Douglas L. Hadsell - Page 7




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               The Newport Police Evidence Officer, Detective David                      
          Thalman, delivered the papers to petitioner’s corrections                      
          counselor on June 17, 1997, and later filed a document with the                
          Court captioned:  “Return of Order From Newport, OR Police Dept.,              
          With Attached Inventory of Delivered Items”.                                   
               On July 7, 1997, petitioner informed respondent that none of              
          the documents returned by the Newport Police Department applied                
          to his Tax Court case and that he believed that the police had                 
          failed to turn over all of the documents in their possession.                  
               In a telephone conference between the parties and the Court               
          on July 28, 1997, petitioner stated that he had again reviewed                 
          the documents delivered by the Newport Police Department and                   
          believed that there were some documents relevant to the tax years              
          involved herein to which he wanted to stipulate.  The parties, by              
          way of an Order from the Court, were urged to meet in an attempt               
          to stipulate the documents to be submitted to the Court.                       
               In an effort to determine whether the authorities involved                
          with petitioner’s criminal case still had some of petitioner’s                 
          records in their possession, respondent, at the Court’s request,               
          obtained an affidavit from Mr. Stephen E. Dingle, who had acted                
          as a special prosecutor for the Lincoln County District                        
          Attorney’s Office when prosecuting petitioner’s State criminal                 
          case.  The affidavit, filed with the Court on August 4, 1997,                  






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