here is a big one in my mind
Additionally on August 9th email printouts were misused to create and reinforce false statements to the
court and created an illusion of deception by the Defendant. The Defendants attorneys did make false
statements to the court. Then knowing the facts failed to correct the error in spite of requests from the
Defendant. This apparent fraud upon the court, at a minimum mistake in the face of contradictory
evidence, did affect the judgment of the court as shown in the opinion. On page 29, paragraph 3 the
opinion states: ''he seemed to loose his place in time'' ... ''he became visually upset recognizing he had a
devastating lapse in memory, lost his usual polite demeanor and stated 'Oh Shit' (Defendants #62).''
Further this was not corrected post opinion. The Defendant is left with a vanishing ability to view this
as anything but intentional, hence fraud not incompetence. In reality the Defendant was under the
impression his daughter had acted out at school saying “suicide” as a result of her Mothers
On August 9th Beth Conklyn took scraps of emails from June 4th and asked the Defendant about the
times he had talked to Ms O'Toole, the principle at the child's school, about the child saying ''suicide''
at school. There was only one occasion the Defendant was aware of, and that was sometime prior to
April 16th, as it is referred to it in an email on that day to Dr Snyder. Ms Conklyn came on the case in
late May. Defendant's records show a first meeting the 25th. Defendant's attorney had mentioned that
Ms Conklyn had spoken to the school and the child had acted out twice at school (See Defendants #62).
Once in 3rd grade placing stickers on kids backs with inappropriate phrases on them. Then once in
forth grade where she said something inappropriate to another girl. The child apparently used the word
''suicide.'' Ms O'Toole reported the same and said a witness corroborated the child's version.
Defendant was taken aback that Ms O'Toole seemed more concerned about a girls hurt feelings than a 9
year old daughter of divorce talking about ''suicide.'' There are several items pointing to this not
occurring in June:
1. A voice mail from Ms O'Toole asking for us to call in and thanking Missy for the Christmas
presents, seemingly implying it was much earlier in the year, than June (likely not in evidence)
2. In addition to the April 16th email to Dr Snyder where I refer to the ''suicide'' statements.
3. In the June 4 email itself, to Ms Conklyn, it specifically states that his school discussion
occurred in April. It does state April 19 but it must have been prior due to April 16 email to
Ms Conklyn sat down from trying to get me to make some statement about another time I talked to
school about the child saying suicide at school. So the Defendant had no idea what Ms Conklyn had
been referring to.
Next Defendants attorney Donna Rismiller stood up in redirect after Ms Conklyn, gave the Defendant
the same email but an unaltered copy showing the date was June 4th, and suggesting that the discussion
with the school had occurred on June 4th. The Defendant had not looked at those emails in over a year
and could not have recalled that level of detail in any scenario given he had no reason to think much
about those emails prior. Ms. Rismiller successfully coaxed him to state that it appears that the
discussion appeared to happen on June 4th. But she had the email and in it, it states that the discussion
occurred in April. A few minutes later the court recorder picks up the Defendant's attorneys stating to
each other (paraphrasing) "it looks like it is working." This as Mr Jorgenson cross-examines the
Defendant on this topic.
This coupled with her nervous requests to have the Defendant focus on busy work just after he told her
he was going to look into it. She actually scolded me saying something like :"You tend to do your own
thing but tonight I really need you to focus on these things." These things were some insurance crap,
Erin's writings and drawings, and a baptism cert for Erin. All of which I did and non of them were