The Mountain Daily News spoke yesterday with Marc Schwartz, one of Glenn Calloway's attorneys.  All he had to say was Carolyn Perry said too much in her letter.  He said Perry violated California Evidence Code sections 1119, 1121 and 1122.  Section 1119 in part states: "All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential." 

Perry in her letter stated: "The retired judge (of 30+ years in criminal law) who handled our mediation simply told me behind closed doors after he had met them and heard 'their side', .. 'They are crooks, plain and simple. I do not believe a word of what they are saying, you have a strong case for court and should have no problem winning your case.'"  Schwartz said it was wrong for Perry to broadcast the alleged conversation whether or not the judge actually said what she claimed.  If the judge did indeed say what Perry clamed, it would be extremely unprofessional said Schwartz who doubted the judge would such a mistake.  He said in effect that Perry was describing a dialog that no one else can verify took place.

Neither Calloway or Schwartz showed for the 2/8/2010 court date.  Schwartz said it was not an evidentiary hearing but an automatic date set by the court to ensure the case was moving along.  He said it wasn't important that they appear.  There are two future court dates on 3/10/2010 and 5/24/2010.