- 264 - 3. Mr. Alexander We have found that Mr. McWade and Mr. Alexander had an understanding before the trial of the test cases that the Alexanders' tax liabilities would be reduced in exchange for Mr. Alexander's informal assistance to Mr. McWade during the trial. We have also found that Mr. McWade allowed Mr. Alexander to present misleading testimony to the Court during the trial of the test cases in response to Mr. Izen's question whether Mr. Alexander had an agreement with Mr. McWade for the reduction of his tax liabilities. Although Judge Goffe was aware that Mr. Alexander was hostile towards Mr. Kersting and that Mr. Alexander had offered an affidavit to Mr. McWade regarding the Kersting programs, Judge Goffe, had he been informed of Mr. Alexander's understanding with Mr. McWade, might have precluded Mr. Alexander from testifying at the trial of the test cases or at least taken that understanding into account in weighing Mr. Alexander's credibility. Consequently, we must consider whether Mr. Alexander's testimony was material to the outcome in Dixon II. Mr. Alexander was called to testify in part to rebut Mr. Kersting's testimony regarding the First Savings transaction. Indeed, Mr. Alexander directly contradicted Mr. Kersting as to whether Federal regulators ever approved Investors Financial as a holding company for First Savings. While Judge Goffe concluded that Mr. Kersting was not a credible witness, our review of Dixon II convinces us that Mr. Kersting's lack of credibility was byPage: Previous 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Next
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