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Affidavit

THIS INSTRUMENT HEREBY ACKNOWLEDGES that the undersigned, Robin C. McDermott, ("affiant"), residing at 1601 North Waverly, Springfield Missouri 65802, is of legal age, and does hereby swear and affirm that the following is true and accurate, to the best of her knowledge, under penalty of perjury:

That I, Robin C. McDermott, was present in the court of the 37th Judicial Circuit Court, Howell County, Judge R. Jack Garrett, on the 21st day of September 1998 at about 13:00 hours until the case of Martin V. State of Missouri was called. Motions were heard and the Court did continue said case to the 5th day of October 1998. I being present on said date at said time can state as truth that:

  1. Motions were heard by the Court
  2. Motions were presented by the State, in the form of a Motion to Dismiss.
  3. The Honorable Court did state in open court that the court was to go on the record.
  4. That the Court Reporter did place her mask to her face and did look as though she was speaking into said mask.
  5. I was in the company of Lee Allen Martin, Plaintiff, and one Robert Lee Martin as well as other spectators and litigants.
  6. The Honorable Court did not call the case of Martin V. State of Missouri until late in the afternoon because the attorney for the state, Rizwan Ahad, was not available.
  7. I do recall this because the Plaintiff, Lee Allen Martin, did make a comment that was unforgettable in that he requested that the Honorable R. Jack Garrett take control of his courtroom. The unforgettable facts were that the prosecuting attorney, Michel P. Hutchings, and a defense attorney were carrying on a loud conversation directly behind and in close proximity to the plaintiff while the aforementioned motions were being discussed and ruled upon. The plaintiff, Lee Allen Martin, did object to the interruptions and requested that the Judge take control of his court, to the Judges obvious annoyance.
  8. I am of sound mind, and of high moral character.
  9. I have not been coached or coerced in any way concerning this testimony and affidavit.

That I, Robin C. McDermott, was present in the court of the 37th Judicial Circuit Court, Howell County, Judge R. Jack Garrett, on the 1st day of March 1999 at about 13:00 hours until the case of Martin V. State of Missouri was called. Plaintiff’s Motion for Re-taxation of Cost and Motion for Nunc Pro Tunc Motion to Correct Court Record were heard. The Court did overrule said motions, summarily. I being present on said date at said time can state as truth that:

1) Motions were heard by the Court

  1. Motions were presented by the Plaintiff, in the form of a Motion for Re-taxation of Costs and Motion for Nunc Pro Tunc Order to Correct the Court Record.
  2. I was in the company of Lee Allen Martin, Plaintiff, as well as other spectators and litigants.
  3. I do recall this because the Plaintiff, Lee Allen Martin, did make a request before the court that the trial court refused to hear the merits of.
  4. I am of sound mind, and of high moral character.
  5. I have not been coached or coerced in any way concerning this testimony and affidavit.

Signed to this ____________________ day of April 1999.

_______________________________________

Signature of Affiant

_______________________________________

Print Name of Affiant

_______________________________________

_______________________________________

_______________________________________

Address

STATE OF _____________________

COUNTY OF ____________________

In _______________, on the _____________ day of ____________, 19___, before me, a Notary Public in and for the above state and

County personally appeared _____________________________________________, known to me or proved to be the person named In and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed.

Type of ID Produced: _________________________

Affiant __ is __ is not personally known to me

_______________________________

NOTARY PUBLIC

My Commission Expires: ________

(SEAL)

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