Case 2:11-cv-03695-RDP-TMP Document 187-21 Filed 03/05/15 Page 1 of 4

FILED

2015 Mar-05 PM 07:08

U.S. DISTRICT COURT
N.D. OF ALABAMA

EXHIBIT 21
FILED WITH REDACTIONS
PURSUANT TO PROTECTIVE
ORDER (DOC. 127)

Case 2:11-cv-03695-RDP-TMP Document 187-21 Filed 03/05/15 Page 2 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
)
)
)
Plaintiff,
)
)
v.
)
)
TERRENCE P. COLLINGSWORTH, et al., )
)
Defendants.
)
DRUMMOND COMPANY, INC.,

Case No 2:11-cv-3695-RDP

DECLARATION OF TERRENCE P. COLLINGSWORTH IN OPPOSITION TO

DRUMMONDS RENEWED MOTION FOR SANCTIONS
I, Terrence P. Collingsworth, declare as follows:
1.

I am a partner at Conrad & Scherer, LLP. I am also a defendant in the present

libel case, Drummond Co., Inc. v. Collingsworth, et al., No. 2:11-cv-3695-RDP (N.D. Ala.). I
provide this declaration based on my personal knowledge and can testify under oath to all of the
facts herein.
2.

I have been an attorney, and have been proud to be one, for 32 years. Virtually

all of my work has been in the area of human rights where I have strived to help people who
have been severely injured by violations of international human rights norms. I am profoundly
sorry for what has occurred and I apologize to the Court for any errors I have committed. I want
to personally assure Your Honor that I never meant to deceive you or to show any disrespect to
the Court.
3.

As I think about my statements made in court at the hearing in April 2014, I am at

a loss to provide an adequate explanation. There simply is none.

!"
"
FILED WITH REDACTIONS UNDER PROTECTIVE ORDER

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4.

I have made a diligent effort to fix these problems after this Courts October 15,

2014 order made crystal clear that the issues of payments relating to witness protection is
intended to be extremely broad, as the definitions of witness and payment show.
5.

That said, I will provide you some observations that may assist the Court in

determining how to handle this situation.

6.

The Court can determine to what extent these justify or do not justify the

statements, in the particular context in which they were made.

That would include the extreme

difficulties of protecting witnesses against threats to their lives, and my desire to get to the truth
about Drummond.
7.

I apologize and promise to be very careful not to let this happen again.

8.

At the April 21, 2014 hearing on Drummonds motion for sanctions, the Court

asked my counsel, Bradley Smith, questions about security payments to witnesses.

9.

I stood up and volunteered to answer the Courts questions, even though I was not

expecting to make any statements at the hearing. While I was familiar with the documents at
issue in Drummonds motion, I had not reviewed the factual record of the case, including all
discovery requests and objections, prior to the hearing.
10.

My statements to the Court regarding security payments were inaccurate and they

were wrong.
11.

When the Court asked about security payments for families of witnesses who had

testified in Balcero, I responded that we were assisting or had assisted the families of Libardo
Duarte, Jose Gelvez Albarracin, and Jairo Jesus Charris Castro because they had received
serious, credible threats of death. I was very familiar with the facts of security for these
witnesses because I had personally been involved in setting it up.

#"
"
FILED WITH REDACTIONS UNDER PROTECTIVE ORDER

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12.

When the Court asked me whether the three witnesses I identified were the only

ones who had received security payments, I responded, Thats correct. This statement was not
accurate.
13.

14.

Further, I was speaking in open court with counsel for Drummond present and a

court reporter making a record of my statements.

15.

In the months that followed the hearing, I was swamped with work in other cases.

I declare under penalty of perjury that the foregoing is true and correct.

Terrence P. Collingsworth
Executed on this 5th day of March, 2015.

$"
"
FILED WITH REDACTIONS UNDER PROTECTIVE ORDER