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The Tape Recorder Debate

WILSON: Do you think we might tamper with our recording?

SHEPPARD: I don't know. There's no basis on which I can...

WILSON: What if we took our recording and turned it over to a lawyer or a bank officer and said, "Hide it until both parties agree that it might be necessary to use it and then take it out."

SHEPPARD: Can we make a public transcript from the recording that would be available? What would be facts were, I think you'll find the difference?

PORTE: We don't make public transcripts available.

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SHEPPARD: That would be a major condition. I would want to have a transcript that I know I could make public, that I could show people if I didn't think I received a fair trial, a fair hearing. That's the reason for the tape recorder.

WILSON: If he insists on a tape recording of his own, it seems to me that we have to postpone the hearing.

SHEPPARD: There's a precedent for it. A tape recorder was used at a previous hearing.

HAUSLER: Yes, the idea there was...

WILSON: They did something that was not authorized by the full Committee without repudiating it but at the same time in exchange for the privilege, the person who used it signed a statement indicating that he would not make it public. It was for his own information. He did not make it public. So that's not really a precedent in this case.

HAUSLER: It seems that as far as the facts, that there will be a tape for appeal of fact.

SHEPPARD: Yea, but the appeal is to the same group that held the original trial.

HAUSLER: That's a different question. That's a different question. But as far as determination of what the hearing is much more informal. It's more in the nature of a discussion, but if it comes to a question of what anyone said, it'll be on the tape, and that seems that that can be a resort, but as far as your own tape recorder and your own insistence on publishing a transcript, if that goes against what you want...

SHEPPARD: The reason I think it's important for me to have that available is that if I don't receive a fair hearing I think the only recourse I have is to convince other people that I haven't received a fair hearing so that they would support me on that. I think that if I didn't receive a fair hearing from the Committee I don't think it would be very likely that at my appeal I would receive a fair hearing. I don't have any real reason to expect to receive a fair hearing.

WILSON: The Committee has often reversed the decision of hearings. I can assure you of that.

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