’t agree more with those proposed revisions and hope THIS case will bring some attention.   And I’ll post in a separate post about this site ASAP.

Looks like I’ll be filing another Bar complaint.

Exhibit 1:

Dr. Hollander’s  ANONYMOUS 8/9/08 web form submission, requesting removal of all references  to “http://tameirahollandermd.com” and my 8/10/08 response with my request for identification of libelous publications and documentation.  The email was returned undeliverable and the correspondence was posted for the world (and attorney Johnson) to see at creditsuit.org.   And this was the first time I referenced http://tameirahollandermd.com.

Exhibit 2:

The 11/20/08 attorney Irving Johnson letter (posted at CreditCourt) delivered when I was  served.  Once again, he failed to identify ANY libelous statements and instead he threatened me:

We represent Dr. Tameira Hollander and you have posted on your website defamatory comments which came to you by way of Mr. and Mrs. Bailey.

You are being served with a Temporary Restraining Order and a Preliminary Injunction Order.

I am informed that you have failed or refused to take down the information about Dr. Hollander, and if you continue in this vein, unless you hire a lawyer or file your pleadings here, we will obtain a judgment, perfect it in Arizona, and seek to enforce it through contempt proceedings.

Since you do not know Dr. Hollander and have no factual basis for posting any information about her, I am requesting that you remove the information immediately.

Your website is being monitored, and the posting of the information is being documented.

Feel free to call me if you wish. I will be delighted to speak with you. [emphasis added]

Again, he failed to IDENTIFY a SINGLE defamatory word.  That’s obviously because I published NOTHING libelous.

I have NO intentions of talking to a lying scumbag like attorney Irving Johnson. 

I’m sure he would be delighted to intimidate, harass and abuse me some more.

Exhibit 3: 

Attorney Johnson’s 11/25/08 web form submission WITHOUT valid e-mail address.

Entry Date: 2008-11-25 11:05 AM
Form Name: support
Name: Irving G. Johnson
Email: ijohnson@pjckn
Website: http://creditsiut.org

Ms. Baker, I am Dr. Hollander’s attorney. I gather you like to “mix it up” and involve yourself in “causes”. The Baileys decided to remove all their defamation from the web because this has gone on long enough. The truth is Dr. Hollander is an exceptional physician who has been maligned for a year and a half. I will gladly serve you if you don’t remove her name from your website. I’m sure I can keep you fully entertained if that is what you prefer. Just let me know.  [emphasis added]

 

I did NOT believe that he was actually an attorney due to the unprofessionalism of this demand.  Not only was his email address obviously NOT valid, but he MISSPELLED creditsuit and I had assumed that NO attorney would not know how to spell “suit”.   A assumed he was troll.

As you will see when the TRO is vacated, I posted this demand with my comments at creditsuit.org and of course attorney Johnson knew that I would gladly remove any libelous statements if he identified them.

Publishing someone’s NAME is NOT defamatory.

Exhibit 4:

12/15/08:  Attorney Johnson mailed to me the affidavit of service along with the printouts of my CreditCourt postings of the docs and my posts here and at CreditSuit.org. 

I’m going to upload this exhibit with my filings next week.  Nothing new here, but goes to show that attorney Johnson read my FACTUAL SUMMARY and obviously did nothing to mitigate my damages.  He COULD have asked the court to vacate the TRO.    He could have offered to dismiss or to settle.  He did NOTHING.

Doctor Tameira Hollander [updated: lied] and filed an entirely FRIVOLOUS harassment suit against me and she got my main website shut down with her [updated: LIES].

Analysis of the 10/16/08 Dr. Tameira Hollander notarized AFFIDAVIT:
Dr. Tameira Hollander PERJURY # 1:

8. I deny that I am a thief, a liar, an attempted murderer, and I deny also that I am a “bad doctor.” These statements are published in a public forum and are searchable online using the common variations of my name such that anyone searching the internet is invariably drawn into the Bailey website and its companion Baker website. Their characterizations and references are false and have in the past and continue to the present to damage and undermine my credibility and my reputation.  [Emphasis added]

Dr. Tameira Hollander PERJURY  :

What is the “companion Baker website”? 

I suppose Dr. Hollander is referring to my website creditsuit.org which she and her lawyer Irving Johnson had shut down based on these updated: LIES.

NONE of my websites have EVER been a “companion website” to any other person’s or entity’s website.  That’s like calling CNN.com the “companion website” to a website mentioned in one of their articles or advertisements.  CreditSuit.org was my MAJOR website with MANY THOUSANDS of posts and comments!

I NEVER stated at CreditSuit.org or anywhere else that Dr. Hollander is a thief, a liar, an attempted murderer and/or a “bad doctor” until AFTER she sued me.

Dr. Hollander is a liar.   

Since she lied about MY publications, it is only reasonable to conclude that she lied about the Baileys’ sites too and their allegations are probably substantially TRUE. 

I have always believed the Baileys’ allegations’ to be true, but now I’m convinced that doctor Tameira Hollander really is a [deleted due to the court's order] doctor”.  She should not be allowed to practice medicine because she [updated: LIED] and filed this totally frivolous lawsuit against me. 

[Deleted due to the court's order.]

I’m not ashamed to admit that doctor Tameira Hollander and [updated: "Mathew Hilton" terrorized me.  [Deleted due to the court's order.]

I keep wondering how many of the old people they find dead in their homes due to ”natural causes” really died from heart attacks when a process server terrorized them. 

Scared to death, literally.

Then “Mathew Hilton” harassed, abused and intimidated me.

What’s next?

When my dog barks I fear for my life. 

I don’t sleep well anymore, I see floaters from the stress and I have nightmares. 

11. When I contacted Ms. Baker informing her that she, through her website, was publishing defamatory information, she was unwilling to remove the information, and I learned later that she informed Mr. Bailey of my attempt to have her remove the information. He changed the website he and his wife created and accused me of attempting to intimidate them.

16. On August 9, 2008, I posted the following comment to creditsuit.org which is owned by Christine Baker:

“Information posted on this site is libel. It can be proven as such by medical records and confirmed by regulatory agencies. Removing all references to this site will protect you from litigation.” [emphasis added] 

In fact, on 8/8/08, I received doctor Tameira Hollander’s  prior  ANONYMOUS submission at the CreditSuit.org contact form.

EXHIBIT 1:

Entry Date: 2008-08-09 04:00 PM
Form Name: support
Name: reporting abuse
Email: info@dynamnichealthdh.com
Website: http://tameirahollandermd.com
message: Information posted on this site is LIBEL. It can be PROVEN as such by MEDICAL RECORDS and confirmed by regulatory agencies. Removing all references to this site will protect you from litigation.

1) Dr. Hollander FAILED to identify herself.

2) I am not familiar with http://tameirahollandermd.com and I never referenced this site at any of my websites until I received this complaint.

3) The very next day, I responded to the  e-mail provided with the anonymous submission (also on EXHIBIT 1):

Providing the URL(s), the EXACT quotes that are libelous and the documentation will result in corrections and/or updates.

Sincerely,

Christine Baker

Note how professional my response was, I even identified myself with my real full name, I requested politely that she provide the libelous quotes and documentation and I promised “corrections and/or updates”.

It sure was odd to have the email returned to me UNDELIVERABLE.

Of course Dr. Tameira Hollander was fully aware of my request because I POSTED it for the world to see at CreditSuit.org.

[Updated: The Baileys provided me with her CORRECT email address and I sent my offer again. This email was not returned undeliverable, and as I recall, doctor Hollander testified under oath that she did not receive this email.]

What else could I have POSSIBLY done?

And this was the first time I referenced http://tameirahollandermd.com  at any of my websites.

INSTEAD of telling me what she wanted from me, she SUED me and she had the court shut down CreditSuit.org.

At the time, I just thought that whoever sent this messages was too stupid to get their own email address right. NOW I’m wondering if this wasn’t PLANNED, part of their strategy.  After all, she didn’t want corrections and updates, she wanted history rewritten and she wanted all references to the Baileys’ accusations deleted.

Dr. Tameira Hollander is a liar and [deleted].  What is she complaining about?

[deleted]

[deleted]

This is all I found about ME and MY websites in the 10/17/08 Tameira Hollander affidavit.

LIES. LIES, LIES, DECEPTION AND OMISSIONS.

Doctor Tameira Hollander [updated: LIES] in the 10/17/08 VERIFIED Complaint:

Dr. Tameira Hollander [updated: LIE] # 3: 

14. Thereafter, the Defendant Christine Baker published and caused to be published and republished this same false and libelous information about Dr. Hollander, and in spite of being contacted by Dr. Hollander who was requesting that it be removed from the internet, refused and failed to do so to and including the present time.

17. Thereafter I know that Christine Baker contacted the Balleys and the Baileys website was amended to link to my above-quoted posting and stating that I am a “liar.”

[my deleted opinon]

As I documented above, this statement is TOTALLY and COMPLETELY false [see Exhibit 1] 
 

21. Thereafter, as Dr. Hollander undertook research and attempted to learn of means by which the defamatory information from the Bailey websites could be removed, she contacted Christine Baker, the author/owner of http://creditsuit.org/ and informed Ms. Baker that her website contained defamatory information. Ms. Baker thereafter notified the Baileys in aid of their defamation of Dr. Hollander and, as previously stated, refused and failed to remove from her website the defamatory information.

This is substantially the same and TOTALLY and COMPLETELY false claim as 14. 

However, it implies that doctor Hollander contacted me TWICE,  which is of course FALSE, as admitted by doctor Hollander in her Affidavit.

And I can’t wait to find out how [updated: they] came up with the bizarre claims that I notified the Baileys “in aid of their defamation …”

Can it get any more bizarre?

23. The Baileys and Ms. Baker published statements which constitute libel per se regarding Dr. Hollander with the specific intention of damaging and/or destroying Dr. Hollander’s professional reputation, discouraging existing patients from continuing to see Dr. Hollander, discouraging new patients from seeing Dr. Hollander, and discouraging the public in general from purchasing and reading Dr. Hollander’s publication.  

Of course this statement is also ENTIRELY false as far as my publications are concerned.

 FIRST CLAIM FOR RELIEF

(Defamation, Libel; All Defendants)

 28. Defendants published and/or caused to be published false statements to third persons via the internet, specifically regarding Dr. Tameira Hollander, and such third persons include, but are not limited to, Dr. Hollander’s patients, both past and present, other physicians, the general public, and both referred and prospective patients who turn to the internet to find information about Dr. Hollander before seeing her or during the course of their care with Dr. Hollander.

29. The statements, which constitute libel  per se, include but are not limited to assertions that Dr. Hollander stole or attempted to steal Mrs. Bailey’s medical file, Dr. Hollander tried to kill Mrs. Bailey, Dr. Hollander intentionally and recklessly provided Mrs. Bailey with poor and/or inaccurate medical advice, and that Dr. Hollander failed to chart or did not properly chart Mrs. Bailey’s medical care and symptoms.

 

SECOND CLAIM FOR RELIEF

 

(Intentional Infliction of Emotional Distress: All Defendants)

 

34. Dr. Hollander incorporates paragraphs 1 through 32 of her foregoing Complaint as if the same were fully set forth.

 

35. Defendants’ conduct individually and jointly was and is extreme and outrageous, and is so outrageous in character, and so extreme in degree, that any reasonable member of the public or the specific community which these actions were intended to manifest, i.e., Arapahoe County and the surrounding metropolitan area, would regard the conduct as atrocious and outside the bounds of common decency.

 

36. AIl of the Defendants’ actions and omissions to act were intentional, and were carried forth with the specific intent to cause Dr. Hollander severe emotional distress, damage to her personal and professional reputations, and to “punish her” by publication through the internet of information which they knew or ought to have known to be false, harmful, and to constitute libel.

 

37. Defendants’ conduct and omissions to act, in fact did cause Dr. Hollander financial loss and severe emotional distress and suffering.

Of course these statements are also ENTIRELY false as far as my publications are concerned.

[deleted]

I think the only reason I’m still alive is that I’ve been eating massive amounts of Cayenne Pepper.  Right now my left arm hurts again, for no apparent reason. 

– Maybe I just almost had a heart attack.  I was going to revise this and maybe change a few things, but just in case I don’t wake up tomorrow, and to increase my chances of waking up, I’ll just leave it like this.

Update:  On 11/19/09, judge Gerald Rafferty ruled that doctor Hollander did NOT commit perjury.   He failed to explain why FALSE allegations and statements made UNDER OATH in a complaint and affidavit are NOT perjury.

Of course I will appeal this ruling.