July 17, 2001





v. Index No. 00603429





I, Al Giordano, being duly sworn, depose and say:

1. The Banamex complaint exhibits with my allegedly defamatory statements are not complete because: (a) they do not indicate the placement of "links" to the recited supporting information upon which my protected opinion is based, and (b) only some of the Narco News Bulletin articles are appended. Therefore, the context in which the statements were made is lacking.

2. In Internet parlance, a "link" is an underlined set of words on an image that when the user places his "cursor" over that spot on the page, the cursor (usually an arrow) converts to another symbol (usually a pointing hand) indicating that the "link" may be clicked to bring the reader to a new page where the important background information appears.

3. There are scores of such links throughout the allegedly defamatory statements cited in the Banamex complaint, and hundreds throughout the work Narco News Bulletin as a whole.

4. I am submitting a complete set of all the articles and columns from www.narconews.com (with all the links which were omitted from the Banamex exhibits) to the court for the relevant time period between the first date of Narco News Bulletin's publication--April 18, 2000--and the date that Banamex filed suit on August 9, 2000. The complete work is attached as Exhibit A.

5. There are 82 "web pages" (or articles) containing commentary (not including the front page, links or letters pages) in Exhibit A.

6. Exhibit A provides the full context of the statements alleged to be defamatory by Banamex (Banamex complaint, Exhibits B through I).

7. It is only by reviewing Exhibit A that the Court will be able to understand the links. The most important were repeated links to the newspaper Por Esto! (as well as El Universal, La Jornada and other major Mexican dailies), repeated links to my May 1999 Boston Phoenix article (Giordano Affidavit filed with memorandum in support of motion to dismiss, Exhibit C), and links to other documents, such as the periodical Money Laundering Alert, that provided the supporting information that would allow the reader to view the facts upon which I based my opinions and make his or her own decision.

8. It is necessary to review Exhibit A to appreciate the "full context" of the allegedly defamatory statements on Narco News Bulletin, as well as to see how I disclosed the information upon which my protected opinions were based.

9. The exhibits to the Banamex complaint do contain copies of graphic images--such as a photo of cocaine seized on the properties of Roberto Hernandez--that do not appear in Exhibit A. Thus the Court should use both sets of exhibits in tandem to gain a full understanding and context of the statements in question.

10. The full context will reveal that the entire work named Narco News Bulletin is a work of argument and opinion about the war on drugs in Latin America and, that for the relevant time period, the majority of the work is about Mexico.

11. The "Opening Statement" of Narco News Bulletin (Exhibit A, "The Mexico Papers," pp. 8-12) clearly states that the work "does not claim objectivity," but is argument and opinion.

12. The articles concerning Roberto Hernandez were written after I had conducted interviews with individuals the majority of whom reside in Mexico. These include but are not limited to Por Esto! reporters and individuals familiar with Mario Menendez and his credibility. These individuals corroborated the Por Esto! stories and Mr. Menendez's credibility.

13. The Narco News Bulletin website indicates that its publisher--I, Al Giordano--"collaborates" with the Lindesmith Center. That collaboration has consisted of work, unrelated to Narco News Bulletin or to this lawsuit, for that organization. Narco News Bulletin has never had any relationship with the Lindesmith Center.

14. Shortly after first publishing Narco News Bulletin, in April 2000, I received an invitation to "affiliate" Narco News Bulletin with The Media Channel. There are, today, more than 600 affiliates of The Media Channel, including 78 from Great Britain, 123 from the rest of Europe, 41 from Asia, 30 from Canada, 23 from Africa and 14 from Latin America.

15. No financial or other relationship exists as a result of the affiliation with The Media Channel. The affiliation consists simply of a link to that website and represents a show of support for independent media.

16. Although a fundraising solicitation appeared on the links page of Narco News for LiveArt1st, LiveArt1st did not receive any funds from New York or any other place as a result of that solicitation from the date Narco News Bulletin first began publishing to the date of the filing of the lawsuit.

17. During the entire relevant time period, my data center, or host server, was located in Maryland.

18. I have lived in Mexico legally, pursuant to visas, since September 1998.

Dated: July 12, 2001 ___________________________
Al Giordano

This affidavit is in support of:

Round Two: Joint Memorandum By Narco News Bulletin and Al Giordano

"Second Affidavit by Al Giordano"

"Third Affidavit by Al Giordano"

Affidavit by Raj Dutt of Voxel.net

And a New Exhibit:

"The Mexico Papers," by Al Giordano

This memorandum and accompanying exhibits are offered to the Court in support of:

Motion to Dismiss by The Narco News Bulletin

Motion to Dismiss by Al Giordano

Which were filed together in April 2000 with:

Affidavit by Al Giordano

Affidavit by Al Giordano With Respect to Narco News Bulletin

Affidavit by Karen Thatcher concerning Banamex "Agency" in New York

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Opinions Based on Disclosed Facts