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B. Mr. Thompson
Mr. Thompson appeared at the trial of the test cases and
produced eight pages of documents in response to the subpoena
duces tecum issued by Mr. McWade.54 The Government paid
Mr. Thompson's travel, food, and lodging expenses.
Mr. DeCastro conducted direct and redirect examinations of
Mr. Thompson. Mr. DeCastro questioned Mr. Thompson about his
participation in the acquisition of First Savings as well as the
Bauspar program to show that the Thompsons had financial dealings
with Mr. Kersting other than through the programs at issue in the
trial. Mr. Thompson testified that, following a forced merger
between First Savings and First Federal Savings of Honolulu,
Mr. Kersting returned the Thompsons' $20,000 initial investment
in First Savings. Mr. Thompson further testified that he lost
$80,000 in the Bauspar program.
Mr. McWade cross-examined Mr. Thompson. Mr. Thompson had
never met Mr. McWade until he was scheduled to testify. Pursuant
54 When Mr. McWade moved to have the Thompson documents
admitted as evidence during Mr. Thompson's testimony, Mr. Izen
objected on the grounds that he had not had an opportunity to
review them. Although Judge Goffe initially questioned whether
Mr. Izen should be permitted to object to the admission of the
Thompson documents, Mr. DeCastro indicated that he had no
objection. Judge Goffe then called a brief recess to allow
Mr. Izen to review the documents and indicated that he would
allow Mr. Izen to subject Mr. Thompson to a voir dire
examination. Following the recess, Mr. Izen raised a limited
objection to the admissibility of the documents insofar as they
contained statements of Mr. Kersting's opinion of the tax laws.
Judge Goffe overruled Mr. Izen's objection and admitted the
documents in evidence as respondent's exhibit SL. Mr. Izen was
allowed to cross-examine Mr. Thompson without limitation.
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