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BEFORE THE COMMISSION ON JUDICIAL DISCIPLINE
STATE OF NEVADA
In the Matter of the
HONORABLE GARY J. DAVIS,
Municipal Court Judge for the City of
North Las Vegas, County of Clark,
State of Nevada,
Respondent.
CASE NO.: 9502-107
____________________________________)
FINDINGS OF FACT, CONCLUSIONS OF LAW,
DECISION AND IMPOSITION OF DISCIPLINE
The above-entitled matter having come on for hearing on November 2-3, 1995,
before the Nevada Commission on Judicial Discipline, Frank J. Cremen appearing
as Special Prosecutor for the State of Nevada Commission on Judicial Discipline,
and Michael D. Davidson appearing as attorney for the Respondent.
After hearing the allegations and proofs of the parties, the arguments of
counsel and having considered the evidence introduced by both parties and being
fully advised, the Commission states that this proceeding was a Formal Hearing
pursuant to the Administrative and Procedural Rules for the Nevada Commission on
Judicial Discipline for the purpose of determining whether the acts and conduct
of the Respondent warrant the imposition of discipline. The Commission makes the
following Findings of Fact, Conclusions of Law, and Imposition of Discipline
which constitute the Decision of the Commission in this matter.
Findings of Fact
The Commission finds that the legal evidence presented by the Special
Prosecutor at the Formal Hearing clearly and convincingly established each of
the facts hereafter set forth in Paragraphs 1-10 of these Findings of Facts.
- Respondent is a Municipal Court Judge for the City of North Las Vegas,
County of Clark, State of Nevada. That while serving in said capacity,
Respondent borrowed money from court employees, including but not limited to,
Marilyn Bell, on January 24, 1985, the sum of $2,500.00; Linda Stiles, in
August of 1993, the sum of $500.00; Don Cola, in August of 1993, the sum of
$450.00; and Georgia Nunez, on repeated occasions, various sums including the
sum of $500.00 on September 11, 1992, the sum of $260.00 on June 7, 1991, and
the sum of $100.00 on February 21, 1991. Respondent on several occasions did
not promptly repay the loans and the employees were forced to make oral and/or
written demands for payment.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, on or about
August 5, 1994, publicly endorsed and campaigned for Robert Archie, a
candidate for judicial office in City of North Las Vegas; and willfully and
deliberately testified falsely that he only went to houses where he knew the
residents when going door-to-door campaigning for Robert Archie.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
years of 1981 through 1993, conducted a personal business from his judicial
chambers in the North Las Vegas Municipal Court building by storing antiques
throughout the courthouse and selling those antiques to persons with whom he
came in contact at the courthouse. He also directed City employees and jail
trustees to move antiques into and out of the courthouse.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
years of 1981 through 1983, delivered his personal checks to the Office of the
Clerk of the Court and took cash from fines collected through the court,
utilizing those funds for his own benefit for several days and thereafter
redeeming his personal check from the Clerk of the Court; and that this
procedure was stopped during the early 1980's.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
years of 1991 through 1993, caused to be played from a juke box which he
maintained in his chambers in the North Las Vegas Municipal Court building,
inappropriate songs such "Jail House Rock" and other songs related to being in
prison or jail in the presence of prisoners waiting for arraignment before the
court.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
dates of December 9, 1992 and February 23, 1993, took Georgia Nunez who worked
in the Clerk's Office of the North Las Vegas Municipal Court, and two
uniformed court marshals to the automobile sales business of Friendly Ford in
Las Vegas, Nevada, and berated and intimidated an employee of that company
because he was angry at not having yet received automobiles ordered for the
court by the City of North Las Vegas; and he threatened that employee with
never purchasing another vehicle from Friendly Ford.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
years 1981 and 1993, on multiple occasions, directed court employees,
including but not limited to, Georgia Nunez and Linda Roybal, during normal
business hours of the court, to leave the North Las Vegas Municipal Court
premises and go to the nursery business owned by his mother to provide Spanish
translating services, and directed other court employees, including Don Cola
and Linda Stiles, to perform other personal errands for him during court
hours; and that Respondent directed court personnel to chauffeur him to and
from his home and to transport him during normal business hours for various
purposes including but not limited to antique shopping.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, between the
dates March, 1991 and February, 1992, directed or suggested to persons
appearing before the North Las Vegas Municipal Court who had been found guilty
by that court of crimes, to contribute money to certain charities in lieu of
paying fines to the City of North Las Vegas, thereby diverting money from the
City Treasury of North Las Vegas, which diversion was ordered partially for
the purpose of enhancing his electability.
- That Respondent, while serving in the capacity of a Municipal Court Judge
for the City of North Las Vegas, County of Clark, State of Nevada, commencing
in December of 1993 and continuously thereafter, knowingly willfully and
deliberately used property owned in part by him in North Las Vegas, Nevada
that was zoned for residential purposes for commercial purposes, after having
been personally advised in writing by the Community Planning and Development
Department of the City of North Las Vegas on July 14, 1993 of the proper
zoning for that property; and further, in conjunction with his commercial uses
of this property, knowingly willfully and deliberately caused his agents to
trespass on the property of the adjoining property owner for the purpose of
hooking up water and sewer lines; that Judge Davis willfully and deliberately
testified falsely before the Commission at the Probable Cause Hearing held
August 3, 1995 in an attempt to mislead it, regarding who owned the trees
stored at the Craig Road property in which he was a part owner.
- That Respondent, while testifying at the Formal Hearing on November 3,
1995, wrongfully asserted his Fifth Amendment right by refusing to answer
simple, non-incriminating questions posed by the Commission's Special
Prosecutor, Frank Cremen. Respondent's behavior and attitude displayed when
called to testify at the Formal Hearing was both contumacious and
contemptuous.
From the above facts, the Commission concludes:
Conclusions of Law
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 1 of the Findings of Fact, violated ARJD 11(3) and:
a. Canon 4(D)(1)(a) which provides that a
judge shall not engage in financial and business dealings that may reasonably
be perceived to exploit the judge's judicial position.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 2 of the Findings of Fact, violated ARJD 11(3) and:
a. Canon 5(A)(1)(b) which provides that a judge
shall not publicly endorse or publicly oppose another candidate for public
office.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 3 of the Findings of Fact, violated ARJD 11(3) and:
a. Canon 2 which provides that a judge shall
avoid impropriety and the appearance of impropriety in all of the judge's
activities; and
b. Canon 4(D)(1)(a) which provides that a judge
shall not engage in financial and business dealings that may reasonably be
perceived to exploit the judge's judicial position.
- The Commission unanimously concludes that since the matters set forth in
Paragraph 4 of the Findings of Fact were timely corrected when brought to the
attention of court personnel that a finding of a violation of the Nevada Code
of Judicial Conduct is not warranted.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 5 of the Findings of Fact shows poor judgment and is
inappropriate, but that the Nevada Code of Judicial Conduct was not violated.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 6 of the Findings of Fact, violated ARJD 11(3) and:
a. Canon 2 which provides that a judge shall
avoid impropriety and the appearance of impropriety in all of the judge's
activities.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 7 of the Findings of Fact, violated ARJD 11(3) and:
a. Canon 2 which provides that a judge shall
avoid impropriety and the appearance of impropriety in all of the judge's
activities;
b. Canon 2(A) which provides that a judge shall
respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary;
c. Canon 4(A)(2) which provides that a judge shall
conduct all of the judge's extra-judicial activities so that they do not
demean the judicial office; and
d. Canon 4(A)(3) which provides that a judge shall
conduct all of the judge's extra-judicial activities so that they do not
interfere with the proper performance of judicial duties.
- The Commission concludes by a majority vote of six Commissioners, that
Respondent's conduct as set forth in Paragraph 8 of the Findings of Fact,
violated ARJD 11(3) and:
a. Canon 1 which provides that a judge shall
uphold the integrity and independence of the judiciary;
b. Canon 2 which provides that a judge shall avoid
impropriety and the appearance of impropriety in all of the judge's
activities;
c. Canon 2(A) which provides that a judge shall
respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary;
d. Canon 4(C)(3)(b)(i) which provides that a judge
shall not personally participate in the solicitation of funds or other
fund-raising activities; and
e. Canon 4(C)(3)(b)(iv) which provides that a
judge shall not use or permit the use of the prestige of judicial office for
fund-raising.
- The Commission concludes by a majority vote of six Commissioners, that
Respondent's conduct as set forth in Paragraph 10 of the Findings of Fact,
violated ARJD 11(2), ARJD 11(3) and:
a. Canon 1 which provides that a judge shall
uphold the integrity and independence of the judiciary;
b. Canon 2 which provides that a judge shall avoid
impropriety and the appearance of impropriety in all of the judge's
activities; and
c. Canon 2(A) which provides that a judge shall
respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary.
- The Commission unanimously concludes that Respondent's conduct as set
forth in Paragraph 10 of the Findings of Fact, violated Rule 4 of the
Administrative and Procedural Rules for the Nevada Commission on Judicial
Discipline which imposes on judges the obligation of cooperating with the
Commission when called to testify; and ARJD 11(3) and:
a. Canon 2(A) which provides
that a judge shall respect and comply with the law and shall act at all times
in a manner that promotes public confidence in the integrity and impartiality
of the judiciary.
Decision and Imposition of Discipline
The Nevada Commission on Judicial Discipline having made and adopted the
foregoing Findings of Fact and Conclusions of Law deems it appropriate under
the unique circumstances of this case to set forth its reasoning for the
imposition of the discipline hereinafter imposed.
As indicated above, with the exception of Count 9 of the Formal Statement
of Charges, the Commission has found by clear and convincing evidence that
each of the remaining allegations of conduct contained in the Formal Statement
of Charges have been established. Although the Commission finds that the
conduct described in Count 4 of the Formal Statement of Charges regarding the
Respondent's utilizing fines collected through the courts as a source of
unauthorized loans for himself was established, this procedure was stopped in
a timely fashion when it was determined that it was improper, and the
Commission therefore is of the opinion that it would be inappropriate to
discipline Respondent for the foregoing conduct at this time.
It is the opinion of the Commission that Respondent's conduct described in
Count 10 of the Formal Statement of Charges is particularly egregious.
Respondent, as the Municipal Court Judge in North Las Vegas, deliberately and
knowingly violated the very ordinances that he is obligated to enforce. After
inquiring of Mr. Donald Jan Brown, the Development Director for the City of
North Las Vegas, as to whether property that he had an ownership interest in
had commercial potential for re-zoning and being informed both verbally and in
writing that the property was zoned single-family residential and that it
would not be eligible for re-zoning, Judge Gary L. Davis engaged in the
wholesale storage of goods and products constituting nursery stock and trees
on the property. Judge Davis was then advised, in writing, that a zoning
violation had occurred, and was requested to correct the situation. The City
of North Las Vegas then caused citations to be issued to Judge Davis. Judge
Davis continued to violate the very ordinances which he was charged with
enforcing as a Municipal Court Judge. By violating the ordinances, he managed
to continue to use his property in violation of the law for approximately two
years. He clearly and convincingly demonstrated that he did not respect and
would not comply with the law and acted in a manner that not only did not
promote public confidence in the integrity and impartiality of the judiciary,
but that could have no other effect than to undermine public confidence in the
judiciary.
Judge Davis, between March of 1981 and February of 1992, directed and/or
suggested to persons appearing before the North Las Vegas Municipal Court who
he had found guilty of a crime, that they could contribute to certain
charities in lieu of paying fines to the City of North Las Vegas. The
Commissioners found by clear and convincing evidence that one of Judge Davis'
purpose in doing so was to enhance his electability.(1)
He would decide not only the amount of money that the charity would receive,
but which charities would be placed on his list. During the foregoing period
of time, he diverted approximately $405,916.00 from the City of North Las
Vegas Treasury to his selected charities. Respondent's conduct in this regard
not only violated specific Canons of the Nevada Code of Judicial Conduct as
set forth in Conclusions of Law Number 8, but also violated the very spirit of
Canon 1, "A judge shall uphold the integrity and independence of the
judiciary." As the Preamble to the Nevada Code of Judicial Conduct points out
in Paragraph 1:
"Our legal system is based on the principle that an independent, fair and
competent judiciary will interpret and apply the laws that govern us. The role
of the judiciary is central to American concepts of justice and the rule of
law. Intrinsic to all sections of this Code are the precepts that judges,
individually and collectively, must respect and honor the judicial office as a
public trust and strive to enhance and maintain confidence in our legal
system.***"
The independence and integrity of the judiciary is not only undermined, but
destroyed when judges subvert the purposes of the law in order to enhance
their own personal popularity and electability. The confidence in the judicial
system is undermined when a judge, by whim and caprice, uses the law for his
own personal benefit.
Judge Davis, while testifying at the Probable Cause Hearing held on August
3, 1995, deliberately attempted to mislead the Commission. Judge Davis
testified that, "My mother brought those trees in for my brother, Don, who was
purchasing an [sic] RV park in Moapa Valley, and 14 acres that set above the
RV park. And those trees were to go to those properties *****"(2)
Judge Davis further testified that "my brother was going to have them planted
on his property in Moapa."(3) And when asked,
"Why weren't those trees taken to your mother's nursery and stored there?", he
responded, "Well, because there wasn't -- at that point in time they were
still going to my brother. They are his property."(4)
Judge Davis' testimony was contradicted at the Formal Hearing through the
testimony of his brother, Don Davis. It was clearly and convincingly
established by the evidence that the Judge's mother had purchased the trees
and that Don Davis was to grow the trees in a joint venture with his mother
for a percentage of the profit. It was also established by clear and
convincing evidence that Judge Davis has an interest in the nursery business
which his mother operates.
As set forth above in the Findings of Fact and Conclusions of Law, Judge
Davis publicly endorsed and campaigned for a candidate running for judicial
office in North Las Vegas in 1994. His conduct was a clear violation of ARJD
11(3) and the Nevada Code of Judicial Conduct, Canon 5(A)(1)(b). Judge Davis
testified at the Probable Cause Hearing that he did not go to houses and talk
to people who he didn't personally know.(5)
Exhibit 27 is a videotape of Judge Davis wearing a T-shirt espousing the
candidacy of Robert Archie, who was running for judicial office. The tape
shows Judge Davis walking up to a door and knocking on that door when
campaigning for Robert Archie. Apparently no one was home since his knock went
unanswered. The address of the house is clearly depicted in the videotape. It
is 2825 East Tonopah, North Las Vegas, Nevada. Ellen Bourquin testified at the
Formal Hearing. Ms. Bourquin has lived at the foregoing address for two years.
Ms. Bourquin further testified that she did not know Judge Davis, that he was
never at her house that she recalls, and that she did not ask him to come to
her house. She was asked no questions on cross-examination. The Commission
therefore specifically found by clear and convincing evidence which the record
supports that Judge Davis deliberately attempted to mislead the Commission and
knowingly and willfully testified falsely before it.
At the Formal Hearing, Judge Davis wrongfully refused to testify before the
Commission. He attempted to set forth a blanket Fifth Amendment right which
does not exist in judicial discipline proceedings.. At first, the Judge
refused to be sworn and stated that he would not speak again. Apparently he
was not acting under advice of counsel.(6)
Judge Davis was advised by the Commission that he did not have a blanket Fifth
Amendment right and could not refuse to answer questions that were put to him
in regard to conduct which did not constitute a criminal offense. Thereafter,
his counsel acknowledged that the Judge did not have a blanket privilege not
to answer any question put to him, but that he could refuse to answer specific
questions which had a potential for criminal charges being imposed.(7)
Thereafter, Judge Davis was called again to the stand, took the oath, and
refused to testify before the Commission. For example:
"Q: (By Mr. Cremen) Judge Davis, when were you elected the first time?
A: I take my Fifth Amendment right."(8)
Even after being directed to answer many non-incriminating questions by the
Commission, Judge Davis continued to refuse to answer.
Exhibit 33 was introduced into evidence at the Formal Hearing held on
November 3, 1995. This Exhibit is a videotape of Judge Davis' refusal to
testify before the Commission. The manner in which he addressed the Commission
clearly and convincingly demonstrated his contumacious and contemptuous
behavior towards the Commission. The commentary to Canon 2 of the Nevada Code
of Judicial Conduct is particularly appropriate in this instance. It provides:
" Public confidence in the judiciary is eroded by irresponsible or improper
conduct by judges. A judge must avoid all impropriety and appearance of
impropriety. A judge must expect to be the subject of constant public
scrutiny. A judge must therefore accept restrictions on the judge's conduct
that might be viewed as burdensome by the ordinary citizen and should do so
freely and willingly.
The prohibition against behaving with impropriety or the appearance of
impropriety applies to both the professional and personal conduct of a judge.
Because it is not practicable to list all prohibited acts, the proscription is
necessarily cast in general terms that extend to conduct by judges that is
harmful although not specifically mentioned in the Code. Actual improprieties
under this standard include violations of law, court rules or other specific
provisions of this Code. The test for appearance of impropriety is whether the
conduct would create in reasonable minds a perception that the judge's ability
to carry out judicial responsibilities with integrity, impartiality and
competence is impaired.***"
Judge Davis' conduct violated Rule 4 of the Administrative and Procedural
Rules for the Nevada Commission on Judicial Discipline. It provides as
follows:
"Every judge and every attorney licensed to practice law in this state is
obligated to cooperate with the commission when called upon to assist in any
investigation or hearing or to testify concerning any matter as to which
privilege as an attorney is not claimed."
Judge Davis has demonstrated by his conduct, both his disrespect for the
law and for the judicial discipline process. He has violated the law and the
Canons of Ethics of the Nevada Code of Judicial Conduct, and demonstrated by
his contumacious behavior before the Commission that he is unwilling to accept
restrictions on his conduct which the Code points out judges should accept
freely and willingly. His conduct, demeanor and behavior are unacceptable by
one who holds the high office of a judge. The Commission has determined by a
vote of six Commissioners that Judge Davis should be removed from office.
Since the Commission determined that the appropriate discipline for the
totality of his conduct is removal, it deems it unnecessary to access
discipline for each specific Count of the Formal Statement of Charges that it
found to be violated.
There is presently pending against the Respondent a separate Formal
Statement of Charges, i.e. Case No. 9504-107. This complaint charges the judge
with knowingly and willfully testifying falsely before the Commission at the
Probable Cause Hearing in regard to the circumstances surrounding the loan
made to him by Marilyn Bell in the amount of $2,500.00. Because the Commission
has determined that removal is the appropriate discipline in this case, it
deems it unnecessary to proceed with Case No. 9504-107. The Commission
therefore dismisses, without prejudice, the Formal Statement of Charges in
Case No. 9404-107.
The Commission emphasizes that in determining that the appropriate
discipline for Judge Davis' offenses is removal from office, it has not taken
into consideration Judge Davis' wrongful assertion of a blanket Fifth
Amendment privilege. Since Rule 11 which establishes the grounds for
discipline does not provide that a wrongful assertion of a blanket Fifth
Amendment privilege is disciplinable conduct, the Commission would not
discipline the Respondent for doing so without first giving him the
opportunity to remedy that conduct. However, the Commission deems it
appropriate to inform the judiciary that not only does a judge not have the
right to assert a blanket Fifth Amendment privilege and refuse to cooperate
with the Commission or testify when called as a witness before it, but that in
the event a judge does so in the future, the Commission will deem such
non-cooperation to be an act of misconduct, subjecting the judge to
discipline. The Commission has taken into consideration the manner in which
Judge Davis behaved in wrongfully asserting a blanket Fifth Amendment
privilege, but not the fact that he wrongfully refused to testify in
determining that removal is the appropriate discipline to be imposed.
IMPOSITION OF DISCIPLINE
The Nevada Commission on Judicial Discipline having made and adopted the
foregoing Findings of Fact and Conclusions of Law, and having set forth its
Decision above, hereby ORDERS that Respondent, the Honorable Gary J. Davis, a
Municipal Court Judge for the City of North Las Vegas, County of Clark, State
of Nevada, be removed from office as of the date of the filing of this
Decision. As set forth in Rule 30 of the Administrative and Procedural Rules
for the Nevada Commission on Judicial Discipline, should the Respondent
appeal, his salary and authority to exercise any of the duties of office
immediately cease and he must exercise no judicial powers.
Dated this ___ day of December, 1995.
NEVADA COMMISSION ON JUDICIAL DISCIPLINE
document signed by:
FRANK BRUSA, Chairman
GUY SHIPLER, Vice-Chairman
DRENNAN A. CLARK, Commissioner
BILLY JEAN "BJ" FULLER, Commissioner
ALAN J. LEFEBVRE, Commissioner
SALLY L. LOEHRER, Commissioner
DISSENT TO IMPOSITION OF DISCIPLINE
At the second day of hearing before the Commission, Judge Gary J. Davis was
called as a witness. When he was called, he stood up and engaged in the most
disruptive and disrespectful behavior I have witnessed. In almost 17 years as
a District Judge, I have never seen a spectacle such as Judge Davis displayed
in a hearing. He was obviously pandering to the television cameras as he
pointed his finger at the Commission and made grandiose and pompous
pronouncements.
Following his totally inappropriate performance, he then proceeded to
assert a Fifth Amendment privilege against self-incrimination, refusing to
answer simple questions such as, "What is your name?" and "When were you
elected?" A recess was taken and counsel for both sides were given the
opportunity to see the legal authority indicating his position was a violation
of the Canons of Judicial Ethics. Judge Davis still asserted his blanket
privilege.
The Commission found Judge Davis violated the Canons of Judicial Ethics in
his conduct as a Judge. His conduct at the hearing, and the presentation of
clearly false evidence at the hearing, along with those violations, has
resulted in the Commission voting to remove him from office. I agree with the
findings of the Commission, but I disagree that removal is warranted. In my
opinion, Judge Davis' conduct warrants severe sanctions. He has displayed an
arrogance and ignorance that I find alarming in a Judge. I would prefer that
he be issued a censure, be required to attend courses on ethics, and be fined.
I do note, however, that there is a serious question whether the Commission
could impose lesser types of discipline on a Municipal Court Judge for conduct
which occurred before the adoption of the recent amendments to the Nevada
Constitution concerning the powers of the Commission.
Dated this ___ day of December, 1995.
NEVADA COMMISSION ON JUDICIAL DISCIPLINE
MICHAEL R. GRIFFIN, Commissioner
CERTIFICATE OF MAILING
I hereby certify that on the ____ day of December, 1995, I placed the
foregoing FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND IMPOSITION OF
DISCIPLINE in the United States Mail, postage pre-paid, addressed to the
following:
Michael D. Davidson, Esq. Honorable Gary J.
Davis
601 E. Bridger Avenue City of North Las Vegas
Las Vegas, NV 89101 2240 Civic Center Drive
Attorney for Respondent North Las Vegas, NV
89030
Certified #Z-430-111-159, RRR) Respondent Judge
(Certified
#Z-430-111-160, RRR)
Frank J. Cremen, Esq.
302 E. Carson Avenue, Suite 1004
Las Vegas, NV 89101
Commission Special Prosecutor
______________________________________
RHONDA AZEVEDO, Commission Clerk
1. See Formal Hearing transcript dated November 3, 1995,
pages 271-272.
2. See Probable Cause Hearing transcript dated August 3,
1995, page 153.
3. See Probable Cause Hearing transcript dated August 3,
1995, page 156.
4. See Probable Cause Hearing transcript dated August 3,
1995, page 183.
5. See Probable Cause Hearing transcript dated August 3,
1995, page 164.
6. See Formal Hearing transcript dated November 3, 1995,
page 339.
7. See Formal Hearing transcript dated November 3, 1995,
page 345.
8. See Formal Hearing transcript dated November 3, 1995,
page 349.
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