Letter to Tucker from Carraway RE: Request for Trial Exhibits and Jurisdictional Statement Appendix

    MICHAEL F. EASLEY Department of Justice 
ATTORNEY GENERAL P.O. BOX 629 LAS RALEIGH REPLY TO: Frances S. Carraway, CLA 

Special Litigation 
27602-0629 : (919) 716-6900 

FAX: (919) 716-6763 

April 6, 2000 

VIAFACSIMILE 202-307-3961 

James T. Tucker 

Voting Rights Section 

U.S. Department of Justice 

Post Office Box 66128 

Washington, D.C. 20035-6128 

Re: Request for Trial Exhibits and Jurisdictional Statement appendix documents for 
Cromartie v. Hunt 

Dear Jim: 

In response to your request for copies of documents in the above litigation, we provide the 
following information. While the content of the appendix to the jurisdictional statement has not been 
finalized, the items that we are in the process of preparing to include are: 

\ 

Opinion dated March 7, 2000 
Notice of Appeal, March 10, 2000 
Judgment dated March 8, 2000 
Peterson Trial Testimony (selected portions, TBD) 
Peterson’s Trial Exhibits - 433 & 434 enclosed 
Peterson’s 2nd and/or 3rd Affidavits 
Cooper Trial Testimony (selected portions, TBD) 
Cooper Affidavit (TBD) 

McMahan Trial Testimony (selected portions, TBD) 
McMahan Affidavit (TBD) 

Cohen Trial Testimony (selected portions, TBD) 
Red Maps - Trial Exhibit Nos. 140-142 already specifically requested 
Purple Map from Cooper’s First Affidavit - Trial Exhibit No. 125 already specifically requested 
97 plan as adopted - Trial Exhibit No.102A (full state) w/ stats Jull Ex. 102 included w/other exs. 
97 Congressional Plan A (Cooper Plan) - 

Trial Exhibit No. 104B(D1) & C(D12) with stats already specifically requested 

 



      

James T. Tucker 

April 6, 2000 

Page 2 

Cooper Plan 2.0 - Trial Exhibit No. 129C(D12) with stats already specifically requested 
Congressional Plan A.1 (McMahan Plan) - : 

Trial Exhibit No. 105B(D1) & C(D12) with stats already specifically requested 

Items which are noted “already specifically requested” will be provided in response to your specific 
request and are included in their exhibit number order. Since it was represented to us that USDOJ 
purchased a trial transcript, we will not send any copies of the trial transcript. Currently we are 
uncertain if we will use any affidavits for Cooper and McMahan or which ones may be used. We are 
confident that you have the other items we have identified to date. 

We have filled your request for specific exhibits from our files as much as possible. Since 
the cost for copying in house is minimal, $ .05 per page, we have made copies of each of the standard 
sized exhibits that were black and white. Many of the exhibits contain color maps which were 
provided to us by the General Assembly. In all cases except the few noted, we had extra copies and 
have provided those to you at no charge. Some of the copies provided are not in the same form, ie. 
size or color, as the exhibit admitted at trial. Those differences have been noted. We provided what 
copies we had in an attempt to reduce the outsourcing you might have to do. 

Todd Cox, with the NAACP Legal and Educational Defense Fund, Defendant-Intervenors, 
will, sometime next week, have a full set of trial exhibits in his possession. He has agreed to provide 
you access to the few large maps you requested for which we had nothing to send you. You can look 
at the maps, determine if you really want to incur the expense of copying them ($90 - $110 each in 
our market area), and borrow them for copying if you choose. There is also one oversized, black and 
white deposition exhibit, No. 31, for which you may want to make a copy. You can expect that to 
be $4 - $5 per page. Todd’s phone number is 202-682-1300. 

There is one group of joint exhibits, nos. 106 through 109, which has been filed on two 
previous occasions. Those dates/locations for filing were: March 23, 1998 in Cromartie v. Hunt, No. 
4:96-CV-104-BO(3), E.D.N.C., as attachments to the Affidavit of Martin B. McGee; and on August 
27,1998, in Hunt v. Cromartie, No. 98-85, U.S. S. Ct.. If you do not find a copy of these maps in 
your files, you can access them through the NAACP files. 

One group of exhibits, nos. 402 through 417, are color copies which we had made at a cost 
of § .89 each. We would appreciate being reimbursed for those. 

The following are the exhibits about which there is some discrepancy between what is being 
supplied to you and what the court received. The discrepancies are noted beside each exhibit number. 

 



    

James T. Tucker 

April 6, 2000 

Page 3 

Deposition Exhibits: 

31 nothing in our files to share - 2 oversize black and white pages 

Joint Exhibits: 

106 submitted to courts earlier in litigation / check your files 
107 submitted to courts earlier in litigation / check your files 
108 submitted to courts earlier in litigation / check your files 
109 submitted to courts earlier in litigation / check your files 
124 court has oversized color copy 
126  court’s copy was in color 
127  court’s copy was in color (there was no 127A offered at trial) 
128  court’s copy was in color 

Plaintiffs’ Exhibits: 

224 nothing in our files to share - you would have to outsource 
226 nothing in our files to share - you would have to outsource 
227 different coloration in court’s copy - like that in ex. no. 225 
237  court’s copy is size of ex. no. 225 
238  court’s copy is size of ex. no. 225 
239 court’s copy is size of ex. no. 225 
241  court’s copy is size of ex. no. 225 

Defendants’ Exhibits: : 
all those requested were supplied as provided to court 

Pleadings: 

I have been unable to locate our copies of Defendant-Intervenors’ Response to Plaintiffs’ 
First Request for Admissions and Response to Plaintiffs’ First Set of Interrogatories. Please 
check with Todd for a copy and I will do the same. 

The expense of copying the items requested is as follows: 
161 black and white standard copies at $ .05 each 8.05 
17 standard color copies at $ .89 each 15.13 
1 oversized black and white at $4.40 each 4.40 

total $27.58 

Per our conversation today, we are shipping the prepared exhibits to you using your federal 
express account number. The original of this letter will be in the packet along with a bill for the 
copying services we provided. 

 



James T. Tucker 

April 6, 2000 

Page 4 

Please feel free to call me at 919-716-6917 if you have any questions or if I can be of further 
assistance. 

Sincerely, 

Frances S. Carraway, CLAS 
Paralegal 

 



  

EXHIBITS PROVIDED TO US DEPT. OF JUSTICE 

(exhibits provided as admitted at trial unless noted) 

Deposition Exhibits Joint Exhibits Plaintiffs’ Exhibits 

16 102 205 

22 104 206 

23 105 223 

24 106 - filed earlier/NAACP 224 - not provided/ NAACP 

25 107 - filed earlier/NAACP 225 

26 108 - filed earlier/NAACP 226 - not provided/ NAACP 

27 109 - filed earlier/NAACP 227 - color like #225 

29 124 - ct’s copy in color 237 - size like #225 

31 - not provided o/s b/w 125 238 - size like #225 

53 126 239 - size like #225 

68 127 240 

128 241 - size like #225 

129 242 

130 309 

134 

135 Defendants’ Exhibits 

136 402 - 417 

137 427 

138 430 

139 437 

140 

141 

142 

143 

144 

145