Larry Ewing's Affidavit in Favor of Permanently Sealing the Lawsuit

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Larry Ewing is 3ABN's Chief Financial Officer. On this page you will find his affidavit in favor of 3ABN's attempt to permanently impound the lawsuit so that no one would ever know what Gailon Joy and Bob Pickle were being sued for. First, a few notes and observations.

Ewing's Basic Reasoning

The basic reasoning Ewing uses in his affidavit is that 3ABN is being hurt financially, and that if the suit is not permanently sealed, 3ABN will be hurt even more when Save3ABN.com publishes documents pertaining to the lawsuit. To support such a contention Ewing provides the percentage of change in donations for each month in 2006 as compared to the same month in 2005. Yet he omits the following key data:

• Any concrete data pertaining to 2007, and thus any concrete data relating to how Save3ABN.com, which did not launch until January 2007, has affected donations.
• Any actual amounts of dollars collected for any month in 2006, and thus no real way for determining what the given percentages really mean.
• Any clarifying data that would explain increases or decreases, other than for May 2006 in footnote 1, where Ewing explains how a land donation in 2005 significantly skewed the numbers.

It is thus difficult to know exactly what the financial losses are that Save3ABN.com is allegedly the cause of.

Danny Shelton: "2006 Was Our Best year Financially"

Bear in mind what 3ABN president Danny Shelton wrote on December 6, 2006:

-------- Original Message -------- From:  Danny Shelton To:  Bob CC:  Walt Thompson Subject:  RE: Truce? Date:  Wed, 6 Dec 2006 23:18:59 -0600 Bob, ... 3ABN has always had check and balances. Our financial records are in perfect order. We have nothing to hide. ... ... This has been our best year ever financially. Our wills and trust department has brought in more money this year than ever before also.

The Problem of Skewed Numbers

Ewing shows significant gains from January through June, yet he fails to mention to the Court that 3ABN conducted a mammoth fund raising drive for Ten Commandments Weekend, a drive that led to the distribution of nearly 5 million copies of Danny Shelton and Shelley Quinn's book, Ten Commandments Twice Removed. The donations received to cover the purchase and distribution of these books would reasonably be expected to have skewed the January through June 2006 increases that Ewing notes.

Another possible factor that could have skewed the figures overall is Danny Shelton's remarriage in March 2006 to a woman more than 20 years his junior, just days after Linda's contesting of their quickie Guam divorce proved unsuccessful. Public dissatisfaction with that remarriage would not be so noticeable until the effects of the Ten Commandments Weekend fund raising drive wore off.

Ewing's Contradictions

And then there are a number of contradictions in Ewing's affidavit, either internal contradictions or contradictions with the facts.

Internet Onslaught Began in July 2006?

In actuality, discussion on the internet regarding Danny's quickie divorce began in the summer of 2004, and the Televangelist document was first published in 2005, and was being discussed on BlackSDA.com by May 7, 2006. Allusions to the child molestation allegations against Tommy Shelton can be traced at least back to April 2006.

Thus it is unclear why July 2006 was chosen as the beginning of the internet onslaught, unless it be because it was in early July 2006 that Linda's daughter issued a signed, confidential statement alleging sexual assault by Danny against her. But that statement was not published on the internet at that time.

Donation Slide Began Before Internet Onslaught?

While Ewing states that the slide in donations began in June 2006, he says that the onslaught of criticism began in July 2006. If that really be the case, then why does Ewing blame the slide in donations on the internet?

While the Donation Slide Began in June, It Really Began in July?

Ewing emphatically states that things were fine through May 2006, and then a "sharp decrease in donations" started in June. But then he goes on to say and to show that everything was fine through June, and that the sharp decrease began in July. Why did he first say the decline began in June and then changed to July?

Donation Slide Began Before Joy and Pickle Were Involved?

It is well documented that Gailon Joy and Bob Pickle began their investigations in earnest in mid-August 2006. Now if the donation decline really did start in June or July before they got actively involved, why are they the ones being sued?

Donation Slide Began in October?

When we look at the actual data Ewing gives, it is quite clear that from July through September 2006 3ABN was maintaining the status quo, fluctuating between a 4.93% loss and a 4.01% gain over 2005. Not till October do we see an actual percentage decline that would have been definitely noticeable.

Larry Ewing's Affidavit

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Three Angels Broadcasting Network, Inc., an Illinois non-profit corporation, and Danny Lee Shelton, individually, Plaintiffs, v. Gailon Arthur Joy and Robert Pickle, Defendants.   Case No. 07-40098 FDS AFFIDAVIT OF LARRY EWING STATE OF ILLINOIS ) ) FRANKLIN, ss. ) Larry Ewing, being first duly sworn upon oath, deposes and states as follows:   1. I am a Certified Public Accountant and the Chief Financial Officer and elected Treasurer for the non-profit corporation Three Angels Broadcasting Network ("3ABN"), duly organized in the state of Illinois. I have worked in the employ of 3ABN since January of 2002. Through the duration of my tenure, I have overseen the 3ABN Finance Department, prepared 990 Forms and other corporate registrations for 3ABN. For the fiscal years of 2001 through the present, I have always been involved in some manner with preparation of 3ABN financial statements, balance sheets and revenue statements to prepare for Board meetings, end-of-year budget planning, company audits, [page 2] and preliminary assessment and analysis of the Company's revenue and liabilities on annual and per-month bases.   2. To prepare 3ABN's 990 Forms, I review its general ledgers, balance sheets, revenue statements, and other internal accounting documentation, which collectively aid in reporting 3ABN's revenue from donations and, to a much lesser extent, product sales.   3. While I am not a member of the 3ABN Board, I do attend board meetings and work closely with 3ABN management. Through these interactions, I was made aware that certain Internet sites began chat-group discussions that contained damaging commentary about 3ABN and Danny Shelton, commencing on or around July of 2006. Management has continued to keep me aware of Internet activity of this type, including the creation of the website www.save3abn.com, which was created by Defendant Gailon Arthur Joy in January of 2007.   4. Every month, I chart the donations received by 3ABN in dollars to provide a comparison of donor activity to similar months of previous years and to estimate and track 3ABN's income on an ongoing basis. In general, review of this data has indicated a gradual increase in donations with each passing year. In contrast, and more narrowly, review of this data also indicates an overall pattern of significantly increased donations in dollars for the time period of January 2006 through May 2006, with a sharp decrease in donations from June 2006 onward. A more specific breakdown of this pattern is set forth by the following affidavit testimony.   5. From January 2006 through June 2006, 3ABN experienced an approximate 48.78% increase in the dollars received in donations, as compared to the [page 3] baseline levels of donations received by 3ABN for the same period of time for calendar year 2005. Specifically, I have noted the following approximate increases: +43.57 % in January 2006 (compared to January 2005) +6.53 % in February 2006 (compared to February 2005) +66.84 % in March 2006 (compared to March 2005) +127.58 % in April 2006 (compared to April 2005) +1.23 % in May 2006 (compared to May 2005)1 +63.74 % in June 2006 (compared to June 2005).   6. Beginning around July of 2006 and continuing through December of 2006, 3ABN donations experienced an approximate overall -17.85 % decrease in the dollars received in donations. Specifically, I noted the following patterns: +2.74 % in July 2006 (compared to July 2005) -4.93% in August 2006 (compared to August 2005) +4.01 % in September 2006 (compared to September 2005) -40.48 % in October 2006 (compared to October 2005) -13.21 % in November 2006 (compared to November 2005) -30.74% in December 2006 (compared to December 2005).   7. In general, donations received during the month of December tend to present a statistical outlier of heightened donations in any given year. This typical year-end pattern is generally attributed to the occurrence of the Christmas holiday in December, inspiring a heightened sense of giving, in conjunction with a natural incentive 1 The smaller increase in donations in May of 2006 was due to 3ABN's receipt of a sizeable land donation in May of 2005, which was difficult to exceed in 2006. Were it not for that particular May 2005 donation, the May 2006 donations would have likewise demonstrated a significant increase from May 2005. [page 4] to donate at year-end for tax-reporting purposes. However, December of 2006 did not yield the greatest per-month donations in dollars in comparison to the other months in 2006. In addition, December 2006 was down 30.74% from the donations 3ABN received in December 2005.   8. The downturn in contributions received by 3ABN beginning in July 2006 coincided with the commentary on various Internet sites that erupted around June of 2006 disparaging 3ABN and Danny Shelton, which has been compounded by the creation of www.save3ABN.com website.   9. 3ABN has continued to experience a decreased level of donations as reflected in 3ABN records tracking estimated total donations received during the first quarter of 2007. This sustained decrease in the level of donations received by 3ABN has been fueled in substantial part by Defendant Joy's continued posting of defamatory material on his www.save3ABN.com website.   10. If the Defendants are not prohibited from posting the legal documents filed and/or served in this proceeding on www.save3ABN.com or other Internet websites, or otherwise publishing these materials, then the Defendants will undoubtedly publish them along with defamatory commentary and conclusions, with the ultimate effect of propagating the damage already experienced by 3ABN. [page 5] FURTHER YOUR AFFIANT SAYETH NOT. Dated: 5/9/2007      [signed]   Larry Ewing             Larry Ewing Certified Public Accountant for 3ABN, Inc. Subscribed and sworn to me this   9   day of May, 2007   [signed]   Lynda E. Welch       Notary Public

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