Problem with sworn affidavits against mayor - FOX13 News, WHBQ FOX 13

Problem with sworn affidavits against mayor

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SOUTHAVEN, Miss. (FOX13) -

Three city of Southaven leaders  gave sworn statements that Mayor Greg Davis told them he was going to hide money from his wife while they were going through a bitter divorce.
 
But there is a problem with those sworn affidavits.

According to legal experts FOX13 News talked to, one side will say it was a simple mistake, no big deal.

The other side may use it to go on the attack and say it damages your credibility and you perjured yourself.

An affidavit is sworn testimony, that what you are saying is true. But in the legal world, how they are used and what really matters in them  is as confusing as legal language itself.
 
Your honor, we present to you Exhibit A: Southaven Alderman Ronnie Hale's affidavit. In it, Hale says that the mayor made his statements behind closed doors in executive session of September or October of 2010.
 
Now, for the record, the Southaven Board of Alderman meet two times a month, on every first and third Tuesday. According to the city clerk's office, they only go into executive session for two reasons: that would be for personnel and litigation.
 
Upon examining the minutes from the first meeting of September 2010, there was no personnel and litigation, so the executive session didn't happen then. In the second meeting in September 2010, the executive session didn't happen either.

According to the minutes, there was no personnel or litigation in October 2010, so no executive session in either of the two months described in the affidavits.
 
Does that mean that the whole of all the affidavits will be thrown out? Not likely.

The crux of the information there and the accusations against Mayor Davis will stand, and the affidavits' dates will be amended, or changed as we like to say in non-legalese.

The defense likely will argue that it's perjury and attack the credibility those who signed the affidavits. The prosecution will say the dates are irrelevant, and inconsequential, simply an oversight, and the drama in Southaven will continue.
 
The dates on the affidavits were changed Tuesday afternoon, to the Spring of 2010. All of the other information stays the same.

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