Jerry and Patricia A. Dixon, et al - Page 84




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          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 the                   







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