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Petitioner testified that he subpoenaed Detective Menzies in
order to obtain his “tax records” which were in the possession of
the Newport Police Department. Petitioner claimed that the
Newport Police Department had two boxes of his “tax records”
which could substantiate, among other things, petitioner’s work-
related expenses claimed for the years at issue.
In the first subpoena, petitioner directed that Detective
Menzies, who at one time was custodian of the Newport Police
evidence locker,3 appear at trial and bring with him:
Two (2) cardboard boxes with Miscelaneous [sic] Papers
that you seized and described in Your Return to Search
Warrant dated January 9th, 1992. And each and every
item made from paper and/or paper products, including
Reciepts [sic], photocopies, envelopes, photographs,
Letters, Correspondences, Tax Papers, Books, Magazines,
Folders, and all other things that you siezed [sic]
made of paper or paper products.
The second and third subpoenas were served on Zong Yan Yu
and Lai Fong Lee in order to establish: (1) Petitioner’s
marriage; and (2) petitioner’s wage income at Lai Fong Inn,
respectively.
Petitioner contended in Hadsell I that the Court’s failure
to enforce the subpoenas, despite the fact that he failed to
tender the required mileage and witness fees, violated his
3 The Court was informed at trial in Hadsell I on Oct.
14, 1993, that Detective Menzies no longer worked for the Newport
Police Department and therefore was no longer the custodian of
the records subpoenaed by petitioner.
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