Austin B. Ewell, Jr. - Page 20

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               Petitioner contends that Belyea gave respondent                        
          substantially similar versions of Exhibit 9 3 months before                 
          trial.  Respondent’s counsel said that he saw prior versions of             
          Exhibit 9 more than 15 days before the trial session began, but             
          did not see a version of Exhibit 9 with the columns “COMMUNITY              
          CHECKING ACCOUNT BALANCE” and “COMBINED CHECKING ACCOUNT BALANCE”           
          until February 4, 1995.                                                     
               Petitioner contends that the data in Exhibit 9 is taken from           
          Exhibits 13-M and 10.  We disagree.  Exhibits 13-M and 10 are not           
          the source of the data in columns 11 (“COMMUNITY CHECKING ACCOUNT           
          BALANCE”), 13 (“A B EWELL SALARY & EXPENSE REIMBURSEMENT”), 14              
          (“A B EWELL SEPARATE PROPERTY CHECKING ACCT BALANCE”), and 15               
          (“COMBINED CHECKING ACCOUNT BALANCE”) of Exhibit 9.  Belyea said            
          that he gave respondent’s counsel the data on which he based                
          those columns 3 months before trial.  However, at trial, Belyea             
          could not identify the data on which he based columns 11, 13, 14,           
          and 15, which included the columns that respondent’s counsel                
          identified.                                                                 
               Exhibit 10 is apparently the source for column 7 of Exhibit            
          9, entitled “TRANS FROM COMMUNITY SAVINGS ACCOUNT”, but not for             
          any other columns.  We conclude that columns 1 to 6, 8 to 10, and           
          12 of Exhibit 9 are based on Exhibit 13-M, and that column 7 of             
          Exhibit 9 is based on Exhibit 10.  The rest of Exhibit 9 is not             







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