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checks prepared by the accountant who is central to the conflict
of interest dispute. Continuing in that vein, petitioners
contend that respondent is attempting to bolster his
determination by attempting to discover documents in petitioners’
possession.
The documents sought by respondent were initially acquired
by the office of the Orange County District Attorney (prosecuting
attorney) in connection with the investigation/prosecution of
petitioner. We surmise that the documents, in great part, were
acquired from Orange County and/or petitioner’s business which
performed contract services for the county. As part of the
pretrial process in the criminal case, the prosecuting attorney
selected approximately 10,000 pages of documents from the
significantly larger universe of documents acquired and held by
the prosecuting attorney. Those documents were selected based
upon the prosecuting attorney’s judgment that they were relevant
and/or discoverable in connection with the criminal proceeding
against petitioner. Each page of the selected documents was
Bates stamped and turned over to petitioner’s defense attorneys,
who, in turn, converted the documents into searchable electronic
media (PDF format using Adobe Acrobat software). The prosecuting
attorney also turned over two discs (CD-ROM) containing images of
the front and back of checks which had been scanned into
searchable electronic media.
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Last modified: May 25, 2011