A previously unpublished legal declaration made under oath in July by the son of Fresno Unified Trustee Keshia Thomas contradicts a statement he gave news media Thursday detailing how his mom came to say that former Bullard High football coach Don Arax called her son the N-word.

Thomas is the defendant in a defamation suit brought by Arax.

On Thursday night, GV Wire acquired a legal declaration made by Albert Alford, Jr. in connection with Arax’s lawsuit, saying that he never told his mom about Arax using a racial slur.

“At no time did Coach Don Arax ever call me the word ‘n—–,’ ‘n—-,’ the ‘N-word,’ or any other racial slur. I never heard Coach Arax use any racial slur or make any derogatory or racially offensive remark about me,” Alford’s declaration states. “At no time did I ever tell anyone, including Keshia Thomas, that Coach Arax used a racial slur against me.”

That contradicts the statement provided earlier Thursday evening by Alford’s attorney, Michael Hergenroether, in which Alford said he had lied. Hergenroether would not provide further comment Friday.

In that public statement published by GV Wire Thursday, Alford took the blame for telling his mom a lie about Arax, saying he co-opted another boy’s story in 2013, when he was 14 years old, and told his mom about it. “I told my mom that I heard Coach Arax use the N-word, not about me, just that I’d heard him say it, even though that wasn’t true,” the statement said.

Arax’s Attorney Speaks Out

In a statement sent Friday to GV Wire after this article originally published, attorney Brian Whelan said he released the declaration so that people could see the evidence for themselves.

“What Mr. Alford told the press late last night does not match the declaration he signed under penalty of perjury while represented by his own lawyer,” Whelan said.

He said the timing of Alford’s statement was also hard to ignore, coming “immediately” after Thomas agreed to withdraw her defenses that her comments about Arax were truthful or that they were protected by conditional privilege.

Alford’s statement Thursday also came after the district indicated it would consider no longer funding Thomas’ legal defense.

“Coach Arax has lived with this false accusation for more than four years, while Fresno Unified republished it thousands of times to its own employees,” Whelan said. “The damage to Coach Arax’s name and reputation has been enormous. He is ready for his day in court — to clear his name and hold all responsible parties accountable.”

Declaration Rapidly Changed Events in Keshia Thomas Defamation Suit

Alford’s legal declaration in July set many events in motion regarding the defamation suit.

While that document suggesting that Thomas had fabricated the racist slur accusation was not published in the court record, her attorneys in another filing agreed on her behalf to withdraw her defenses in the defamation case.

That withdrawal of defenses included any claim that her accusation of Arax using a racial slur was truthful.

Attorney Roger Bonakdar, who has no connection to the case, told GV Wire that Thomas‘ withdrawal of her defenses could lead to a “nuclear verdict.” The declaration comes more than a year after Thomas in sworn testimony said Arax used a racial slur against her son.

Related Story: Update: Fresno Unified May Drop Keshia Thomas’ Legal Coverage in Arax ...

Thomas originally accused Arax of using the slur in a live, recorded broadcast of “Unfiltered,” a show hosted by GV Wire Publisher Darius Assemi.

On Thursday, a new wrinkle developed when Fresno Unified issued a clarification to news media on comments that board president Veva Islas had made to GV Wire that the district would not pay for Thomas’ legal fees going forward. The clarification specified that the board would need to vote on whether to continue covering her legal fees.

“The Board agreed to pay Trustee Thomas’s legal fees prior to any knowledge that there was a conflict between her original statement and the information shared during her subsequent deposition and a declaration from her son. At no time has the board agreed to indemnification. By indemnification, we mean that neither the board nor the district will cover any payment for judgment against her. Any change in the district direction regarding continued coverage of her legal fees would require continued discussion and action by the board. The board will revisit this case after mediation, which is scheduled for August 31st,” Islas told GV Wire Thursday evening in a statement.

Alford’s Declaration