Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 47-5

Filed 11/02/2005

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EXHIBIT 3 AFFIDAVIT OF WILLIAM DURLAND

William Durland swears or affirms, after first being duly sworn, that his statement set forth below is true and correct to the best of his information and belief. 1. I am not nor have I ever been an official member of Citizens for Peace in Space, for it has no official members, membership lists, or dues, in order to qualify as such.. 2. I have attended meetings and demonstrations organized and/or attended by numerous groups in Colorado Springs, both as a human and civil rights attorney and as a private person. As a citizen and a lawyer I am deeply committed to the constitutional and international rule of law and specialize in these areas of the law. I have also been published in the area ­ William Penn, James Madison and the Historical Crisis in American Federalism, Mellen Press, 2004, for example. I exercise my right of freedom of religion, expression and speech whenever called to do so. I consider it my right to do so nonviolently without becoming suspect in any way. 3. I espouse the views of whatever organization coincides with my own and not the other way around. I have been active in numerous public organizations in Colorado Springs such as the Religious Society of Friends, the Catholic Worker Movement, the Christian Peacemaker teams, political parties and NGOs such as the Pikes Peak Justice and Peace Commission and CPIS. The list could go on. The demonstration in question of October 7 to 9, 2003 was not "organized" by CPIS but by many groups and attended by people from all over Colorado. 4. I have been in contact during the Hildenbrandt case with several attorneys who might advise me in this matter gratuitously. I am a sole partner and can use all the help I can get

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Case 1:04-cv-01126-MJW-PAC

Document 47-5

Filed 11/02/2005

Page 2 of 2

from the legal and other professions. Edward Ramey is one of those attorneys with whom I have spoken about my cases. He has spoken to me about his cases as well. Included in those cases are the CPIS and the Hildenbrandt cases and other cases. I have also spoken to other attorneys about these cases. 5. I attended two hours of the CPIS trial with my wife on July 6, 2005. I have, in the past attended many trials over the 46 years of practice which might be of help in my preparing for my own cases. I believe Mr. Hildenbrandt was also at the trial some of the time, sitting with his children, but not with my wife and me. 6. I received a J.D. degree from Georgetown University Law Center in 1959. If the above activities and experiences prove the elements of the doctrines of res judicata, collateral estoppel or privity, I must have attended the wrong law school. FURTHER AFFIANT SAYETH NOT. s/William Durland William Durland 516 W. Pikes Peak Ave. Colorado Springs, CO 80905 719-635-8686 STATE OF COLORADO COUNTRY OF EL PASO ) ) )

SWORN TO AND SUBSCRIBED by William Durland, this 31st day of October. WITNESS my hand and official seal My commission expires: August 28, 2008.

s/Sandra Dowda Notary Public Address: 431 W. Bijou Colorado Springs, CO 80905

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