Problem with springing up a surprise witness at the last minute is that you probably didn’t vet him yourself.

Earl Mack, Jr., the Deputy Director of the Ohio Department of Homeland Security who testified that he sort of maybe implied from his boss that he thought that ODPS wanted to leak a classified report on the security of the Governor’s Mansion in a plot that would have only resulted in ODPS employees being federally charged sued the Ohio Department of Public Safety… recently.

In the action of Mack v. Dwight Holcomb, et. al, U.S. District Court-N.D. Ohio Case No. 3:06-cv-07028-JGC, Mack sued the ODPS and the Ohio DAS in 2006.  The agency won a motion to dismiss the suit on July 12, 2006.

In 1993, Mack then sued the Ohio Department of Liquor Control alleging his was a victim racially-based employment discrimination.  (Case No.3:93-cv-07084-DAK).  The Ohio Liquor Control was dismissed as a party on Nov. 5, 1993.

Another problem with Mack’s credibility is that he testified that he was relying on a document he created around April 22nd to refresh his memory over a lunch he had allegedly on March 8th.