The nature of the charge against STEVEN R. SMITH is perjury, false swearing by a witness, 720 ILCS 5/32-2(a), a Class 3 felony; see a People v. Hagopian, 343 Ill. App. 640, 99 N.E.2d 726 (1st Dist. 1951), 720 ILCS 5/11-20.1, a Class 3 felony. See true and correct copy of a false Affidavit of Steven R. Smith executed on January 22, 2010, http://www.filefront.com/15555423/scan0001.pdf
On December 23, 2009, Leo Stoller had a telephonic conversation with Mr. Steven Smith in which Steven Smith had admitted that “I know Judge Mason and she will not deal with your nonsense.” See paragraph five of the Affidavit. Now after Stoller had filed a Motion for Substitution of Judge Mary Ann Mason, Mr. Smith, on January 22, 2010, submittes a false Affidavit in support of Bank American’s Response to Plaintiff’s Motion for Substitution of Judge, falsely stating that Mr. Smith did not make that statement. The chances are that the fact Mr. Steven R. Smith made that admission that “I know Judge Mason and she will not deal with your nonsense!” may have had little impact on whether the newly assigned Judge who is ruling on Stoller's substitution motion would have removed Judge Mason as a result of Mr. Smith admission. However, now Mr. Steven R. Smith is being charged with perjury for lying under oath according to the charges in the petition. It is never necessary for lawyers to lie under oath but some lawyers are driven to show their client that they can win at any cost and are willing to jeopardies their case and their careers by lying under oath.
LEGAL DISCLAIMER: Illinois Attorney Steven R. Smith is considered innocent of all charges until proven guilty beyond a reasonable doubt.