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was assaulted on April 3 and May 3, 1997. Petitioner offered no
police report relating to the April 3 assault, or records showing
that he sought medical care on or soon after April 3 during the
4-1/2 weeks from April 3 to the time of trial. Petitioner did
not tell respondent that he had been assaulted in April until the
calendar call in Reno, and he did not tell respondent that he
could not meet the deadlines for giving documents to respondent
as he had agreed to do.
Petitioner offered no records showing that he sought medical
care on or soon after May 3. Petitioner offered no police report
relating to an assault on May 3, other than the citation in which
he was charged with misdemeanor battery for pepper-spraying a
resident of his building on May 4, 1997. On May 3, 1997,
immediately after one of the incidents, petitioner was able to
write and publish a newsletter for the residents of his building
in which he described the May assault.
The only medical evidence petitioner offered was a report
dated May 23, 1997, in which Dr. Steven A. Holper stated that
petitioner complained of ankle, knee, and arm pain and a headache
resulting from two assaults in April and May 1997. Dr. Holper
stated that petitioner appeared alert and oriented and was intact
neurologically, and that visual inspection of petitioner's skull
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