False and Misleading Statements to the Federal Courts
Appointed spokesperson for the American Legion
Then Vice Commander Don Holland was assigned the unfortunate task of being the official spokesperson for American Legion Post 290 and the American Legion National in November of 2012. In reading his deposition in how he became a the spokesperson for the Movant Intervener affidavit in the lawsuit, hewett v city of king, it is apparent he was nothing more than a patsy for the American Legion and Local Post 290.IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA, Case No. 1:12-CV-1179-JAB-JLWWednesday, October 30, 2013Winston-Salem, North CarolinaDeposition of LEWIS DONALD HOLLAND, a witness herein, called for examination by counsel for Plaintiff in the above-entitled matter, pursuant to 30(b)(6).Page 98 -103Question: So how did you find out about the lawsuit?A. I was riding down the road and got a call from the national adjutant. He says, "I understand that you are the representative from the American Legion of the lawsuit with the kneeling soldier and the Veterans Memorial Park." I knew nothing about it. And he says, "Well, you have been. You'll receive a letter that we would like for you to sign.". . . I let my commander know, and I said, "How in the devil did I get selected to do this?" And he said -- he just kind of grinned and he said, "I don't know."Question: So, Mr. Holland, . . . we were talking about the lucky phone call you got in which you found out about the lawsuit and that you had been designated as the spokesperson. Who from American Legion National called you about that?A. The guy's got a funny name [Philip Onderdonk, National Judge Advocate] that I can't even pronounce. He is the adjutant.. Question: Did he, during that phone conversation, ask or tell you that American Legion National wanted American Legion local to attempt to intervene in the lawsuit?A. Yes.Question: All right. And did he say why?A. No, he didn't. He told me they hired assessor [Harim Sasser] from Liberty Institute would be contacting me.Even though Holland seems to be innocent and a bit reluctant in being chosen he still made an affidavit that the Liberty Institute used to become a Movant Intervener in the lawsuit even though by his own acknowledgement, “I knew nothing about it.” The only problem with this was that Holland lied and by all appearances knew he was lying to start with about Post 290 having anything to do with the Kneeling Soldier Silhouette.
Affidavit of Vice Commander Donald Holland in Support of Motion of
American Legion Post 290 to Intervene of Right
In the affidavit dated February 19, 2013 Holland claims, 4. “I have knowledge of the matters discussed in this affidavit concerning the planning, approval and construction of the statue of a United States Military service memberkneeling before a cruciform headstone ("Statue") situated in the City of King Veterans' Memorial that is located in the City of King Central Park ("Central Park") and which constitutes the subject of both this Motion and the underlying lawsuit.” Now much of the affidavit is factual as to the description of the memorial and fund raising, but that’s about as far as the truthfulness goes. The last half of the affidavit is nothing more than a fabrication with some half truths and all out false statements.15. The Stokes County Arts Council obtained the pattern for the Statue from The Winfield Collection, a company selling patterns online for use in wood and metal craft projects.16. At the time the Statue was planned and approved, Mrs. Barbara Hensucker, the wife of the then-current American Legion Post 290 Commander, Mr. Coley Hensucker, was the chairwoman of the CAC.17. Chairwoman Hensucker presented the idea for the Statue to American Legion Post 290 for the organization's input.18. American Legion Post 290 suggested that the pattern be slightly altered from that available in The Winfield Collection catalog through replacing the generic rifle silhouette with one that reflected the rifles used from World War II through the Vietnam War.I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and accurate.The only problem with this affidavit is that it’s not true and in Holland’s following deposition he has to recant his affidavit!
Deposition of Lewis Donald Holland
In Vice Commander Holland’s deposition he has to retract multiple statements he made in his affidavit and admit that the American Legion had nothing at all to do with the Kneeling Soldier Silhouette, the Stokes Co. Arts Council had nothing to do with it and that Post 290 member Carl Calloway did not donate any of his time, labor or material in his capacity as a American Legion Post 290 member as Calloway stated in his affidavit.Page 7717 Q. Okay. Can you describe for me what role American Legion had in the construction or design of that kneeling-soldier statue?20 A. We had no role in it. The beautification committee selected this. One of our members cut it out. It's an international symbol. It's easily recognized by all Americans as a grave site, and we support it.25 Q. All right. And how did your member -- thePage 7817 Q. And you weren't involved -- the American Legion wasn't involved at the time -- member who cut it out, are you referring to Mr. Calloway?3 A. Uh-huh.4 Q. How did he get selected to cut out the design?6 A. Because he's a welder.7 Q. All right. And so who contacted him?8 A. I'm not sure if -- it's probably the9 beautification committee or the Arts Council, one of them. I would assume that it's the beautification committee.12 Q. And do you know what -- where the design -- in other words, where the City found the design that was presented to Mr. Calloway?15 A. I don't know where they found it. I do know it's a Winfield Collection.17 Q. And you weren't involved -- the American Legion wasn't involved at the time --19 A. We were not involved in the construction of it, selection of it, or anything else.For the sake of webpage space you can continue reading through pages 79 - 90 and you will clearly see there is a cover up in that Calloway is trying to connect Post 290 to the kneeling soldier silhouette in claiming that his time and labor is done in his capacity as an American Legion member. But this fails when Holland is asked about Calloway donating his time and labor on behalf of the American Legion Post 290, this never happened.Page 909 Q. Okay. Did American Legion understand Mr. Calloway's work, whether he was donating labor or materials or nothing or whatever he was doing -- did American Legion understand Mr. Calloway to be acting on American Legion's behalf or acting on his own?14 A. On his own behalf.15 Q. Okay. And so American Legion didn't reimburse Mr. Calloway --17 A. No.18 Q. -- for any costs he might have incurred?19 A. No.20 Q. And American Legion didn't ask Mr. Calloway to undertake the assignment in the first place?22 A. No.It is clear from Holland’s deposition that the affidavit he made is nothing more than a fabrication so that the American Legion could become part of the lawsuit and Calloway’s affidavit was necessary to support the last statement Holland mad in his, “21. A member of American Legion Post 290, Mr. Butch Callaway, volunteered his time and skill to create the Statue.”In fact, it becomes clear at a later date that the American Legion National wanted to make sure that Mr. Hewett lost this lawsuit in court. If it had gone to trial and the City of King and the American Legion had lost this case it would have set a precedence concerning the Cross itself and would have affected other cases the American Legion was a litigate in.
Affidavit of Carl F. ("Butch") Calloway in Support of Defendant Intervenors
American Legion and American Legion Post 290
On July 24, 2013 Carl Calloway swore out an affidavit in support of objections to Motion to Intervene. The only problem with his affidavit is just as Holland’s it is partial filled with facts, yet makes a false statement concerning his time and labor being donated. Documents from the City of King reflect a bid and receipt for the construction of the kneeling soldier silhouette (statue). Neither express materials only nor reflect that he’s donating his time and labor in his capacity as and officer and member of American Legion Post 290. This was done as a feeble attempt to try to connect Post 290 and the American Legion in having some type of vested interest in the Kneeling Soldier (Christian) Cross Silhouette.6. “. . . I did not charge the CAAC or the City of King any money for the time and labor necessary to fabricate the Statueas part of this invoice. Instead, I donated the time and labor necessary to fabricate the Statue by choice and in my capacity as an officer and member of American Legion Post 290.”I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and accurate.As you can see on March 20, 2010 Butch’s Portable Welding place a “BID” with the City of King for the construction of the Kneeling Soldier Silhouette. Nowhere on the bid does it state anything about donating time or labor as a member of the American Legion Post 290, in fact it states, “As Quoted $250.00.” Calloway even went so far as to falsify one of his companies invoices. He whited out the invoice number, made it out to Stokes County Arts Council (which had nothing at all to do with the silhouette) and had it notarized as if to give it some type of legitimacy as being a valid document. Mind you this is being submitted to the Federal Courts as evidence and as such he falsified a document to deceive the Federal Court into believing that the American Legion had a vested interest in the silhouette and the outcome of the case.
Stokes County Arts Council
Mr. Eddy McGee is the Director of the Stokes County Arts Council has personal knowledge concerning the Veterans Memorial as well as the Kneeling Soldier Cross Silhouette. Mr. McGee in a telephone conversation confirmed that the Arts Council had nothing to do with the Kneeling Soldier Cross Silhouette.Question: That the Stokes County Arts Council commissioned this silhouette?A: Mr. McGee, “Absolutely not, Absolutely not, I’ll even stop you there, we had absolutely nothing to do with that kneeling statute. I knew nothing about it, the Stokes County Arts Council knew nothing about it.”As you can hear Mr. McGee is extremely adamant about the fact that the Arts Council had “absolutely nothing to do with the kneeling Statue.”With this being a fact, why did both Holland and Calloway express knowledge that the Stokes County Arts Council was involved? Even more misleading and grievous was that Calloway made and swore to a FAKE receipt claiming the Arts Council ordered the silhouette, paid for it and that he used that fake receipt to make it appear he donated his time and labor in his official capacity as a Post 290 official. This is just appalling dishonest actions by both these members.
Factual Conclusion: Deception & Conspiracy
All evidence supports the conclusion that both American Legion Post 290 Members Donald Holland and Carl Calloway deceived and conspired to give false and misleading statements in their affidavits and other submitted documents in order to mislead the Federal Courts in the American Legions so called vested interest in the Kneeling Soldier Silhouette. The American Legion and Post 290 knew from the beginning that they - as Holland made reference to in his deposition, “we were not involved in the construction of it, selection of it, or anything else.” The Liberty Institute (a Christian Law Firm) had to have known this was the case yet proceeded to pursue the inclusion of the American Legion as a Movant Intervener. One phone call to the Stokes County Arts Council to Director Eddy McGee was all it took to confirm that Holland and Calloway both lied in their affidavits and we can conclude that Post 290 membership must have known this as well.The Constitution of The American Legion Department of North Carolina states:Article V, Post Organization:Section 10. Members may be suspended or expelled from a Post and from The American Legion only upon proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, conduct prejudicial to the good name of The American Legion, or conduct not becoming a member of The American Legion. Section 11. Any officer of a Post, elective or appointive, may be reprimanded, suspended or removed from office forany of the reasons herein above set forth as a basis for suspension or expulsion of members and by the same procedure.The By-Laws of The American Legion Department of North Carolina states:Article IV, Discipline of Post Members:Section 2. Members may be suspended or expelled from The Legion, only upon a proper showing of cause. Chargesshall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. Complaints were “officially” filed with NC American Legion Dept. Adjutant Trierian Cash with the above documentation. Both Legion Members Donald Holland and Carl Calloway violated the North Carolina Constitution and By-Laws in being disloyal to the American Legion, neglecting their duty as Legion members, this goes without saying - Dishonest - in their affidavits to deceive the Federal Courts, tarnishing the “good name of The American Legion” and finally conduct unbecoming of a member of The American Legion!Both State Adjutant Tierian Cash and Judge Advocate Gaither Keener, Jr refused to take action against individuals at Post 290 for violations that have been reported to them concerning the lawsuit and other post members who lied in order to expel Mr. Hewett from Post 290 and the American Legion.It is evident that the American Legion is biased, bigoted and prejudicial against those who do not fit into their religious or political views.To this day both Holland and Calloway still serve as members of the American Legion as well as are officers within Post 290.