- 11 - The only withdrawal of funds that can be connected to Mr. Judy is in the amount of $24,806.83. Petitioner attempts to avoid the consequences of failing to corroborate his testimony. He argues that at trial he was prepared properly to introduce in evidence bank documents establishing Mr. Judy’s cash withdrawals, “but was not advised to by the Court or the Respondent at that time”. “The Court was aware of these records in my possession during the November 6, 1995 Hearing, but were never asked for.” What actually occurred at trial was that when petitioner adverted to certain bank records in his possession we asked him whether he had shown them to respondent. He replied that he had not. We instructed him to show his documents to respondent so that they could be included in a supplemental stipulation; under these conditions, we said, we would consider accepting them as evidence. Petitioner then qualified his offer, stating that he was unable to obtain most of the records because the banks “weren’t required to keep records that far back”. Petitioner did not follow the Court’s suggestion. Nor was petitioner unaware of the regular procedures for the introduction of documentary evidence. He received service of the Court’s Standing Pretrial Order; he participated in the preparation of a stipulation relating to joint exhibits; he had already successfully introduced two exhibits into evidence before the colloquy described above took place.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011