virginian: There is no evidence that Judge Lynch ever made such a statement. It's not in the court record.
The case did not go to a jury because Talbot failed to submit a Jury Demand to the court by the deadline for that to be submitted. He admits that in the request he submitted to the Judge, after the summary judgement, to have a jury trial, blaiming that failure on his distress caused by his wife's death.
Had he filed that demand on time, there is nothing the SEC or Judge could do to keep him from having that trial.
Besides that, a party in a civil suit can submit an affidavit about anything that party thinks is relevant to that case during the discovery process. The judge may wind up dismissing or not considering that information as relevant, for his/her diliberations, but the affidavit gets into the court records.
From here, I guess it is just best that we agree to disagree...
