John Michael Kernan - Page 5

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          December 1995.  One of the reasons petitioner became interested             
          in the contract with Josten's at Memphis was that it would lessen           
          the distance between Austin, Texas, and Knoxville, Tennessee.               
          His expectation was that the relationship with the young lady,              
          whom petitioner referred to as his "girlfriend", would become               
          permanent.  As petitioner described it at trial:                            

               I had started dating a girl in Knoxville in December of '95,           
               and * * * wanted to try and make more of the distance                  
               between Knoxville and Austin, and so * * * when this                   
               opportunity * * * came up, * * * I was talking with her                
               regarding it.  * * * basically, the understanding was that *           
               * * I'll accept it if we want to give this a shot.  You                
               know, basically, I'll live with her and move into Knoxville,           
               make the commute, and then hopefully find * * * work * * *             
               in Knoxville.                                                          

          Petitioner moved in with his girlfriend at Knoxville, Tennessee,            
          on March 28, 1996, and began his contract with Josten's at                  
          Memphis, Tennessee, on April 1, 1996.  He commuted on weekends to           
          Knoxville.  During the week, petitioner rented an apartment in              
          Memphis.  The arrangement between petitioner and his girlfriend             
          was that petitioner paid the rent on the apartment they shared in           
          Knoxville, and his girlfriend paid the utilities and telephone              
          expenses.  Petitioner was not a party to the rental contract on             
          the apartment, nor was there any written agreement between                  
          petitioner and his girlfriend with respect to their living                  

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