Note, my computer is going crazy. This is contents of motion filed, but not well-posted. dak

BEFORE THE GWINNETT COUNTY ETHICS BOARD

                         STATE OF GEORGIA

D.A. KING, Petitioner
vs
MARLENE FOSQUE, Respondent

December 3, 2019

MOTION FOR LEAVE TO SUPPLEMENT EXHIBIT LIST

Petitioner requests consideration to add to already submitted list of exhibits several supplemental exhibits that with explanation, will show Marlene Fosque knew or should have known the second-hand slander/defamation against me she broadcast in the August 6, 2019 Gwinnett County Commission meeting was not true or accurate and that the original source was – and is – well known by multiple reasonable, neutral people and easily accessed publications, to be unreliable, suspect and politically and financially motivated.

The voluminous response to Petitioners complaint was delivered to his home address sometime in the AM on Friday, November 29, 2019 after he had departed for the holiday weekend. Petitioner was only able to peruse the material on Monday, December 2, 2019 to learn that Respondent has taken the defense that Petitioner is a “limited purpose public figure.” Petitiner had no way of preparing for that part of the last-minute delivered response.

In the event that the Board were to agree with that classification, there seems to be an added legal burden for Petitioner to illustrate intentional malice and that Respondent knew or should have known the accusations she made in her official capacity were false.

Petitioner inquired about this exact possible scenario involving dates of delivery of response and ability to address any unforeseen defense in response and was denied a delay in December 9 hearing when it was requested. Petitioner was told that supplemental exhibits would be considered and believes there is Good Cause for acceptance of supplemental exhibits and granting of this request.

Those exhibits will be sent overnight delivery today, December 3, 2019 to Respondent’s attorney, and the Board.