- 11 - hearing.5 On March 22, 2002, petitioner and his sister, Jeannie McLelland, attended the hearing. Among other things, petitioner and Ms. McLelland placed on the record of the hearing a statement that they had intended to call approximately 12 witnesses but that they were told by Mr. Penny before the hearing that their witnesses could not appear and testify. Mr. Penny acknowledged their statement and did not deny its accuracy, but he also reminded petitioner of his request for testimony in the form of affidavits under oath. During the hearing, Mr. Penny also explained that he had reviewed the information in petitioner’s case file and had verified that all applicable laws and administrative procedures governing the filing of a nominee NFTL had been met. During the hearing, petitioner argued that his deceased 5Petitioner did not raise any issue regarding Mr. Penny’s apparent prohibition of live testimony from witnesses at the hearing or at the trial before this Court. Petitioner did not argue in his trial memorandum or posttrial brief that the prohibition regarding live testimony deprived him of a fair hearing. Moreover, we note that, although Mr. Penny specifically requested, before the hearing, that petitioner bring to the hearing affidavits under oath from each of his siblings to document his claim that they own interests in the Claremore property, petitioner failed to do so. We conclude on these facts that the prohibition with regard to live testimony at the hearing did not deprive petitioner of the opportunity to present relevant testimony through affidavits under oath. Petitioner could have made a factual record in support of his position by submitting affidavits from his witnesses at the hearing, but petitioner failed to do so.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011