- 32 -
Perhaps most revealing, despite telling Hensley during the
second or third interview that he did not divulge the existence
of the cash hoard to his wife until after the first interview in
August 1992, petitioner testified that he initially told Sandra
about the money in July 1989, and that he had forgotten about
this earlier conversation. We find it unlikely that petitioner
would fail to recall such a conversation with Sandra, if it had
taken place, during his talks with Hensley. Petitioner and
Hensley had discussed earlier the purchase of the Corvette with
cash in a brown paper bag, a purchase that Sandra had witnessed
apparently without surprise.
In sum, we conclude that respondent has proven that
petitioner's testimony was irreconcilably and materially
inconsistent with his prior statements to respondent's agent.
b. The testimony of Perri Warren and Scott Shaw does not
convince the Court that petitioner had a significant
amount of cash on hand prior to 1989.
Ms. Warren, one of petitioner's best friends, claimed to
have observed an unusual amount of currency in a canister in
petitioner's bedroom at Howell Street in 1988 while in the
process of straightening up his room in preparation for a visit
of their landlord's mother. Based on petitioner's own testimony,
we have some reservations as to whether Ms. Warren actually had
access to petitioner's bedroom, in that petitioner testified that
he put a deadbolt lock on his bedroom door and did not leave his
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