Declaration of Jack Trimarco in Support Of

Home , Nancy Grace

• • !. Bruce Voss (SBN 064691) / Edgar C. Johnson !llS.(N(1ItfILF.D JOSS & JOHNSON ~~o 21076 Bake Parkway, Suite 106 Lake Forest, CA 92630 AUG06 Tel: (949) 472-5433 / Fax: (949) 380-9801 2008 3 Attorneys for Defendants JOHN TRIMARCO A.K.A. JACUO~~~O& JACK TRIMARCO & ASSOCIATES POLYGRAPH/INVESTIGATIONS, fN R~~CU~{ 4 Richard A. Harvey (SBN 61442) BYSHAU StEY.O LAW OFFICE OF RICHARD A. HARVEY , 21076 Bake Parkway, Suite 106 6 Lake Forest, CA 92630 Tel: (949) 472-5433 Ext. 35 / Fax: (949) 380-9801 7 Attorney for Defendants JOHN TRIMARCO A.K.A. JACK TRIMARCO; JACK TRIMARCO & ASSOCIATES POLYGRAPH/INVESTIGATIONS, INC. B

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF LOS ANGELES, CENTRAL DISTRICT

11 JOHN GROGAN, an individual, ) Case No.: BC391778 ) Hon. Helen Bendix, Dept. 18 Plaintiff, ) 13 ) DECLARATION OF JACK TRIMARCO vs. ) IN SUPPORT OF MOTION TO 14 ) STRIKE COMPLAINT FOR JOSEPH PAOLLELA, an individual; ) DEFAMATION, INVASION OF 15 JOHN TRIMARCO A.K.A. JACK ) PRIVACY (FALSE LIGHT), AND 16 TRIMARCO, an individual; JACK ) INTENTIONAL INFLICTION OF TRIMARCO & ASSOCIATES ) EMOTIONAL DISTRESS 17 POLYGRAPH/INVESTIGATIONS, INC., ) a corporation; RALPH HILLIARD, ) DATE: September 24, 2008 18 an individual; WORDNET ) TIME: 9:00 a.m. 19 SOLUTIONS, INC., a corporation ) DEPT: 18 and DOES 1 through 20, ) 20 inclusive, ) ACTION FILED: 5/30/08 ) COMPLAINT SERVED: 6/10/08 21 Defendants. ) ANSWER FILED: 7/11/08 22 ) TRIAL DATE: No Trial Date

I, JOHN R. TRIMARCO aka JACK TRIMARCO, declare as follows:

24 1. I am over the age of 18, competent to testify in

, 25 accordance with the facts declared in this Declaration, and have t! g 26 personal knowledge of every fact declared herein.

27 ns.s 2. If called to testify, I could give competent and ~~, 28 ./ admissible testimony as to each and every fact declared herein. 1 DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF' PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS • •

1 3. I am a retired Federal Bureau of Investigation agent

2 having served 21 years as a member of the "FBI", former U.S.

3 Department of Energy, Polygraph Program Inspector General. I am

4 a member of the Board of Directors and Chairman of the Ethics

5 Committee for the California Association of Polygraph Examiners

6 commonly known as "CAPE".

7 4 . I have taught more than 60 seminars on polygraph

8 examination, interviewing, and interrogation and have conducted

9 training for the following institutions and entities: FBI

10 Academy, CIA, U.S. Attorneys Office, U.S. Department of Justice,

1] INS, the American Polygraph Association (A.P.A.), CAPE, the

12 American Association of Police Polygraphists (A.A.P.P.), the

13 Department of Defense Polygraph Institute (DODPI), and numerous

14 other state and federal governmental law enforcement agencies.

15 5. A true and correct copy of my curriculum vitae is

16 attached hereto as Exhibit "A". The curriculum vitae summarizes

17 my professional memberships, my polygraph experience as an

18 expert witness, my polygraph experience as a profession, my work

19 experience, education, employment, polygraph training, areas of

20 expertise, and certain other relevant data with regard to my

21 background experience and qualifications as a polygraph examiner

22 and expert.

23 6. During the course of my professional association, I

24 have received numerous complaints regarding JOHN GROGANand his

25 lack of professionalism, experience, education, and activities

~6 regarding polygraph examinations. Prior to February 12, 2008, I ~:§ n7 had been informed that JOHN GROGANhad lost all of his n ~8 California professional licenses as a result of being convicted ~ /' n 2 ~t iJ DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS • •

1 of fraud by the Director of Consumer Affairs within the State of

2 California. I also had been told that the allegations against

3 JOHN GROGANwere of public record whi.ch included a comment that

4 all of his licenses and permits that had been issued to JOHN

5 GROGANby the Bureau of Security and Investigative Services had 6 been revoked as he had been found to have been guilty of fraud,

7 dishonest conduct, and deceit.

8 7 . On or about February 12, 2008, I received a letter

9 from JOSEPH PAOLELLA which contained a number of comments

10 regarding JOHN GROGAN. A true and correct copy of that letter

R 11 is attached hereto as Exhibit "B •

12 8. Subsequent to me receiving information regarding

13 Mr. GROGAN, loss of each of his professional licenses due to his

14 fraud, dishonesty, and deceit, and receipt of the letter

15 referred to in paragraph 7 above, I made my opinion known to the

16 radio listeners of Tom Leykis by telephoning the radio show at

17 the request of other respected polygraph examiners and private

18 investigators to respond to an apparent claim by JOHN GROGAN

19 that he was a licensed polygraph operator who had graduated from

20 an accredited polygraph academy.

21 9. I have been in direct contact with the administrative

22 offices of A.P.A., A.A.P.P., and CAPE and have ascertained that

23 although these are three of the most highly accredited polygraph

24 examiner associations in the United States, JOHN GROGAN is not

25 and has not ever been a member of either organization. I am n ~6 further informed and believe that JOHN GROGANclaims he is an ;.;~ 67 accredited polygraph examiner because he accredited himself as ~,j ~8 the sole owner of this purported accreditation facility known as ./ o 3 8 DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF PRIVACY (FAloSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS • •

1 Polygraph Examiners of America (PEOA).

2 10. The purpose of my telephone call to the radio show was

3 to inform the public of my opinion of Mr. GROGAN's true status

4 as a purported polygraph examiner.

5 11. I have noted for some time before the comments I made

6 on the Tom Leykis radio show that Mr. GROGAN has been

1 advertising himself through websites and other various means of

8 marketing as a polygraph examiner and as an honor graduate in an

9 8-week state approved polygraph academy; however, he is not

10 certified by any agency of which I have knowledge other than the

11 company which he owns and manages. The purported state approved

12 polygraph academy has sent a letter (Exhibit "E") to me

13 indicating he did not graduate and therefore could never have

14 been an honor graduate (not polygraph state approved). I am

15 also informed and believe that his claim that he has completed

\6 more than 4,000 examinations is extremely misleading as it

17 implies he has completed more than 4,000 effective polygraph

18 examinations which, to my knowledge, could not be true.

19 12. I obtained a copy of a Declaration of JOHN GROGAN

20 prepared and submitted to the Superior Court of California,

21 County of Ventura which, in pertinent part, claims the

22 curriculum vitae attached thereto is true and correct under

23 penalty of perjury. A copy of that Declaration and the

24 curriculum vitae attached thereto as Exhibit "1" is attached

25 hereto as Exhibit "Cu. The attachment is not true as he does

~6o not possess the credentials claimed . .~, Q 13. I was served with the Summons and Complaint in this

~8 action on June 10, 2008. , s o 4 g DECLARATION OF JACK TRIMARCO IN SU-P-P-O-R-T--O-F-M-O-T-T-~O-N--T-O--S-'T~R~I-K-E--C~O~M~P~L-A-I-N=T~F~O-R---I DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS • • VERIFICATION 1

2 STATE OF CALIFORNIA,

3 COUNTYOF LOS ANGELES

4 I have read the foregoing document, DECLARATION OF J.ACK 5 TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL 6 INFLICTION OF EMOTIONAL DISTRESS, and know its contents.

7 [Xl I am a party to this action. The matters stated in the 8 foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as 9 to those matters I believe them to be true.

10 Executed on August ~, 2008, at Beverly Hills, 11 California.

12 I declare under penalty of perjury State of California that the foregoin 13

14 John R. Trimarco aka Jack Trimarco 15 [Type or Print Name]

24 Decl of Trimarco re Motion to Strike Grogan

./ o 5 8 DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS »"k p* ned to-~•~ wdtt ~ 0J

9454 Wilshire Blvd., 6thFloor CA P.1.# 20970 Beverly Hills, CA 90212 . (310) 247-2637 email: [email protected] www.jacktrimarco.com

Edward I. Gelb, Ph.D. LosAngeles.California Mr. Trimarco was the Program Manager for the Federal Bureau of Investigation Polygraph Unit at the Los Angeles Field Office from 1990 until his retirement in 1998 as a Special Agent after 21 years of service. He is the former Inspector General for the Department of Energy Polygraph Program (2000-02) and is Ronald W. Hilley currently a member of the Board of Directors and Chairman of the Ethics SanFrancisco,California Committee, California Association of Polygraph Examiners (CAPE). Mr. Trimarco is nationally known and respected for his success as a polygraph examiner, Following his training with the Department of Defense and the F.B.I., he has Ronald R. Homer conducted more than 2,500 polygraph examinations throughout the world. SanFrancisco,California Among cases when he consulted, or actually conducted polygraph examinations were the Oklahoma City Bombing; The "Unabomber", Campaign Contributions to the Democratic National Committee, Dr. Peter Lee Espionage Case, Marquisha Richard W. Kiefer Candler Kidnap/Murder, Rosemary Banuelos KidnaplMurder; Assassination of Orlando,Florida DEA Agent Enrique Camarena in Mexico, "Whitewater"; the Dr. Wen Ho Lee Espoinage Case; J.D.L. Odeh Bombing Death; and the World Trade Center Bombing (1993). William K. Teigen Dallas,Texas During his F.B.I. career, Jack Trimarco also specialized as a Psychological Profiler working with noted author and former head of the F.B.L's Behavioral Science Unit, John Douglas. Assistance offered included unknown offender profiles, threat assessments, overall crime analysis, trial strategies, and expert testimony. Kenneth A. Vardell Boulder,Colorado Jack Trimarco is recognized as an expert in the field ofPolygraphy, Interviewing! Interrogation. He has taught more than 60 seminars on these topics throughout the United States and has conducted training for the F.B.I. Academy, C.I.A., U.S. Attorney's Office, U.S. Department of Justice, I.N.S., American Polygraph Association (A.P.A.), California Association of Polygraph Examiners (CAP.E.), American Association of Police Polygraphists (A.A.P.P.), the Department of Defense Polygraph Institute (D.O.D.P.L), and many other state and federal governmental law enforcement agencies. • •

MAJOR CASE Dr. WenHoLeeEspionageCase;The"Unabomber";"Whitewater"; INVOLVEMENT Oklahoma City Bombing; World Trade Center Bombing (1993); numerous cases involving classified foreign terrorists and espionage. "Fed buster"; Princess Cruises Extortion; Gerald Gallegos Serial Killer; Bank of America, Davis, CA hostage standoff; V.A. Hospital, Brentwood, CA hostage standoff; Enrique Camarena assassination; Top 10 fugitive, Claude Dallas; Top 10 Fugitive, Daniel Barney; Charles Keating Fraud Investigation; Bombing of Pan Am Flight 103; Dr. Peter Lee Espionage Case; L.A.P.D. Rampart Scandal.

. POLYGRAPH Former Inspector General, Department of Energy Polygraph Program, EXPERIENCE Polygraph Unit Chief, F.B.I. Los Angeles Field Office 1991-1998. Conducted more than I 100 polygraph examinations in connection with F.B.I. investigations. Selected by the U.S. Department of Justice and the F.B.I. to conduct polygraph examinations in sensitive intelligence matters and criminal investigations throughout the U.S. and abroad. Formerly held top-secret security clearance. Established private practice in 1998. Conducted more than 60 seminars/presentations on interviewing/interrogation and polygraph related matters throughout the United States. Conducted training at the F.B.I. Academy, C.I.A., and U.S. Justice Department.

California vs. Renee Lloyd (1993) State of California Superior Court, Rancho POLYGRAPH Cucamonga, California; U.S. vs. Noe Orazo Viveros (1994) U.S. District TESTIMONY AS Court, Central District of California; U.S. vs. Samson Gillette (1999), U.S. AN EXPERT District Court, Central District of California; California vs. Catarina Gonzales (2001) State of California; Superior Court, Los Angeles; State of California vs. WITNESS Gary Bearman (2003) Superior Court Orange County.

California Association of Polygraph Examiners (CAPE) Board Member, PROFESSIONAL Chairman of the Ethics Committee; American Board of Forensic Examiners, MEMBERSHIPS American Polygraph Association (APA); Advanced and Specialized Polygraph Examiner (AAPP); American Association of Police Polygraphists, American Academy of Forensic Sciences, Diplomat, Board Certified Forensic Examiner of the American Board of Forensic Examiners, American College of Forensic Examiners- Lifetime Member, American Society for Testing and Materials (ASTM), National Association of Legal Investigators (NALI), Society of Former Special Agents of the Federal Bureau of Investigation, California Association of Licensed Investigators (CALI), Ventura County Bar Association, Orange County Bar Association, Los Angeles County Bar Association, San Fernando Valley Bar Association, Professional Investigators of California Association (PICA), and Criminal Courts Bar Association (sustaining member). / • •

EDUCATION Montana State University at Billings, RS., Psychology, 1976, High Honors; Montana State University at Billings Graduate School, Psychology (1977); Jacksonville University, Jacksonville, Alabama, attended Graduate School, Psychophysiology, 1990 (no graduate degrees).

t·:,!"' United States Air Force (USAF), 1967-71; USAF "Airman of the Year" - Italy, EMPLOYMENT 1968; Yellowstone County Sheriff, Billings, Montana, Patrolman 1971-1973; Detective 1973-78; Federal Bureau of Investigation, Special Agent, 1978-1998; Received numerous commendations for exceptional performance. Nominated twice for F.RI. Medal of Valor; F.RI. Polygraph Unit Chief (Los Angeles-Retired); Former Inspector General, Polygraph Program, U.S. Department of Energy-Office of Counterintelligence; Ventura County District Attorneys Office (Forensic Polygraph Examiner); Certified Polygraph Examiner (APA); California State Private Investigator #20970; Ventura County Public Defenders Office, Ventura County Sheriffs Department, Orange County Public Defenders Office, U.S. Attorney's Office, (Central District of California); Federal Public Defender's Office (Central District of California), Oxnard Police Department..

F.RI. Polygraph Examiner; F.B.I. Hostage Negotiator, F.B.I. Psychological Profiler AREA OF F.B.I. Defensive Tactics/Firearms Instructor; F.B.I. S.W.A.T. Team Member; F.B.I. EXPERTISE Interrogation Instructor and Homicide Investigation Instructor.

Department of Defense Polygraph Institute, 14-week polygraph course. Attended POLYGRAPH 49 polygraph training seminars conducted by the F.B.I. or professional polygraph TRAINING organizations within the United States. Instructed at numerous Federal, State and Local Agencies, National and State Polygraph Associations, private and professiona groups.

Over one hundred appearances on national T.V. to include: Dr. Phil, Oprah, Greta MEDIA EXPERT Van Sesteran, Nancy Grace, The O'Reilly Factor, Hannity & Combes, Catherine A;tPEARANCES Crier, Good Morning America; (Diane Sawyer) et al. r.' [} f jose1i Paofe{{a8i ~s~ciates 4311 Wilshire Blvd" Ste 314 LosAngeles,CA90010 (323)965·7506 . ..: . i .. '. . -.' .--. " .' ..' - . * Fax:(323)965-7508 ',',-.. .' ~ :" ," ' .. > .. ... , , .... , .. ,A,profe,slonaf$f1cfjrlty,se lVlcQ ,. . dl"ilctedby:fbrmer iJ.s;secretserViceAgents· ,,\

".-;

Jack Trimarco .Attn: Ethics Committee 9454 WilshireBlvd., 6 th FI. Beverly Hills, CA 90212

Tuesday,February 12,2008

Re: John Grogan

Dear Mr. Trimarco,

Thepurpose of my school; AmericanCollegeof ForensicStudies,which started in January f2003, ..was'to train people interestedin being a privateinvestigatorwith a minor in polygraphtrain' g. .'Thetrainingconsistedof2l6-hoursdevoted to private investigationsand l24-hours to basi polygraph.training. That after 12-weeksof schooling,the studenthadthe basic trainingto b a private investigatorand the basic knowledgeof the theory and applicationof polygraphprin iples to help the studentbecomethoroughly trainedinvestigator. The coursewas not meant to tra n a person to be a polygraphexaminerand we did not ofterpolygraphtrainingalone.

John Groganofferedto instruct studentsto servesubpoenasas part of the overalltraining in he P.I. field. Mr. Grogan expressedan interestin knowingaboutthe.fundamentalsof the polygraph

instrumentand application. In lieu ofpayinghim'to instructhe askedto sit in on some of th polygraphcourses;approximatelytwo daysper week. Afterapproximately6-weeksof trainl g, I gaveMr. Groganan "honorary"completioncertificate, I had no idea that he wanted to be an examinerand go into businessas an examiner. Shortlyafter that, I had to let Mr. Grogango

'-, .. ,c. .' '.' ,,- ~cause ...... -.:. - ','-'. -..->.' of his "unauthorizedadvances"towlirdirfemalestudents... :'::.:.:<,.'...... ,.,' .. -. _ Mr. Grogan'sresponseto.. " _ .. is Jismissal was to send "anonymous"informationto the anti-polygraphInternetsite expressin how ,.- '. . : - - - ,," --, "',' -",."::.'.-- ,',' ..,',' - .. '::-_.-,- ,," ','.- &1dthe~ polygraphtrainingwas at, AmericanCollegeofF orensicStudies. Mr. Groganalso b- __,'-'""",_,--," _._.-.:: ,,:':. i~dicated thatthe trainingwas inadequate,especiallyregardingan,',-., .".- __.,_ ; instructorbythe name of r,. ichard Ug rl6./ • • .Salinas who is a member of the National Polygraph Association and an associate member 0 American Polygraph Association.

John Grogan is a master marketer and has used the Internet (Polygraph Place, etc.) to adve ise his

$99 dollar polygraph examinations. Mr. Grogan is also selling a book purported to be able 0 train a person to be a trained polygraph examiner and offers to sell them a Limestone computer an show them how to use it, claiming that's all they really need to know to become a polygraph ex iner and join his polygraph association. Even though Mr. Grogan has lost his P.1.& P.P.O. license, e is using an associate Lisa Javoric, who recently received a P.I. license and is a member of CA I, to front for him on her website to do private investigations and polygraph examinations .

.It should also be noted that he has used 10-20 different locations throughout the country ported to be his office. A personal check on several of his supposedly offices in Los Angeles, turn d out in one instance to be a Chinese restaurant on Wilshire Blvd. and another was a hotel in Bever! Hills with no indication that John Grogan either resided there or had an office in the hotel. It sho d also be noted that no matter where the alleged offices were located, they all had the same (818) telephone number.

Jan Tucker, Governor of CALI and others, are also investigating John Grogan who has atte pted on several occasions to "sell" P.I. licenses for $3,500.00.

If you need any more information regarding John Grogan, please let me know.

Respectfully, 07/Z1/2008 12:09 8054972019 . ,. JUDITHDRHODES PAGE 02/11 , I • • • 1 ARTHURZITTELL' State Bar #51B80 ~AW OFFICES OF ARTHURZITTELL 2 455 E. Thou$and Oaks Blvd. Suite 102 3 Thousand Oaks, CA 91360 4 (80S) 497~0966

5 Attorney for Respondent

7 a 9 SUPERIORCOURTOF CALIFORNIA 10 COUNTYOF VENTURA 11 In re the marriage of } No. 0 324446 12 ) Petitioner:. BRENDA JEAN WATERMAN ) DECLARA,TION OF JOB:N GROGAN 13 ) IN SUPPORT OF RESPONDENT'S and ) .RESPONSE'1'0 OROER TO 14 . . ) SHOWCAUSB Respondent: JEFFREYSCOTTWATERMAN)Date: January 29, 2008 15 } Time: 8:30 a.m. _____ -.;... ,) Courtroom: 32 16 17 I, JOHN GROGAN,hereby declare:

18 1. I am a Certified Polygraph Examirter and Certified.Voioe·

19 Stress Analyst. I have 20 years continuous experience in the

20 field of li~-detection with more than 4000 completed 21 examination~. My Curriculum Vitae is attached hereto and 22 Lnco rpcz-abed by reference herein as lllxhib~i: 1. I am a resident

23 within the ~ounty of Los Angeles'and over the age of eighteen

24 (18). If Called upon to testify in t~is matter, I could and ;-.i0 25 would competently testify to. the fol16wi~g which I know to be B /" 26 correct and true. As to. those matters stated herein on 0 b 27 information: and belief, I belieite them -aLao to be true. /-" 28 8 g PQCla~Atlon of John Grogan waterman and Wate~nl C~se No. D 324446 . 1 ,'-. 07/21/2008 12:09 80549721 JUDI~H RHOD.~~, ,~V ... __ PAGE 03/11 SEF":'13-EOOS\::J1;l:W ~K\.fI: D I

1 2. 'This deciaIat10n is in' l~eu of personal testimony ~:: ' 2 pursuant to Seotions 2009 and 20151'5 of the ::ViJ ~ 3 PrQce~~e, ~ule 5.118 of the Ca]i~~.Dia Bp1e __; Beifler , i 356 and 4 y. Sllpet:LQ~~ COurt (1974} 39 cal.Jl.pt.3d 4'19, 1H Ca1.Rptr. 5 Marriage of Stevenot (l984) l54ca, .App.3d 1051, 202,. 6, Cal.!Wtx.:ll6.

7 3 • At the request of M.z:;. I oonducted a ~eceptiol\ ':VElst, (a S c01tlputeri::ed PsychophYl!io~09'icia1 }' tection of on January 9 compute;ri:!:ed polyqraph exam:tnatio ) an Mr. Waterman pl~ of examination' 10 24, 2007. My two page report the certificate as 11 ,is attached hereto and, i,ncorporat~d oy reference h,erein 12 :B:.

2 PROOFOFSERVICE 3 STAlE OFCA):JFORNIA,COUNIYOFVENTURA 4

5 I am.iJ.residentof the countyaforesaid.'I am OVerthe ageof eighteenyearsand. not a party to the within entitled.action;my addressis: . 6 455 E. ThousandDaksBlvd.,Suite102 7 ThousandOaks,CA91360 8 On J\U,lUBry !.t5, 2008~ I servedthewiihin Declarationof JohnGroganin Supportof 9 Respondent'sResponseto Orderto ShowCauseon Petitioner'sattorneyin saidactionasfollows: 10 Ms.JudithRhodes 200N. WestlakeBlvd.,Suite202 11 WestlakeVillage,CA91362 12 xxx ByMail I!IlD.readilyfamiliarwith thefirm's practiceofcollectionandprocessing 13 correspondenceformaillng. Underthatpractice,it wouldbe depositedwith theU.S.PostalService' onthat samedaywith the postagefullyprepaidat ThousandOaks,Californiain the ordinarycourse 14 ofbusiness. I amaware'\batonmotionof thepartyserved,serviceis presumedinvalidif por>tll1 cancellationdateorpostagemeterdateismorethanonedayafterdateofdepositfortnailingin 15 affidavit. .. 16 ":"",,:,:_:8yFax .The documentwastransmittedto the partiesvia electronic(FAX) mail to the 17 followingnum.ber(s):

18 By PersonalServiceI deliveredsaidenvelope(s)by handto the addresseeat: - i • 19

20 Executed this f~ay of January, 2008 at Thousand Oaks, Celifornia . 21 22 I declareunderpenaltyofperjuryunderthe lawsof the stateof Californiathattheforegoing is true and correct, 23 24 LIS . Vi25 ~ ':So .' 26 / '927 fj /28 n ~j 67/21/2608 12:69 JUDITHD RHOD. PAGE 05/11

EXHIBIT "1" '. 07121/2008 12:09 JUDITHD RHODES• PAGE 06/11 t&hi.:q~~~i:!!tg,,!rW!t~ ~g~..":,,,J

CondensedCV(euaiCll1umvitae)of John .Grogan PolygraphInstructor, CertifiedPolygraphExaminer CertifiedVoice StressAnalyst

(No~: t1wi1ifQf'lnt.lfionbelowisasimplequic!rHliJwnloailtrlg rJobument:a high-quality versionwithphoto«anddetails can beimmediatelymailedor e-mailedtoyou uponrequest)

. Owner/opetatorfseniOl:examinerofa progressivenationwidelie-detectionagency

.20-yearsoflie-detectionexperience

. H0I1-orGraduate,8-weekstare-approvedpolygraphacademy, personallytrained by retired US SecretServiceagent -HonorGtaduate;multi-weekvoicestressanalysistrainingacademy . Morethan 4000completedexmninations

. Cross-trainedto opetatethe comput6rlzed polygmphinstrumentsof all fourmarmfacturers

. Instructor-polygraph:fuodamentaIs;PCSOT, VSA,& polygraphinstrumentoperationclasses (forprivatetutoring, short-termpolygraphclasses, and for 8/1O-weekpolygraphacademies)

•Veryactivememberofmanystate andnationalpolygraphorganizations

• Itls1rUcf;or:: polygraph& voicestressanalysis seminarsforinvestigatorsandlaw enforcement .Extensive-continuing-educatlonyearlyvia PolygiaphAssociationsand othersources 07/21/2008 12:09 805497201 9 JUDITHDRHODES e· e· PAGE 07/11

· Author;the35"powdPolygrapllTrainingGuide & otherrelatedmaterials,usednationwide (W"ww.PolygraphAea.(!emy.com.)

-Author; step-by-stepproper-usagemanualsfo:r severalcomputerizedpolygraphinstruments of'varlousmanufacturersandmodels

-Member,multipleassociationsandnetworks

•Recent high-profilecourt-casepolygraphexamsinclude: (2007) actor ColinFarrellsex-tape (2007)modelAnnaNicoleSmithbaby (2007) baseballplayer JoseCansecosteroid allegations

. CompetentWithmultipleinterviewtechniques andall typesofexamiuations;well-skilledwith relationship,employeetheft,CONREPand PCSOTlPost-ConvictionSexualOffenderexams "•MentorandSupervisor;lie-detection academytraineesandpreceptorinterns

- Ownerof thefourcurrent(2006/2007models) computetizedpolygraphinstrumentsfrom m!'Y polygraphmanufucturer,andof eight analog/mechanicalpolygraphinstrw:nents,and of professionalVoice StressAnalysisequipmentJsoftware rJILTRA-importantifyour matter involvesflu?existence ojanexaminationinvolvinga law-enforeement agencyandyourattorneycorrectlyrequeststhatall equipmentandsoftware!lJ!11J;hthatused'bytheLEagmcy; NO otherpolygraph exa:iDio.ercanofferthis criticaloptionl)

. Assistsgovernmentagencymanagementin "writing theirPCSOTpolygraphpolicy . Moderator: Internet lie-detectiondiscussionforums, used by professionalsnationwide"

· Directorof lie-deteetionreferralexaminations, Polygraph EYllminorsof America (www.peoa.us)

· Director of lie-detection.referral.examinations, ForensicInvestigatol:s Network (www.F orensil:InvestigatotsNetw01.k.com)

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.Mediaconsultantfor lie-detec1iori.issues; moretJuin:JOQmediasituationsin last 1Syears.

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(8I8) 883-6969 Returnto homepage • • 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTYOF ORANGE

3 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the wi thin Action. 4 My business address is 21076 Bake Parkway, Suite 106, Lake Forest, California 92630.

6 On August ~_, 2008, I served the document described as DECLARATIONOF JACK TRIMARCOIN SUPPORT OF MOTION TO STRIKE 7 COMPLAINTFOR DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND 8 INTENTIONAL INFLICTION OF EMOTIONALDISTRESS on the interested parties in this action by placing a true copy thereof enclosed 9 in a sealed envelope addressed as follows:

10 SEE ATTACHEDSERVICE LIST 11 [XX] (BY MAIL) I caused each such envelope, with postage thereon 12 fully prepaid, to be placed in the United States mail at Lake Forest, California. I am readily familiar with the practice of 13 collection and processing of correspondence for mailing, said 14 practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it 15 is scheduled for collection. I am aware that on motion of the party served, service is presumed invalid if postal cancellation 16 date or postage meter date is more than one day after date of deposit for mailing in affidavit.

18 [ ] (By Hand) I caused each envelope to be delivered by hand to: 19

20 [XX] (STATE) I declare under penalty of pe r j u r y under the laws of the State of California that the above is true and correct. 21 Executed on August 2008 at Lake Forest, California. 22 -l.t--,

DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS • • 1 SERVICE LIST

George Baltaxe, Esq. Law Offices of George Baltaxe 3 15821 Ventura Blvd., Suite 245 4 Encino, CA 91436-2923

5 Adrianos M. Facchetti, Esq. Law Office of Adrianos Facchetti 6 200 N. Fairview Street 7 Burbank, CA 91505

8 Joseph Paolella Joseph Paolella & Associates 9 4311 Wilshire Blvd., Suite 314 10 Los Angeles, CA 90010

11 Tim Agajanian, Esq. Agajanian Law Group LLP 12 626 Wilshire Blvd., Suite 320 13 Los Angeles, CA 90017

::" D ------·-----1 ~;} DECLARATION OF JACK TRIMARCO IN SUPPORT OF MOTION TO STRIKE COMPLAINT FOR t.s DEFAMATION, INVASION OF PRIVACY (FALSE LIGHT), AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS