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before the trial. Mr. Kersting was concerned that Mr. Cravens'
settlement would affect his testimony. Mr. Cravens told
Mr. DeCastro that he was representing himself at the trial
because he had settled and did not need to incur the legal
expense. Mr. Cravens was uncertain whether he informed Mr. Izen
of his settlement.
Mr. Cravens understood that he would testify at the trial of
the test cases "that I sold the stock and received a profit off
the stock, and * * * that I paid taxes on the sale of the stock."
These are the two reasons he recalls being selected as a test
case by Mr. Seery. Mr. Cravens assured Mr. Kersting that he was
going to testify truthfully regardless of his settlement.
Between the time of his December 1986 settlement and the
trial of the test cases in January 1989, Mr. Cravens received
"reams of documents" relating to the trial that he paid no
attention to and did not question. Before the trial of the test
cases, Mr. Cravens did not know the identities of the remaining
test case petitioners. Mr. Cravens had never met any of the
other test case petitioners, and he never participated in any
joint strategy sessions to prepare for trial. Mr. Cravens did
not understand the difference between being a witness and
allowing his case to serve as a test case.
Upon his arrival in Hawaii, Mr. Cravens met Mr. McWade in
person for the first time. Until Mr. Cravens arrived at the
trial, he was not sure of his exact role in the process, although
he believed that his testimony would be very important to the
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