- 42 -
of the test cases. In other words, each program in which the
Thompsons and Cravenses participated during the years in issue
was also a program before the Court in which one or more of the
other test case petitioners had participated.
IV. The Maui Session (February 1987)
After Messrs. Seery and McWade had selected the test cases,
they initiated settlement negotiations and began to prepare the
test cases for trial.23 Their trial preparations included work
on a proposed stipulation of facts and an attempt to take
Mr. Kersting's deposition. During this period (June 1986 or
thereabout), Mr. Seery and Mr. Kersting's attorney, L.T. Bradt
(Mr. Bradt), discussed using the 1981 search of Mr. Kersting's
office as a basis for filing a motion to shift the burden of
proof to respondent in the test cases.
A. Trial Notices
By letter dated July 30, 1986, Judge Goffe informed
Messrs. Seery and McWade that the test cases would be set for
trial during a special session of the Court commencing on
February 9, 1987, in Wailuku, Maui, Hawaii (the Maui session).
Judge Goffe's letter also informed Messrs. Seery and McWade that
he intended to notify each Kersting petitioner who had not filed
a piggyback agreement that his or her case would be set for trial
during the Maui session.
23 Settlement negotiations between Mr. McWade and Mr. Seery
are discussed in greater detail infra pp. 78-80.
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