- 20 - 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 notPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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