AFFIDAVIT OF MICHAEL KELMAN PORTNEY IN THE DISTRICT COURT OF CASCADE COUNTY EIGHTH JUDICIAL DISTRICT OF THE STATE OF MONTANA Cause No. DDR-25-50
AFFIDAVIT OF MICHAEL K. PORTNEY
IN THE DISTRICT COURT OF CASCADE COUNTY EIGHTH JUDICIAL DISTRICT OF THE STATE OF MONTANA Cause No. DDR-25-50
I, Michael K. Portney, hereby declare under penalty of perjury the following:
I. PERSONAL INFORMATION
My name is Michael K. Portney. I am the respondent in the above-captioned matter.
I am over 18 years of age, legally competent to testify, and all statements herein are based on my personal knowledge unless otherwise indicated.
I am diagnosed with autism spectrum disorder, which materially affects my ability to navigate vague or ambiguous legal processes. I rely on formal clarity and timely notice to exercise my legal rights.
II. PROCEDURAL BACKGROUND
I planned to travel to Great Falls, MT from Portland, Oregon on January 29, 2025.
The purpose of this travel was to obtain several diaries written by my aunt Natalee H. Kelman (deceased), which are of relevance to an investigation into fraud perpetrated by the petitioner and her two children on Natalee, her estate, her nieces and nephews, and others.
To ensure my safety—due to threats posed by David Kelman, a felon working in a firearms business—I communicated my travel plans only with the witnesses I planned to meet in Great Falls, and my brother Scott Kelman Portney.
Scott alerted our mother Abby Kelman Portney, the petitioner’s daughter, of my travel plans.
As per the petitioner’s sworn statement, Abby alerted the petitioner, my grandmother Evelyn Kelman. The record reflects that at that time, they began coordinating a strategy to discredit me and prevent me from collecting further evidence against them.
On January 29, 2025, Evelyn Kelman obtained an ex parte Temporary Order of Protection.
To obtain this order, Evelyn was required to fill out a petition with the following question: “Did the respondent use a gun, threaten to use a gun, or any other weapon?” Evelyn responded by introducing a text message into the record which I had sent to a third party, Jorden Kirkhart, where I used the euphemism “crime scene” to refer to the American Music building at 206 2nd St S as an address that connected to suspicious paperwork. I was referring to a potential law enforcement presence on the property.
Evelyn received this text message from Abby Kelman Portney, who explicitly sent it to her to use against me in the petition, as evidenced by Abby’s own words in the text message screenshot.
Evelyn and Abby manufactured evidence that would allow Evelyn to avoid honestly answering “Did the respondent use a gun, threaten to use a gun, or any other weapon?” Instead of answering yes or no, since the answer was no, they cherrypicked a screenshot that might help the judge get to yes by implication.
Despite the screenshot’s limitations, the court proceeded with the hearing.
Evelyn committed perjury when she swore that the answer to the gun threat was anything other than “no”.
Evelyn perjured herself again in the “Past Abuse” section when she claimed I had “invented a conspiracy in my mind”. She was aware that I was credibly investigating RICO level activity and preparing to become a whistleblower on Kelman family financial activities.
My grandfather, Zollie Kelman (deceased), had a documented history of involvement in organized criminal activity in the Great Falls area. That history—along with the current behavior of Evelyn and her children—forms part of a longer pattern I’ve been actively investigating, and which I believe remains relevant today.
The Kelman family response to my whistleblowing is indicative that this criminal organization is still active.
The only thing Evelyn possibly feared was that I was collecting evidence of wrongdoing by her and her two living children, and that is reflected in the record.
Nothing submitted to the court rises to the level of a threat or harassment in any jurisdiction in the United States.
The evidence submitted clearly showed I was pursuing a legal case involving her family.
Evelyn’s request for protection was notarized on the morning of January 29 at Stockman Bank by my cousin, Cortney Kelman Day—David Kelman’s daughter. Under Montana Code Annotated § 1-5-608, a notary public may not perform a notarial act if they have a conflict of interest. This demonstrates the Kelman family using conflicted insiders to affect legal proceedings, which was a recurring theme in my investigation.
That same morning, I arrived at the Portland airport and passed through security without incident. I texted Cortney from the gate and invited her to meet and review my evidence. She declined and told me she already knew I was coming but would not reveal how. When I pressed further, she accused me of manipulation.
Having recently studied “The Art of War”, I recognized that if my hostile family knew of my arrival, the airport would be the most vulnerable choke point—an opportunity to stage an encounter or detainment. This strategic insight, combined with real-time events, caused me to conclude that boarding the flight posed an unacceptable risk.
Due to my compromised security, I opted out of the flight five minutes before boarding.
When I came to the realization I was being set up, my nervous system became so activated as a result of diagnoses autism that I was unable to remove my “I have autism” card from my wallet to provide to the gate agent to help me cancel the flight. I carry this card specifically for emergency situations when my ability to communicate is compromised by neurological stress.
I told the gate agent “I just realized I’m in danger if I go where I’m going.”
As I left the airport, my housekeeper contacted me and asked why my mother wanted her to search my house for a gun. She provided me with a screenshot of a text message where Abby acknowledged that she and I had previously sold a gun together but instructed the housekeeper to search anyway.
Abby knew that residual evidence of former gun ownership, such as ammunition, existed and would likely be found and reported.
I have reason to believe the first attempt at service was made by Cascade County Sheriff at the Great Falls airport on January 29, 2025, when I was originally scheduled to arrive.
A hearing was originally scheduled for February 11, 2025, at 8:30 a.m., with an expiration set for 11:59 p.m. that same day.
I did not board the flight, and thus could not be served at the airport. No known service efforts occurred in my state before the February 11 expiration.
No hearing occurred on February 11.
On February 13, Judge Parker continued the expired order to February 21.
Continuing an expired order was legally improper.
On February 14, the court sent certified mail to my Oregon address, ordering me to appear on February 21.
I did not receive that envelope until Saturday, February 22—the day after the hearing. It was postmarked February 14.
This was the first formal notice I received of the hearing. By that time, it had already occurred.
Given that this was certified mail, the Clerk of Courts would have had access to delivery tracking information.
The Clerk of Courts has not produced any such proof of service for either of Judge Parker’s orders.
There is no documentation proving that this service was completed in time or qualifies as effective service.
Despite lacking proof of service, the court proceeded with the hearing.
To have attended a February 21 hearing, I would have needed notice by February 20 at the latest.
Because I was not properly served, I did not appear. The court therefore lacked personal jurisdiction over me.
Had I received timely notice, I would have appeared and defended myself.
During the hearing, Evelyn requested that I be apprehended in Oregon. This appeared to be an attempt to contain and discredit me and my legal case rather than a sincere expression of fear.
Judge Parker acknowledged he had no jurisdiction over me in Oregon. At that point, he also lacked jurisdiction over me in Montana, as I had never been properly served, nor had I visited Montana.
At the February 21 hearing, the court permitted Ms. McWilliams—who was not sworn in as a witness—to provide speculative and defamatory statements about my mental health and intentions. The record shows that instead of translating for Evelyn as Judge Parker requested, McWilliams seized the opportunity to editorialize. These unsworn remarks, which she volunteered to the court, were treated as evidentiary input despite violating Montana Rules of Evidence and basic due process protections. This procedural failure alone renders the hearing constitutionally defective, and may constitute a violation of the ADA
Given that Evelyn was already aware of my autism diagnosis, this suggests an attempt to weaponize my condition in court, which would also be a violation of the ADA
As an individual with autism, I sometimes communicate in ways others may find peculiar or intense, but never in a manner outside of First Amendment protections.
Ms. McWilliams defamed me and potentially biased the court against me. Evelyn compounded this by repeatedly claiming I “needed help” despite knowing of my diagnosis. These statements were defamatory, and may constitute violations of the ADA.
Judge Parker stated he reviewed the documentation submitted, which included his own expired order, no credible threats, Evelyn declining to answer the “gun question” in the affirmative, no service, and third party generated text messages, yet he proceeded anyway.
Evelyn perjured herself by claiming she feared me in a physical safety context as opposed to a legal context, and by swearing that all her evidence was true.
If I had genuinely threatened Evelyn, Abby would not have needed to help her fabricate or curate evidence.
Despite lacking jurisdiction, due process, or credible threat, Judge Parker issued a firearm prohibition—violating my Second Amendment rights.
I do not own a firearm, but I remain protective of all my rights.
The court’s actions violated my constitutional rights. Evelyn Kelman and her family abused the legal process.
On July 7, 2025, Cascade County Clerk Tina Henry confirmed there was no certificate of service on record and provided me with an affidavit of non-service from the Multnomah County Sheriff’s Office.
That affidavit shows no paperwork was delivered to Oregon authorities until February 25—four days after the hearing.
The first and only attempt at personal service was made by the Multnomah County Sheriff’s Office on March 3, 2025. I responded through my Ring doorbell system and informed the officer that I was not home, but that he was welcome to leave any documents. He inquired about when I would return. I stated that I do not open the door for unannounced law enforcement without a warrant, as is my Fourth Amendment right, and then invoked my right to remain silent.
Around March 6, David Kelman began contacting relatives from my other side of the family, falsely claiming I needed 911 assistance. This defamatory behavior appears to be an extrajudicial attempt to trigger a welfare check or serve me by force.
The Multnomah County Sheriff returned the affidavit unserved on March 7, 2025.
The Cascade County Clerk logged the case as “TOP Not Served” on March 12, 2025.
USPS delivery from Cascade County to my Oregon address consistently takes seven or more days. A letter postmarked February 14 and received February 22 could not have given me any reasonable opportunity to attend the hearing.
I was denied notice and the opportunity to be heard. I was unable to present evidence, contest the allegations, or protect my rights.
My absence was then used to issue an order against me—despite the court’s lack of jurisdiction.
Holding a hearing without service violated my constitutional rights under the U.S. Constitution (14th Amendment) and the Montana Constitution (Art. II §17), which guarantees due process.
It also violated Mont. Code Ann. § 40-15-202(1), which requires service before a TOP hearing.
The lack of service renders the February 21 hearing void ab initio and any resulting order constitutionally and procedurally defective.
In mid-June, I informed Abby that I had sufficient evidence to pursue legal action against her, Evelyn, David, and the State of Montana for abuse of legal process.
Abby subsequently encouraged Evelyn to dismiss the order.
On June 20, Evelyn filed to have the order dismissed and sealed. She swore under oath that “Defendant has had no contact with me.” This was categorically false.
Evelyn contacted me via Facebook and text on April 8 to wish me a happy birthday.
Her outreach contradicts any assertion of fear. I responded, “You are supposed to be scared of me. That’s the entire premise you pitched to the judge. So if it’s not true you should go tell him you’re not scared.” “I believe in our Criminal Justice System it's not some mockery for you to perjure and abuse the system for your own ridiculous gain.” “Your behavior is absolutely offensive to me and I don’t want any part of it.”
My reply did not violate the court order. I had never entered Montana, was not served, and no valid jurisdiction had been established.
Evelyn perjured herself by claiming under oath there had been no contact.
The petitioner’s actions caused the court to repeatedly violate my Constitutional rights: The Second, Fourth, Fifth, and Fourteenth Amendments.
On July 18, 2025, Judge Parker responded to Evelyn’s request to dismiss and seal the case by dismissing the motion and quashing the case.
On July 19, 2025, I saw that the case had been removed from the Cascade County online portal.
I contacted Cascade County Clerk of Court Tina Henry who told me that the case had been sealed.
When I asked her for the sealing order, she referred me to the order to quash, and represented that the title of Evelyn’s motion “Dismissal of Temporary Order of Protection + Seal Case” was Judge Parker’s order to seal
The case was sealed improperly.
I requested an explanation in writing as an accommodation under the Americans With Disabilities act, and the clerk and court chose not to respond.
Michael Kelman Portney
