Sunday, August 7, 2011
The Saga Continues - Defense Attorney Files False Affidavit
Last week the disbarred attorney, Cheryl Snodgrass Caffey, Board Member of the Scottsboro Multicultural Foundation was elected to represent the Scottsboro Multicultural Foundation in legal actions.
Ms. Caffey and the Foundation Board attempts to claim my blog violates intellectual property law, allegations which she and the Foundation falsely asserts and cannot support. This blog was created by me, is copyrighted by me and contains my work, not her work nor the work of the Foundation Board members. There is no contract nor any agreement which was made between me or any Foundation representative to use, give, barter or sell any portion of this blog to the Scottsboro Boys Museum or its managing organization, the Scottsboro Multicultural Foundation. The Scottsboro Boys Museum or its managing organization the Scottsboro Multicultural Foundation has no copyright to any image or any writing I utilize on my blog.
This blog serves as a service to the community in the reporting of Race Relations events in the community and nation as I see them. This blog was created by me prior to the Scottsboro Boys Museum founding. I have never received any money as a result of this blog. I spent hundreds of dollars of my own personal funds in insuring the Scottsboro Boys Museum was successful. I gave and loaned many items to the museum, the items loaned to the museum have not been returned although I requested their return in writing.
Previously I had a donate button on this blog which served to facilitate donations to the Scottsboro Multicultural Foundation/Scottsboro Boys Museum. When the donate button was clicked the viewer was taken to the Scottsboro Multicultural website donation page which connected to PayPal where donations could be made.
After receiving the financial documents of the foundation, ordered produced by the court, it was discovered that mismanagement and misappropriation was evident. I removed the donate button from this blog. Ms. Caffey in her affidavit in the counter-suit makes false allegations in reference to the PayPal information and money transfers. I received the complete PayPal transfer records with bank statements during the discovery process. I had no control over any financial deposits, movements of funds, the drawing of money by any finacial instrument of the foundation. I provided an in depth explanation at a meeting for the express purpose of a deposition between Ms. Washington, with the Foundation attorney, Mr. Finis Royal, myself and my attorney, Parker Edmiston, a full accounting of the Paypal accounts and the their reconciliation with the bank records were provided. All money in reference to the PayPal account was accounted, the records and the PayPal accounting was given to Ms. Washington and the Foundation attorney, Mr. Finis Royal. Now comes Ms. Caffey and makes false/untruthfull statements in her affidavit in the counter-suit in reference to the PayPal accounts. The foundations counter-suit is filled with untruthfull allegations.
The attorney's false allegation in the counter-suit is tacked onto my case to compel the disclosure of Foundation records in Case # 2011-0024, Jackson County Circuit Court. The counter-suit filing is reported in Scottsboro's Daily Sentinel, link: http://thedailysentinel.com/news/article_9c477616-be17-11e0-b44b-001cc4c002e0.html Here's the kicker, the Scottsboro Multicultural Foundation is still in violation of the Judges order to provide records, not all records requested have been provided. This case was about one purpose, production of the records of the Scottsboro Multicultural Foundation I had been requesting and not provided, now over one year.
The allegations in the counter-suit are false, malicious and defamatory; they attempt to distort the original purpose of the case and additionally assassinates the character of those individuals who strived to insure the accountability of private and public funds utilized by the Scottsboro Multicultural Foundation. This case, #2011-0024 concerned RECORDS DISCLOSURE and the accountability of the foundation officers.
A bit of deja vu, Ms. Washington, Ms Caffey, and Mr. Royal, I think they lost that case. How far will attorneys stretch the ethics laws in the state of Alabama for unethical practice? Ms. Caffey's false allegations in an affidavit before the court seems, unlawful and minimally unethical. Ms. Caffey's appearance before the court as a de facto legal representative seems a bit wrongful since the Alabama Rules of Legal Ethics state, disbarred attorneys are limited in their associations, a "disbarred or suspended attorney shall not attend any court proceeding," on May 25th Ms. Caffey appeared before the bench in this case to present argument, short as it may have been, is a disbarred attorney allowed to participate in a case before the court or appear in court as a representative of a defendant in which the disbarred attorney has an association?