Jerry and Patricia A. Dixon, et al - Page 95




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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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