The following is my Affidavit of Truth that currently is attached to my
resume in an attempt to obtain employment in my field of expertise (19
years) as a Data Warehouse Engineer and System Architect. It must be
noted that I have been unsuccessful in this endeavor as so many of
these companies require background checks and have company policies
that prevent anyone with a felony on their record from holding these
positions dealing with highly-secure data. It is obvious that my
own experiences have driven my activism especially against a corrupt
judiciary. I have posted 2 large PDF files for download below
which detail the entire ordeal and the fact that not only were the
judges and prosecutors involved in these many Constitutional
violations, but also the previous Attorney General and now U.S.
Senator, Ken Salazar as well. You will notice that some of the
witnesses I was not allowed to subpoena were USA Today and Century
Mortage. It is obvious that these corrupt officials did not want to
allow their system to become a media circus. I will continue to fight
this corruption and hopefully use my skills to advance groups
attempting to do the same.
Sincerely,
Gerald "Gerry" Donaldson
Editor of Awaken America newsletter
http://www.awakenamerica.net
Vindiciae Contra Tyrannos
You can view this exculpatory evidence online or Right Click and "Save
as" to download these large files.
Excuplatory
Evidence File 1
Excuplatory
Evidence File 2
Affidavit of Truth
Regarding Felony
Conviction and My Pending Action in U.S. District Court
Per Colorado case # 98-CR-2513
Gerald "Gerry" Donaldson
As with most Internet-based companies
today, my company took
electronic check payments over the Internet per the Electronic
Transactions Act
of 1997. The legal issues I have mentioned are due to an assumption by
win-at-all-costs prosecutors that the taking of electronic payments
online was
an act of forgery. Once I supplied exculpatory evidence that my company
and I
were actually the victims of Interstate Commerce Fraud and Theft, and
I, nor my
company had committed any crime, Adams County’s judicial system
proceeded to
deny me my rights under the 6th and 14th
Amendment.
Current action is proceeding against them.
Following is a synopsis of these events.
My company, Target Database Marketing,
with sales people in
5 states, was primarily Internet-based and primarily relied on
electronic
payments by check (per the Electronic Transactions Act) from over 250
regular
clients. In April 1998 we signed a wholesale contract with Financial
Marketing
Inc. (FMI) and, over the next 2 ½ weeks, they purchased over
$22,000 worth of
wholesale data from us using our online payment system and pursuant to
our
contract, we drop shipped these orders to their clients.
The first $15,000 worth of checks cleared
without difficulty, but then we discovered that they closed their bank
account
causing the last $7,000 worth of checks to bounce.
Repeated attempts to collect the
balance were ignored and I
went to the Boulder County DA's office.
As the company was based out of Georgia, I was
informed that they did
not have jurisdiction (later I learned that this was completely false). They referred me to the Denver office of the
FBI who informed me that FMI had committed Interstate Commerce Fraud
and Theft,
but as the amount was only $7,000, I should pursue them civilly or we
could
turn it over to a good collections agency.
I contracted a collections agency (and their
attorneys) to handle this
issue.
One year later, my company (sole
proprietorship) was charged
with forgery as FMI, after being hounded by the collection agency
(lawyers) and
contacted by the FBI, contacted Adams County claiming they had never
authorized
payments (no mention of the $7,000 debt still outstanding). I have a copy of our breached contract and a
copy of FMI’s first initial “physical” check (corresponding to their
online
payment for their first order), all of their purchase orders, our
invoices to
them, proofs of product delivery, and proof of their electronic
payments. I
also supplied proof of contact with all their clients that we
drop-shipped to
such as USA Today and Century Mortgage
which are
witnesses for my defense. In all, I had over 200 pages of documentation
and
electronic evidence, but Adams County refused to subpoena these
witnesses or to
admit the exculpatory evidence. The
“public pretender” they assigned, “Andrew ‘Gus’ Guarino”, lied to me on
multiple occasions and, since they would not subpoena my witnesses, I
decided
to fight it in appeals court and file charges on Mr. Guarino.
As of January 2004, as my appeal came
close, Adams County
told me they were going to revoke my probation due to “unstable
employment”
although I had been working the entire time and only had to shut down
my
company at their insistent in December of 2003. I then distributed
copies of my
exculpatory evidence (available upon request) to over 5,000 Coloradoans
including our U.S. Representatives and Senators. The very next morning,
I
received a call from Ms. Heather Fox with Representative Mark Udall’s
office
who, upon their reviewing my documentation, wanted to help by
forwarding the
information and their request for help to (then attorney general) Ken
Salazar’s
office. Little did I know that, by this
time, “Gus” Guarino held the position of “Executive Director of the
Colorado
Criminal Defense Bar.” To achieve this stature in such a short time is
an unbelievable
feat. This then makes him the top defense attorney in the state and he
meets
regularly with the Attorney General. Therefore, no defense attorney in
the
State of Colorado is without a conflict of interest in my case as all
of them
report to the very attorney who conspired with the D.A.s office to
violate my
rights to due process.
I have currently filed in the U.S.
District Court for 16
violations of due process against Adams County (42 U.S.C.A. §
1983), and
Conspiracy to withhold evidence and to violate due process rights and
proceeding with lack of jurisdiction (42 U.S.C.A. § 1985 – action
under 42
U.S.C.A. § 1986), and served the required legal notice on the
Colorado Attorney
General's office (you can contact them for verification).
I have no criminal history whatsoever
before or after this
incident and, God willing, my company and myself will be vindicated by
the U.S.
District Court. I am totally willing to
supply a CD with all the evidence discussed herein and discuss it with
anyone
who might require substantiation.
Respectfully submitted,
Gerald “Gerry” Donaldson
Postscript:
Since this period of time, a motion
was filed for
“Post-conviction Review” and my son contacted Adams County on two
different
occasions to add his own Affidavit showing that he personally delivered
all the
exculpatory evidence to Mr. Guarino and it was all accurate and
truthful
information, and to deliver copies of all correspondence between Mr.
Guarino
and myself. He was informed both times
that they were not going to hear this case and would not accept the
documentation from him. They then proceeded with the hearing without me
present
denying all allegations.
