2. Affidavit of Father: This is correct.

3. From the report of officer Frankenstein on 9/11/98: "I also asked him about the Mullbro Warrant"…."I stated that sometimes paper work gets lost and it could be a mistake."

4. Affidavit of Father: This is correct. There was a mistake. For 9 years I could not get the thing cleared up because the Mullbro court told me they could not find the paperwork. My lawyer told me to forget it. The state computers (State Police and Court System) had no record of this warrant. Only the Writing Police knew about the warrant record. I took care of this matter on 9/16/98. It took the Mullbro court all morning to find the paperwork. The case was dismissed on 9/16/98.

5. From the report of officer Frankenstein on 9/11/98: "When Father saw the damage to his M/V he started to yell at his son. What the f___ did you do, you know the car wasn’t insured for you, you aren’t supposed to drive. I didn’t give you permission to use the car you f___ing a______. Who the f___ is going to pay for the f___ing damage?"

6. Affidavit of Father: This is correct. My son was an excluded motorist. Just 20 minutes earlier, I had run out into the driveway yelling at Sonofagun not to take my car – he has his own. I had just spent the prior week getting everything on my car fixed. The car was in perfect shape for me to use in returning to work. The work cost me $1000. The damage that I was witnessing would cost an additional $5,000. I had just spent all of my money ($27,000) for a year at ____ for my son. School was to start in two days. I was unemployed. The stress was high. I would also have to pay for the two tickets my son was just handed.

7. From the report of officer Frankenstein on 9/11/98: "I told him to calm down"..

8. I don’t remember being told to calm down. I absolutely and positively would have stopped yelling had I had been told that I would be cited for disturbing the peace if I continued yelling. Let me repeat this: I absolutely and positively would have stopped yelling had I been told a disturbing the peace citation would follow if I did not. The last thing I wanted was more trouble or expense. I was totally exasperated. The only punishment for my son was to yell at him. He was going off to school Monday. I believe I have the constitutional right to express my disapproval at an act of misbehavior that cost me ultimately $10,000.

9. From the report of officer Frankenstein on 9/11/98: "He started to accuse the other driver of causing the accident".

10. Affidavit of Father: This is correct. I was starting to calm down, although still talking loudly. I was trying to ascertain the conditions of the accident so that I could write an accident report that might recover some money from the insurance company of the vehicle that struck mine. It was my impression that any driver that struck another vehicle on the side was at fault. I expressed this view to officer Frankenstein looking for his help. I thought he felt empathy towards my predicament and would try to help me.

11. From the report of officer Frankenstein on 9/11/98: "I told him to calm down".

12. Affidavit of Father: This is totally incorrect. Officer Frankenstein started yelling at me. He told me that he had written a citation for my son for running a stop sign. He told me my son caused the accident. This had anything but a calming effect.

13. From the report of officer Frankenstein on 9/11/98: "At this point he charged me hitting me in the chest saying arrest me."

14. Affidavit of Father: This is extremely distorted. I took a couple of brisk steps towards Officer Frankenstein with my arms straight and pointing to the ground with my palms facing him. I said "Why don’t you arrest me too?" (The implied "and make this a perfectly bad day for me?" should have followed.) At this point he took steps towards me and stood face to face with me. We stood there for what seemed like and eternity but may only have been one second. His face was a blur. I couldn’t see anything: I need reading glasses. In the next tenth of a second I may have reflexively and unintentionally pushed him on the shoulder to get him to a point where I could again see. I don’t really remember this tenth of a second too well as I was immediately maced. I may not even have pushed him. I think he bumped or pushed me first.

15. From the report of officer Morespray on 9/11/98: "Father continued to pursue officer Frankenstein backwards".

16. Affidavit of Father: This is totally false: I was immediately maced from behind by Officer Morespray and reached out to grab his wrist to prevent further macing. However, he would not withdraw the mace.

17. From the report of officer Morespray on 9/11/98: "At this point I attempted to get out my mace because Mr. F. Father has grabbed my uniform shirt and ripped the shirt open removing the buttons."

18. Affidavit of Father: The time sequence of events has been switched to make the macing appear as it it happened after more of a struggle. I was immediately maced from behind by Officer Morespray and reached out to grab his wrist to prevent further macing. However, he would not withdraw the mace, so I turned to get both hands on the mace in order to remove it from his hand and throw it out of his reach.

19. From the report of officer Morespray on 9/11/98: "I then sprayed him in the face with my mace. Before it takes effect, he knocks it from my hand."

20. Affidavit of Father: This is true: I was immediately maced from behind by Officer Morespray and reached out to grab his wrist to prevent further macing. However, he would not withdraw the mace so I pulled it from his hand and threw it across the street. The report prior to this confession was told in a fabricated and out of sequence manner. I had severe headachs and stomach upsets from getting a lot of pepper spray in my mouth several days afterwards. I also had hot flashes, skipped heartbeats and insomnia for the next four days. I went to the emergency room one night at about 3 A.M.

21. From the report of officer Morespray on 9/11/98: "At this time, I did not know who had control of my mace".

22. Affidavit of Father: Immediately after removing the mace from the hand of officer Morespray and throwing it across the street, I stood with my back towards both officers and my hands together in a position to be cuffed. I said "let’s go to the station". I did this for three reasons. I didn’t want to involve my son in the struggle. Secondly, I didn’t want to be charged with assault and battery. Thirdly, I wanted to get to the station to wash off the pepper spray.

23. From the report of officer Morespray on 9/11/98: "After a struggle, I am able to get Father to the ground and get a handcuff on his left wrist as he continues to get up."

24. Affidavit of Father: "I stood perfectly still with my hands behind my back. I felt the officer put the handcuff on one wrist. He then told me to get on my knees which I immediately and without struggle did. He then tried to get the handcuff on the other wrist. He kept trying to put it through my hand. I said "Ow" four times. I meanwhile did not struggle or move. I absolutely and certainly did not attempt to get up until I was told to do so. I wanted to get to the police station as quickly as possible to wash off the pepper spray.

25. From the report of officer Morespray on 9/11/98: "At this time either Father will comply with our requests to stop resisting arrest."

26. Affidavit of Father: I was at this time on my knees with my arms handcuffed and behind my back. Why would I struggle? I was trying to spit the mace out of my mouth. As it was, I had severe headachs and stomach upsets from getting a lot of pepper spray in my mouth several days afterwards. I also had hot flashes, skipped heartbeats and insomnia for the next four days. I went to the emergency room one night at about 3 A.M.

27. From the report of officer Morespray on 9/11/98: "At this time I take my weapon from the holster because not I am exhausted from the struggle and can not continue the struggle."

28. Affidavit of Father: With me handcuffed, maced and on my knees, why would this now be necessary?

29. From the report of officer Morespray on 9/11/98: "At this time I point the weapon at the younger Father and order him to lie on the ground, which he does. Both are able to be handcuffed now."

30. Affidavit of Father: I did not see the gun being drawn. I was blinded from the mace and had my back to the officers. I was handcuffed, maced and on my knees, why would this now be necessary? I cannot testify about what I did not see or hear, but the sequence in the report does not make sense.

31. From the report of officer Frankenstein on 9/11/98: "The father was crawling towards Officer Morespray. At this time I used my pepper mace on the father. During the struggle I had radioed for backup which was now arriving."

32. Affidavit of Father: I was at this time on my knees with my arms handcuffed and behind my back. I had been sprayed with mace. How could I crawl? Now I was being pepper sprayed again! I had severe headachs and stomach upsets from getting a lot of pepper spray in my mouth several days afterwards. I also had hot flashes, skipped heartbeats and insomnia for the next four days. I went to the emergency room one night at about 3 A.M.

33. From the report of officer Frankenstein on 9/11/98: "The father was cuffed and placed in car 5 and transported to the station by officer Cough."

34. Affidavit of Father: While being escorted to the police car, I had my hands cuffed behind my back. One officer (I could not see as my eyes were blinded from the mace) had me by the thumb. Every time I tried to get into the car, he would twist my thumb. He did this four times. I had to turn from the door of the police vehicle four times. This thumb anatomically rests on a bone on my wrist that was broken three years earlier. Thus, my thumb was sore for a month afterward.

35. From the report of officer Morespray on 9/11/98: "The father was cuffed and placed in car 5 and transported to the station by officer Cough."

36. Affidavit of Father: After being maced and with handcuffs behind my back, I sat in the tiny back seat of an extremely hot police vehicle that had been sitting in the hot sun for hours. The doors were locked. The windows would not roll down. There was a plate separating the front seat from the back. I was in the vehicle for several minutes seemed like fifteen. There was only six inches between the front and back seat. I was gasping for air. My heart was racing and skipping beats. I thought I might die. I yelled six times for air. I was wondering if they had killed my son. I couldn’t see anything and could only hear a lot of voices in the background. Maybe that was the ambulance coming to carry my son’s body off. I was trying to remember what had happened just before I was maced. I couldn’t recall. It seemed like I had done nothing to deserve this. I thought they would keep me in the police car until I died. I was hoping I wouldn’t have a heart attack or tachycardia. The officers certainly would not know or care if I had a heart attack. One officer later told me "You’re supposed to feel as if you are having a heart attack."