KATHRYN K. HATFIELD
JOHN B. HATFIELD, JR.
CYNTHIA A. HATFIELD
June 22, 1999
I am in receipt of
your letter of June 16, 1999.
David spoke to me
this morning about your correspondence with us and your desire to be
informed of the progress of your appeal.
David and I view
the situation this way:
I was lead counsel
during the trial phase because the Stumps hired me before the court
appointed David and I had already appeared in your bond motion in
Superior Court. During the trial phase David and I divided the work
equally and made all tactical decisions by consensus. We believe
that you participated in all decisions involving witnesses. The only
potentially significant witness we decided not to call was Dr.
Wilmington. David and I both concluded Dr. Wilmington would not be
helpful. This was based on a one hour meeting with Dr. Wilmington
and attended by Mike Ingold in which we played an audio tape to Dr.
Wilmington of a prior phone conversation he and I had.
Dr. Wilmington was
unable to help us undermine Mitch Whidden. It turned out he knew
much more about Mr. and Mrs. Whidden's contention about what you had
said and how Mitch Whidden reacted. Dr. Wilmington would have
possibly tended to reenforce Whidden's version of events.
You participated in the preparation and evaluation of every other material witness and, I can assure you, you were very helpful on several occasions.
Kimble Page Two
gave notice of appeal the judge appointed David Lloyd and me to
prepare the record and brief. By agreement, David is lead appeal
counsel and I am assisting him. Because we do not want me to cover
ground already covered by David, he is reviewing the transcript and
preparing the assignments of error. If David needs my help, he will
call upon me.
discovery materials provided to us before trial and our personal
notes are not directly involved in the preparation of the appeal.
David has his file and I have mine, Until your appeal is decided, I
must retain those records in the normal course of business. After
your appeal has been decided, I will turn my file over to you in
large part upon your formal request. I will retain personal notes as
permitted by law.
incur the substantial expense of copying my whole file in your case
so when the time comes, I will inventory the discovery, the motions
and orders and things of that sort and send them to you.
will continue to work on the record on appeal and the assignments of
error. I will assist on the brief if David asks me to. I will retain
my file in your case until the appeal is decided.
present time I am not planning on sending you anything whatsoever. I
also have no plans to have a telephone conference with you.
Very truly yours,
John B. Hatfield, Jr.
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