April 24, 2001
IN THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BANCO NACIONAL de MÉXICO, S.A.
Index No. 00603429
MARIO RENATO MENÉNDEZ RODRIGUEZ,
AL GIORDANO, and
THE NARCO NEWS BULLETIN,
AFFIDAVIT OF AL GIORDANO
Al Giordano, being duly sworn depose and say:
1. I am a freelance reporter.
2. I have no office in New York.
3. I have no employees or agents in New York or elsewhere.
4. I do not have any access to the use of any real property
in New York.
5. Narco News Bulletin has no regular source of support.
6. If this case were allowed to proceed in New York state,
it would be extremely difficult for me to adequately represent
myself, given the following facts:
(a) I do not have sufficient funds to hire counsel.
(b) I have been forced to represent myself.
(c) I would have to travel from Mexico to New York to attend
depositions, court conferences and other proceedings in the case.
In doing so, I would incur significant expenses which I cannot
afford (including air fare, lodging and meal costs).
(d) To the best of my knowledge none of the witnesses with
information in this case live in New York.
(e) To the best of my knowledge all of the witnesses who
have information in this case live in Mexico.
(f) None of the documents relevant to the case are in New
(g) None of the evidence relevant to the case is in New York.
8. The primary witnesses and persons to be deposed in this
case will be Mexican nationals. I do not know if they will be
subject to subpoena for this New York proceeding.
9. The following paragraph was posted on the website www.narconews.com
during the relevant time period:
The Narco News Bulletin works to tell the truth. We call
it as we see it. Yet we are conscious that it's our truth. The
whole truth can only be constructed by the participation of the
people. Thus, we strive to work together, to collaborate, with
your truth and the truths of others, "To make a bigger truth."
We invite your comments, corrections, criticisms, news
tips and participation (as well as your nominations for Narco-of-the-Month
and Hero-of-the-Month). We especially seek volunteer translators
to make this site available in Spanish, Portuguese, French and
other languages. Narco News accepts letters from our readers.
Contact us with your truth at: email@example.com.
10. A review of the audiotape of the broadcast indicates:
(a) The WBAI interview lasted for approximately two hours.
It began at 1:30 A.M. An audiotape of the interview received
from WBAI is attached as Exhibit A.
(b) The topics covered during the WBAI interview included:
United States drug policy, Mexican drug policy, ethics in the
media, freedom of the press, prosecution of the press, the biography
of Mario Menendez, official governmental corruption and presidents
of the United States and Mexico.
(c) The comments made at Columbia Law School took place during
a panel discussion. The panelists were Judge Jerome W. Marks,
retired New York state Supreme Court justice; Anthony Papa, artist
and former prisoner under Rockefeller drug laws; Mario Menendez;
Winifred Tate, analyst, Washington Office on Latin America (WOLA).
I was the moderator. The topics discussed included: the Rockefeller
drug laws, Plan Columbia, organized crime, government corruption
and legalization of drugs. The videotape of the panel discussion
taken by the Menendez family is attached as Exhibit B. (The last
portion of the panel discussion is not included because the tape
ended before it finished.)
11. I have reviewed Exhibits A and B. The facts set forth
in the Facts section of my memorandum in support of my motion
to dismiss are based on my review of those exhibits and are true
as to what is depicted and contained therein.
12. In May 1999, I had written an article published in the
Boston Phoenix on May 14, 1999 which discussed the same allegedly
defamatory facts that I discussed in New York in March 2000.
A true and accurate copy of the article is attached as Exhibit
13. During my talks at Columbia and on WBAI, I did not mention
www.narconews.com, Narco News Bulletin.
14. I made no attempt to raise money for the website during
my trip to New York.
Dated: April 24, 2001
This affidavit and accompanying
exhibits are offered to the Court in support of:
And are filed together
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