Honorable Sam D. Pendino 11/16/07 Circuit Judge Case No.: 07 11305 Hillsborough County Division: A Florida And it please Your Honor, In serving the best interests of your court, allow me to present the following for your consideration, In my initial response to your court (Submitted to the clerk on Oct.8), T noted that I consider this case to be spurious. I believe that this frivolous lawsuit challenges my constitutional right to free speech, whereby I may state opinion or ask questions in the public domain and is unnecessarily taking up the time of your court. I also believe this to be a matter of oppression under the guise of law. Now because of actions taken by persons acting for or in the interests of Odyssey Marine Exploration I have presented to FBI Special Agent Martin Woods material evidence of threats against ‘my life and an apparent conspiracy to discredit me in public. Even if I could afford an atiomey I would not feel safe in Florida until this investigation is complete and I cai approach the US Attomey General for redress. The state of my finances, personal information, and my residence in the Islands was known to Odyssey before they brought suit in Florida. I cannot afford:my counsel for defense and must represent myself in forma pauperis and pro se. seeking pro bono counsel.) The apparent involvement of employees of Odyssey sugh that when I was served in the Virgin Islands on a Friday it was posted on the inigmeéthe following Monday ([ think), this information, that I believe was privy only to the léWyers and employees of Odyssey. In addition, information regarding this suit was posted on the internet prior to its filing. Personal information and information regarding this suit, true and false, and threats against my life have been posted on the internet and in emails, by persons known and unknown, since aliases are normally used in forums. I have asked the FBI to begin an investigation into the behavior of these individuals concerning these threats, T maintain I never filed or posted anything malicious on the internet regarding Odyssey that I knew to be untrue. There are adequate legal safeguards on the Odyssey ‘Yahoo Forum to address any issue of libel without approaching your court. If I had posted libelous information it would have been removed and I could have lost my Yahoo ID and my email. This was not done Your Honor. In the months that I was posting I was never approached by Odyssey or their lawyers with a request to cease and desist. The complaint states that the company has suffered damages however they do not state what these are. During the period of time in question here the Companies stock actually rose significantly in value.Points of law regarding the Kingdom of Spain and Odyssey Marine Exploration are now being heard in the Hillsborough County Middle District Courts of Florida regarding the legality of the actions undertaken by this company. The outcome of this case will, I expect, vindicate my expressed opinion of this company. Two international incidents between the United Kingdom and the Kingdom of Spain, have taken place recently involving Odyssey Marine. The Kingdom of Spain has publicly branded Odyssey Marine as pirates. The world press have expressed their views and taken Odyssey to task in very strong terms ([ attach recent publications). These prominent negative sentiments have been published by more important players than I, in very high profile media. I do not expect that Odyssey will take the UK Sunday Times (London), L’Express (Paris, La Gaceta (Madrid) and others to court in this matter. why should I be singled out for my opinions? I believe it is because I have published information already in the public domain that Odyssey would rather not have the public reminded of, and because I ask questions of the supporters of Odyssey that cannot be easily answered. But most importantly because I am a private citizen without means to hire a high-powered legal team, an easy target to make an example of in, what amounts to a primary frivolous lawsuit With regard to the specific charges made by the attorney for the Plaintiff, Thave no way of determining if the statements noted by the Plaintiff are truly what 1 posted, since there is administration oversight of the forum (The ability of administration to modify, delete). IT do maintain this, “ynder the First Amendment, there is no such thing as a false idea”. Tan truthfully say this, that even taken out of context these words seem to represent my opinions, questions, and restatement of facts and opinions in the public record with the exception of item #26 which I did not post, nor am responsible for. T beg Your Honor’s indulgence in this matter and in the interest of justice 1 petition you to dismiss the case before you as malicious prosecution and without merit. If you should not see fit to grant this then I request to be deposed in the Virgin Islands for reasons already made clear. I cannot afford the travel or time lost from my job nor the danger to my life. I fully expect that the FBI investigation into the actions of the individuals known and unknown will result in federal charges being filed and thus rendering moot the spurious charges brought forward by the lawyers of Odyssey Marine in this case