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outcome. Mr. Cravens became surprised and suspicious when
Mr. McWade told him that he would receive a refund of the money
he had paid pursuant to his settlement if the petitioners in test
cases prevailed at trial. Mr. Cravens was not prepared for this
"change" in his settlement. Mr. Cravens asked Mr. McWade about
the change, but did not get a satisfactory answer. Mr. Cravens
had the impression that Mr. McWade did not want to discuss the
subject. Mr. Cravens denied that he had an added incentive to
testify at the trial because he was told he could get his money
back if the taxpayers won. He thought that all he could do was
testify truthfully to the matters that had caused his case to be
selected as a test case.
Mr. Cravens recalled that Mr. DeCastro's demeanor outside
the courtroom was "very anti-taxpayer * * * at least Kersting
taxpayers." Mr. Cravens had lunch with Mr. McWade and a group of
other persons before testifying at the trial of the test cases.
The group did not discuss Mr. Cravens' testimony during lunch.
After lunch, Mr. McWade informed Mr. Cravens that he would have
to make a statement to the Court because he was not represented
by an attorney who could ask him questions. Mr. McWade did not
tell Mr. Cravens what to say in his statement to the Court, or
how to respond to Mr. McWade's questions.
2. Mr. Thompson
Mr. Thompson appeared at the evidentiary hearing and
testified that he retained Mr. DeCastro to negotiate a settlement
in his tax cases and that it was his understanding in December
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