Jose “Chille” DeCastro filed his initial briefing in his appeal of the dismissal of his Ironton, Ohio, based federal civil rights lawsuit.

In his filing, DeCastro repeated claims he made in his motion for reconsideration that the clock on the wall in the Ironton City Hall was “fast” and police arrested him before the building was actually closed.

While he did not repeat his previous claims that a forensic expert could prove the discrepancy between the clock in the building and YouTube’s “atomic clock,” he did introduce the statement that workers in the building were aware that the clock was set to the wrong time.

In DeCastro’s version of events, if the clock was wrong then the building was not closed when then Ironton, Ohio, police chief Pam Wagner asked him to leave the building and thus, the trespassing arrest was invalid.

While DeCastro did not present this theory until after his lawsuit had been dismissed, he is asking the court to overrule the lower Court’s decision and force the lower court to accept a newly amended complaint featuring the new argument.

DeCastro also asked for the court to force the recusal of Judge Michael Bennett, who handled the lower court case. DeCastro has publicly accused Judge Bennet of being involved in a conspiracy of judges working against him in the Ohio area.

The defense’s response to DeCastro’s briefing is due in early February.