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Jack testified on cross-examination that petitioner “cashed the
check and gave it to me.” Jack testified that he could not
recall what type of bills he received, although he “usually” got
$100 bills. He testified that he put the $135,000 cash in a safe
in his house and that to the best of his knowledge, $10,000 of
this cash was “used up” when petitioner purchased Murphy’s at the
end of 1992. Jack testified that he had been keeping cash in his
safe for 40 years and that he always paid cash for everything.
Petitioner’s testimony about these events was vague and
inconsistent. He initially testified that he did not recall the
amount of the check but in response to leading questions
testified that it was in the “range” of $130,000 to $135,000. He
initially testified that he was uncertain whether he had cashed
the check or not, but then testified that he knew that he had
signed the check and given it to Jack. On cross-examination, he
testified that “I suppose” that Jack cashed the check.
Petitioner testified that he did not remember whether he was
present when Jack cashed the check or whether he went with Jack
to put the money in Jack’s safe. He testified that as far as he
knew, the money was still in Jack’s safe as of the time of the
trial.6
6 On cross-examination, petitioner testified as follows:
Q. * * * you’re testifying that in December of ‘93-–
(continued...)
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