Affidavit from Richard Perilli

1) On September 20 I was sitting next to with Mr. Galison (while driving together in the cab of my truck) while he had several phone conversations with Cynthia Herbst regarding an upcoming gig at the Tin Angel. I remember the discussion vividly because Mr. Galison was so disturbed by the conversations that we discussed the context of the conversations between and after the several phone calls.

2) I only heard Mr. Galison's side of the conversations, but he explained the context of the conversations and his responses were entirely consistent with the explanation he represented to me.

2) In the first conversation Mr. Galison expressed great surprise and disappointment when he was told that he would not be playing at the Tin Angel. Mr. Galison said that he had been expecting to play that gig ffor months and that he would show up to play with the opening act (Devon Greenwood), as he had promised- even if Ms. Peyroux had hired another guitarist. He was shocked and angry to hear that Ms. Peyroux's lwayer had been "authorized to issue a restraining order" against him and that the Tin Angel had been instructed not to let him enter.

3) Immediately after this exchange, at my suggestion, Mr. Galison called Ms. Herbst back and left a message saying that he had no intention of disrupting the concert, but that he would show up in order to guarantee that he would be paid and to play with the opening band.

4) In a subsequent conversation Mr. Galison reacted with shock and anger when Ms. Herbst told him that he would "not be paid under any circumstances". He asked Ms. Herbst what she would do if her client James Carter were told days before a gig that he had been replaced and would not be compensated. She told him that she would sue the employer, but that this case was different. Mr. Galison told Ms. Herbst that he might sue Ms. Peyroux if he was not paid for the Tin Angel gig. Ms. Herbst replied that Mr. Galison could not sue Ms. Herbst herself.

5) In a subsequent phone call, Mr. Galison asked Ms. Ms. Herbst why she told him that a restraining order had been issued against him. According to Mr. Galison, Ms. Herbst told him that she had in her hand a letter he had written admitting to abuse against Ms. Peyroux. Mr. Galison asked Ms. Herbst to read him the letter and after hearing a part of it he told Ms. Herbst that the opening paragraph of this letter was actually a literal transcription of an apology to him from Ms. Peyroux followed by a poem she wrote and could in no way be misconstrued as an apology from Mr. Galison if read in its context. He theorized that Ms. Peyroux had sent only the beginning of the letter to Ms. Herbst, attributed it to Mr. Galison and claimed it to be complete.

6) Later that evening, While Mr. Galison was in my home, Ms. Peyroux called Mr. Galison's parents and sister and claimed that Mr. Galison had threatened to "break up" the Tin Angel.

7) I was not present when he received this call, but according to Mr. Galison, the next morning he received a phone call from Ms. Peyroux, saying that he had been a great friend and partner and that she believed he should be paid for the Tin Angel gig. Mr. Galison was confused and extremely troubled by such strange behavior.

8) I hereby swear that the above statements are true.

Signed,

Richard Perilli

Sworn To Before Me

This       Day of January, 2005

Notary Public