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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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