- 167 - and (B). Approximately 1 year later, in May 1996, shortly before commencement of the evidentiary hearing, the indictment was dismissed. Mr. Izen testified at the commencement of the evidentiary hearing that the indictment had been a distraction that made it difficult for him to prepare for the evidentiary hearing, but that he had participated in discovery and was ready to go forward and participate in the evidentiary hearing on behalf of the test case petitioners. E. Pretrial Conference (July 1995) On July 17, 1995, the Court held a pretrial conference on the record for the purpose of addressing various issues, including the scheduling of the evidentiary hearing, identification of the parties who would participate in the evidentiary hearing, and scheduling of discovery. The Court also commented at the conference that the Thompson and Cravens settlements appeared to share some characteristics with so-called Mary Carter agreements. Respondent was represented at the conference by Mr. O'Neill and Mr. Dombrowski. During the conference, Mr. O'Neill questioned whether Mr. Izen should be disqualified as counsel because he would probably be called as a witness at the evidentiary hearing. During the conference, the Court questioned whether Mr. Dombrowski should represent respondent at thePage: Previous 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Next
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