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petitioner and beating her head against the garage wall.
Petitioner divorced Griffith in December of 1988.
From June of 1980 through June of 1986, petitioner was
employed by Republic Airlines (Republic) in Memphis, Tennessee.
Petitioner was responsible for collecting liquor sales money from
a safe at the Memphis Airport where flight attendants made cash
deposits after landing.
In November of 1988, a month before petitioner's divorce
from Griffith was final, he notified Republic that petitioner had
in the past embezzled funds.3 Republic did not press charges but
did inform the Internal Revenue Service (IRS). Thereafter, in
May of 1989, the Criminal Investigation Department (CID) of the
IRS began auditing petitioner's tax returns for 1984 and 1985.
In June of 1989, Special Agents Robert Johnson (Agent Johnson or
the agent) and Catherine Parr went to petitioner's current work
place. Agent Johnson told petitioner that he was conducting a
criminal investigation of her tax liability and that he needed to
question her regarding such matter. Petitioner agreed to meet
with him to review her tax and bank records, provided her
attorney, Kemper Durand (Durand), was present. Thereafter, Agent
Johnson and Durand spoke on several occasions regarding the
investigation, but Johnson did not try again to speak with
petitioner. In July of 1989, the agent requested a power of
attorney from Durand on behalf of petitioner, which he received 1
3 The embezzlement had stopped years before. In fact,
petitioner had left Republic in good graces in 1986.
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