3ABN & Danny Shelton
Gailon Joy & Robert Pickle
Plaintiff 3ABN's Requests for Production of Documents
and Things to Defendant Robert Pickle (First Set)
Document Requests Nos. 2
Request No. 2:
All documents, whether or not authored or created by You, related
to the subject matter of the instant dispute, including, but
not limited to, documents related to the operation and administration
of the Save3ABN.com website, documents related to the operation
and administration of 3ABN, and documents related to any action
or conduct of Danny Lee Shelton at issue in this litigation.
Response by Defendant Pickle: See auto-discovery materials.
We will highlight here one of the documents contained in the auto-discovery materials that
pertain to actions or conduct by Danny Lee Shelton, namely,
the published 2006 letter of
Dr. Arild Abrahamsen. This letter was published by Adventist Today on August 21, 2006.
Statements in response by both Danny Shelton and Walt Thompson appeared in the same publication.
Request No. 2:
All documents reviewed for or in preparation of, referred to
within, or relied upon for your Answers to Plaintiff 3ABN's Interrogatories
to Defendant Gailon Joy (Set One) served herewith.
Response by Defendant Pickle: We assume you must mean
"Request No. 3," not "Request No. 2." And certainly you must realize that Defendant Pickle
is not the one answering the Interrogatories you sent Gailon. He is planning on answering those himself.
See auto-discovery materials.
In this response we will highlight two documents (found in the auto-discovery materials)
used in our answer to
Interrogatory No. 8,
namely, the Opening
Appellant Brief and the Reply to
Opposition to the Appellant Brief. These two documents were filed by 3ABN for its appeal in its property tax
case. These particular documents are interesting in the claims they make of 3ABN being very much not
non-denominational in its affiliations and its message, contrary to the claims made in this case.
Also of interest in the Appellant
Brief is the claim, "No evidence exists of any
private inurement of Three Angels' revenue, whether in the form of royalty or other payment." What makes
such a claim of particular interest is that both
documents were signed by Attorney D. Michael Riva,
who prepared the paperwork whereby Danny (and Linda)
sold a house for $135,000 just one week after buying it from 3ABN for $6,139.
And that is not all we glean from the
"Indeed, the testimony of both the internal treasurer, Larry
Ewing was that there was no personal inurement of Three Angels
revenue to private persons. This also was the conclusion of the
testimony of Three Angels' independent, external auditor, Alan
Lovejoy, of Gray, Hunter, & Stenn, LLP, as it would be a violation
of basic not-for-profit corporation standards." Gray, Hunter, & Stenn not only audits 3ABN's financial
statements but also has prepared Danny Shelton's tax returns for at least 2001-2003. Note 14 in
2003 Financial Statement reports that 3ABN purchased $73,112.50 worth of product from D & L (presumably, Danny
& Linda) Publishing. Note 14 in 3ABN's
2004 Financial Statement reports that 3ABN bought $44,724 worth
of product from D & L Publishing, and $35,000 worth of product from DLS (presumably, Danny Lee Shelton)
Publishing. Note 14 in 3ABN's 2005 Financial
Statement, after the property tax case presumably made it apparent
that such things had to be arranged differently, does not list DLS Publishing at all. Instead it states,
"The Organization periodically purchases books which are authored by a member of management. The books
are purchased from the publisher for giveaway or for a suggested donation. For the year ending
December 31, 2005, purchases of these books totaled $82,712.43. Royalties are paid by the publisher
to the author."
It is interesting to consider how Larry Ewing, the one presumably ultimately responsible
for preparing 3ABN's financial statements, and Alan Lovejoy, representative of the firm that audits
those statements, and that has prepared Danny Shelton's tax returns which report his sales of
books to 3ABN, would both testify in a court of law "that there was no personal inurement of Three Angels'
revenue to private persons."