Case No. 1120465
IN THE SUPREME COURT OF ALABAMA
HUGH MCINNISH, et al.,
Carl Gallups posted Mike Zullo's sworn affidavit for an appeal in Alabama @
I have also posted the primary contents here as a guest blog feature. In order to make it fit the blog, I did have to move the margins around manually a bit. -- Thanks.
BETH CHAPMAN, SECRETARY OF STATE, et al.
APPEAL FROM THE
CIRCUIT COURT OF MONTGOMERY COUNTY
AFFIDAVIT OF MICHAEL ZULLO
L. Dean Johnson
L. DEAN JOHNSON, P.C.
4030 Balmoral Dr., Suite B
Huntsville, AL 35801
KLAYMAN LAW FIRM
2020 Pennsylvania Ave, NW
Washington, D.C. 20006
Attorneys for Appellants
Affidavit of MiCHAEL ZULLO
My name is Michael Zullo, I am a citizen over 18 years of age and a resident of Arizona. The information contained in the affidavit is based on my personal knowledge and if called as a witness, I could testify completely thereto. I am a former sworn law enforcement office/criminal investigator and currently appointed by the elected Sheriff of Maricopa County, Joseph M. Arpaio as the commander of his Cold Case Posse and serving in this capacity as the chief investigator commissioned to investigate the allegations brought to his attention that President Obama’s identity documents were forged. I hereby swear, to the best of my knowledge and belief, as follows:
1. In August 2011, some 250 citizens of Maricopa County, Arizona, petitioned Maricopa County Sheriff Joseph Arpaio to investigate allegations that President Obama’s identity documents were forged. They further alleged that by endorsing the forgeries, Mr. Obama had raised questions about his constitutional eligibility to hold the office of President.
2. The Maricopa County Sheriff’s Office is an Arizona State Certified Law Enforcement Agency, Headquartered in Phoenix Arizona. Maricopa County is the fourth largest county in the United States, and has a total area of 9,224 square miles. And has a population of over four million. Deputy Sheriffs of the MCSO are delegated their law enforcement authority by the Maricopa County Sheriff.
3. Sheriff Joseph M. Arpaio became Sheriff in 1992 and has been reelected to an unprecedented sixth term in office. He began his career as a federal narcotics agent infiltrating drug organizations from Turkey to the Middle East to Mexico, Central, and South America to cities around the U.S.
4. His expertise and success led him to top management positions around the world with the U.S. Drug Enforcement Administration (DEA). He concluded his remarkable federal career as head of the DEA for Arizona. Arpaio has over five decades experience in law enforcement.
5. The Maricopa County Cold Case Posse
6. Under the Arizona Constitution and Arizona Revised Statutes, the elected Sheriff of Maricopa County has the authority to request assistance from a volunteer posse to assist the Sheriff in the execution of his duties, working under law enforcement authority of the Maricopa County Sheriff.
7. Upon activation by the Maricopa County Sheriff, certified Posse members are empowered to act as if the Sheriff himself were present when called upon to do so. Posse members of the MCSO are delegated their law enforcement authority by the Maricopa County Sheriff.
8. Under that activation Sheriff Arpaio granted fully law enforcement authority of the Maricopa County Sheriff’s Office to conduct this investigation and to report back to the Sheriff our findings for his ultimate dispensation.
9. In October of 2006, Sheriff Arpaio ordered the creation of the MCSO Cold Case Posse (CCP). At his personal request I accepted appointment as commander of this unit. I have served in this capacity for the last seven years.
10. The purpose of the CCP was to assist Maricopa County Sheriff’s Office in investigations including active and Cold Case Homicides. Since its inception, the CCP has been placed under the guidance and control of The General Investigation Division.
11. The MCSO Cold Case Posse consists of hand selected individuals with diverse skills consisting of professional experiences in conducting investigations, including individuals with backgrounds in Law Enforcement, Insurance Fraud Investigations, Military Service, Physicians, Computer Information Systems, Corporate CEO’s, as well as attorneys who have participated in criminal and or civil litigation.
12. Sheriff Arpaio referred the complaint to his Cold Case Posse, directing myself as Lead Investigator to review the evidence, to determine whether and to what extent the complaint had merit, to investigate further in due course as necessary, and to report directly to Sheriff Arpaio.
13. A five-member team of experienced investigators was expressly selected. It included former police detectives and attorneys (whom have received additional investigational training by Maricopa County Sheriff’s Office) who worked voluntarily and at virtually no expense to the taxpayer.
Investigation of the Complaint
14. Sheriff Arpaio referred the complaint to his Cold Case Posse, directing myself as Lead Investigator to review the evidence, and to determine whether and to what extent the complaint had merit. We were to investigate further as necessary, and report to Sheriff Arpaio. Sheriff Arpaio expressed that it was his goal to clear the document as authentic and move the country forward. He also required that the investigation be thorough and absent of any political ideologies, and that it be performed with the utmost care and diligence.
15. At the Sheriff’s direction, the principal focus of the investigation was the electronic document or computer image on the White House website that President Obama had presented as an authentic image of his long-form birth certificate to the American people and to citizens of Maricopa County at a White House press conference on April 27, 2011, when he had said, “We provided additional information today about the site of my birth...yes, in fact, I was born in Hawaii, August 4, 1961, in Kapiolani Hospital.”
16. The investigators were also directed to review all background documentation provided by the petitioners in relation to their complaint, and to consider all other information obtained or developed during the normal course of the investigation.
17. The petitioners suggested that the Sheriff’s Office should start by contacting Dr. Jerome Corsi, an investigative journalist who had written a book in search of Mr. Obama’s original birth certificate document and had amassed a substantial body of evidence. Dr. Jerome Corsi was unknown to the investigators prior to this investigation. Subsequently, we spent 16 hours interviewing Dr. Corsi, who agreed to turn over to us for review all of the information he had on file.
18. At the conclusion of Dr. Corsi’s interview I determined that Dr. Corsi’s work, (with the exception of a copy of the down loaded .pdf file released by the White House on April 27, 2011) was to be treated as “investigational information” only and not to be considered as evidence.
19. The basis for this decision was due in part to the fact that some of the information presented by Dr. Corsi was a compilation of research performed by other individuals. In addition Dr. Corsi was in communication with these individuals prior to meeting with us and these individuals were yet unknown to our investigators.
20. To preserve the independence and integrity of our investigation Dr. Corsi’s information would be utilized as investigative background information only. Dr. Corsi worked closely with our investigation as an informational source until July 2012.
21. Dr. Corsi suggested that we should contact a nationally recognized computer expert, Mara Zebest, who has served as a contributing author and technical editor for more than 100 books on Adobe and Microsoft software. Ms. Zebest was contacted and invited to participate in a two-day investigational meeting, to which we invited five other participants: investigators, attorneys, and professionals in computerized graphic design, IT professionals, and a physician. None had any prior familiarity with the White House computer image document.
22. During that meeting, all aspects of the document were examined with the intention of attempting to disprove the allegation that the document had been fabricated. This included a review of the work of an author by the name of John Woodman. John Woodman, a struggling, self-described computer expert, had authored a book putting forth explanations on how computer software automatically caused the anomalies contained in the White House document. Mr. Woodman’s work had been cited vigorously by numerous media outlets attempting to disqualify allegations suggesting that the .pdf document offered by Mr. Obama was anything but authentic.
23. The theories set forth in Mr. Woodman's book were thoroughly tested by investigators and found to be nothing more than pure speculation and supposition. The investigators concluded Mr. Woodman's work was nothing more than conjecture without any evidentiary proof that his theories could be supported.
24. When investigators put his theories into practical application, they could not successfully reproduce any of the anomalies found in the White House document by automated computerized process. Therefore Mr. Woodman's work was dismissed as irrelevant and offering zero evidentiary value.
25. At the end of the two-day event, all investigational information concerning the .pdf file was presented was intensely tested and deliberated.
26. All in attendance agreed unanimously that the White House computer image .pdf file contained anomalies that were unexplainable unless the document had been fabricated piecemeal by human intervention, rather than being copied from a genuine paper document. This conclusion also served to contradict the alleged chain of events surrounding the production of the document, as put forth by the White House and the Hawaii Department of Health.
27. Investigational findings thus far were reported back to Sheriff Arpaio. Having informed Sheriff Arpaio that the document appeared to be a fabricated forgery and that violation of Arizona criminal statutes and federal statutes may have taken place, it would be essential to continue the investigation. Sheriff Arpaio agreed and investigators began to pursue further investigation of the .pdf file and related events surrounding the creation of the document.
28. This serves as an outline of our work, preliminary results, and preliminary conclusions to date. As of the date of this report, this investigation remains open and ongoing and additional forensic evidence continues to be uncovered further validating the original investigational findings.
29. Investigators studied Mr. Obama’s “short-form” Hawaiian birth certificate that became public in 2008; the “long-form” certificate endorsed by Mr. Obama at a White House press conference on April 27, 2011, and then posted as an electronic computer image at www.whitehouse.gov (no physical document was produced); and the selective service registration card allegedly signed by Mr. Obama on July 30, 1980.
30. We interviewed several persons, consulted many experts, tested and evaluated computer evidence using related software. In early in 2012, I informed Sheriff Arpaio of our preliminary findings. I reported that after extensive examination of the electronic document, the computer image released by the White House on April 27, 2011, and examination of Mr. Obama’s Selective Service registration card, that we believed there was probable cause to suspect Mr. Obama’s identity documents were in- fact forged.
31. The Sheriff held a press conference on March 1, 2012, to announce the findings that investigators had concluded that the document released on April 27, 2011, by the White House of Mr. Obama’s long form birth certificate was a computer generated fraud created exclusively by human intervention and not by the actions of random computerization. The press conference served to attract further evidence, and to give us an opportunity to present an outline of our reasons.
32. On March 1, 2012, Sheriff Arpaio held a press conference during which he and I presented an outline of those aspects of the investigation that would not compromise the safety of witnesses or the integrity and future course of the investigation.
33. At that time, we announced that we had concluded that there was probable cause that forgery and fraud had been committed in respect of two documents: 1) the long-form or original birth certificate computer image presented by Mr., Obama, which contained multiple errors and anomalies, many of them serious and: 2) the selective-service document for Mr. Obama, which contained a two-digit year-stamp. This was contrary to specifications issued by federal regulation to the effect that the year of issue should be expressed as four digits on the stamp, and also contrary to any other selective-service registration document that we had been able to examine.
34. I visited Hawaii twice and continued our investigation. After further in-depth computerized testing and discovering additional information, we concluded in mid-2012 that Mr. Obama’s identity documents were not only forged beyond the legal standard of probable cause, but due to loop holes in the state of Hawaii’s vital statistics reporting laws, there was the distinct evidence suggesting that Hawaii’s statutes appeared to be in conflict with federal immigration law and posed an independent threat to the national security of the United States.