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was a mole or plant who passed Mr. Izen's trial strategy to
Messrs. Sims or McWade.
Mr. Izen denied having personal knowledge, at the time that
Messrs. Thompson and Cravens testified at the trial of the test
cases, that Messrs. Thompson and Cravens had entered into
settlement agreements with Mr. McWade.
B. Mr. Sticht's Allegations of Potential Witness Intimidation
During the evidentiary hearing, following the testimony of
Lois Fisher (Ms. Fisher) on June 12, 1996, Mr. Sticht made the
following statement to the Court:
But if there's any intention to obstruct or
interfere with the presentation of any of my clients'
cases in this trial, in this courtroom, or even to
interfere with their presentation by outside
harassment, intimidation or other means that are
normally used to influence or attempt to influence the
independent presentation of the case in any trial, and
I want to go on record today, stating that I reserve
the right to revisit this day in much the same way that
has been alleged in the past with respect to the 1989
trial.
* * * * * * *
So, I will also state to the Court, along these
lines, and I use Ms. Fisher as the segue to this final
point, that at least two, possibly three of my clients,
have received what I believe are properly characterized
as potential intimidation for their presentation of
this case. Now, that is something I'm going to leave
at that point, without specifics and details, today.
Following Mr. Sticht's remarks, the Court stated that, while the
Court would respect Mr. Sticht's request not to pursue the matter
immediately, Mr. Sticht was "obligated to put it to rest or to
present it in a way that will enable it to be resolved".
Mr. Sticht did not return to the subject of potential witness
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