Meeting in Jim Swinney's office with Jeff Jarrett, Carl Redman, Jim Swinney and Jim Winiger

Subject—Bean Field—Date 8-18-93

A tape of this meeting

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A-side--Counter 253--Swinney say that we do have to look new entities to make money not in traditional way of thinking.

A-side--Counter 304---Carl said the bean field has been settled out. Carl said—As far as we are concerned it has been done and signed. This is a forgery. I never signed nothing.

I said who signed it? Carl Said---Amsire and anybody else. (I think this is short for American Cyanamid ) Carl said---"It's done been paid off"

And was able to persuade my land manager to send a check for $3500.00 It was done with my forged signature and a falsified document saying that I had agreed to this settlement.

Forgery ---The crime of counterfeiting written papers or signatures.

Forge---To imitate falsely, especially as a signature.

Persuade---To convince is to persuade by the use of argument or evidence.

A-side--Counter 330---Carl said everybody has got a weed problem this year.

A-side--Counter 333The conversation is changed to the corn fields

A-side--Counter 335 Jeff said when he was in the field it was wet. To wet to spray. But this was when Jeff OK'ed the respray. Carl did not apply the respray until 8 weeks later. Why? There is a 10 day window of opportunity just after planting to correct the problem. Why did Carl wait 6 weeks when the respray had already been approved by Jeff ?

Jim Winiger's comment—This shows Carl’s negligence.

A-side---Counter 338 Jeff --when I was out there was grass and I going to say there was some panican maybe

A-side---Counter 341 Jeff--I don't remember seeing a lot of broad leaf, I do remember seeing a grass that I felt it needed to be sprayed. I did buy the Accent on that

Jeff is saying that he OK'd a spray job when he was out there when the corn was small.

A-side---Counter 402 Carl remembers, I asked for lasso & atrizine by finishing my sentence.

A-side---Counter 413 Jim Winiger said: From what I know about Lasso, Lasso is recommended at the 3-4 quarts to control cane. Carl Redman said, Right!

A-side---Counter 428 Jeff: Bullet or if your using straight Lasso is probably the safest one for the corn.

A-side—Counter 430 Jeff said that lasso and atrazine (atrex) are the 2 safest chemicals to use for corn when it comes to crop injury.

Jim Winiger's comment. I knew that and that is one reason I chose that combination of chemicals.

A-side---Counter 437 Carl and Jeff said that PH had no effect on the use of lasso and atrazine.

Bruce Wells took the soil samples for the corn fields in 93. He was the one who told me that the PH was low on some of the fields. Bruce also told me that because I was going to plant corn on those fields and because I was going to use lasso and atrazine, PH would not would not cause a problem.

Prior to planting Carl also told me that lasso and atrazine were the safest chemicals to use when it involves crop injury and PH would not cause a problem. Carl also told me that it did not matter if I incorporated these chemicals are left them on top because they would work either way.

A-side---Counter 450--Carl said that working the ground would not make that much difference.

A-side---Counter 472--Jeff said Carl had to wait until the ground dried to spray the Accent because when he was in the field he got wet and muddy.

This had to be just after planting time because the next rain was not until after the antique farm show July 4th and 5th.

Planting time was in mid May, why did Carl wait until the end of June or early July to spray?

Jeff said when he was in the field the corn was small (that would have been10 to 15 days after planting.

A-side---Counter 474 Jeff---the corn was small yet! Why did Carl wait until it was to late to spray?

A-side---Counter 480--Carl said; We estimated about 80 acres that we was going to spray. Why only 80 acres.

A-side---Counter 486 Jeff ask Carl, The 80 acres that I was called in on to start with was that the first one that you saw grass on? Carl said, yes.

From the question Jeff asked and the answer Carl gave it sounds like a period of time had gone by between the two events.

A-side---Counter 507 Jeff said, I didn't know of any other fields at those times that needed anything else.

A-side---Counter 515 Jeff: I was told an acre amount and that is what I agreed to.

A-side---Counter 521 Carl said he called in on that was about July.

A-side---Counter 526 I came back a week before Keck & Gonerman Days, I told Carl if you don't spray everybody will see that shit so then it got sprayed.

A-side---Counter 528--Jeff said he was out there when the corn was small! And we have a 30 day policy.

A-side---Counter 530--Jeff said, The only thing I had trouble with was the rate was light. Jeff implied the timing was ok

Again it sounds like a time lapse between Jeff's visit and Carl's application.

A-side---Counter 547 Carl thinks I have panican & not foxtail.

A-side---Counter 601 Carl said he went back to re-spray a lot of fields 2-3 times.

Note: I think he said earlier that he never had trouble before.

A-side---Counter 608 Carl did not take Jeff to all fields only the worst fields.

A-side--Counter 615--Carl said that this area does not have GIANT FOXTAIL, If it comes in we have a problem because our chemicals will not work.

Mr. Kapusta said that in the pictures giant foxtail is what he is seeing and that 2 quarts of Lasso will control it just fine.

Apparently, Carl does not know his weed species and he is supposed to be an expert in weed control.

A-side---Counter 640 Swinney asked what I want to do?

A-side---Counter 656 Jim Winiger said; Match the spray job. (Clean field to a dirty field)

A-side---Counter 681 Carl - No complaints..

A-side---Counter 697--Swinney said the only resolution that we have is our insurance adjuster needs to go out and take a look at the fields. He's a (pause) He's not really a non bias person because he works for us.

A-side—Counter 714 Jeff looked at the delivery ticket and read field home and port wet.

A-side---Counter 722 Carl (fired into it real good) that means it was wet....

A-side—Counter 723 On the clean corn fields Carl said he had a double load on the spreader.

A-side---Counter 735 Jeff said on one load you cannot get 85 acres on one spreader

Jim Winiger's comment. How can you get a double load (3000 gal.) on a spreader when the spreader only has a 1500 gal. tank.

A-side---Counter 762 Jim W: I explain how the weeds were burnt , but did not die.

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B-side---Counter 30 conversation about bean field. (this was on the respray)

Jeff said that Bump (Farm Bureau employee) call him and said that part of the chemical used on the bean field worked and the other part did not.

B-side---Counter 50 Jeff said the rate of chemical was to light (not enough) squadron Carl Redman chose the rate.

B-side---Counter 57 Jeff said, the rate was wrong for beans. Carl Redman also chose that rate.

B-side---Counter 64 Beans--I made no recommendation.

B-side---Counter 149 Carl seen the weeds in the beans before he sprayed.

B-side---Counter 150 Jeff said that round-up would not kill a perennial in early spring and summer.

If round-up will not kill weeds as the farmers are being told why is it being sold to farmers as a all purpose weed killer with no precautions.

B-side---Counter 168 I said I hired the co-op for their expertise and Carl said "That's what we get paid for, That’s what we do"

B-side---Counter 172 The talk is about Carl saying that he was spraying corn fields and my bean field had to wait.

When I ask Carl to spray the bean field two weeks before I wanted to plant, he told me that corn had priority over my beans and I had to wait.

B-side---Counter 176 Spray 2 weeks ahead.

B-side---Counter 216 Kelly - Thomas' case

B-side---Counter 258 conversation about bean field (first spray job)

Jeff said that the rate was wrong and the formulation was wrong on the bean field.

Jim Winiger's comment, If Carl used the wrong rate and the wrong formulation on the bean field he probably used the wrong rate and wrong formulation on the corn fields also.

B-side---Counter 263 Jeff said he went ahead and settled it.

Jim Winiger comment: At this point is Jeff talking about (settlement) the forged documents.

B-side---Counter 268 through 288 Again Carl talks about the timing of the spraying of the bean field and corn had priority over my bean field.

And Jeff said next time let’s get in there 7 days prior and use some 2-4-D in it and go to a 3 pint rate.

B-side---Counter 290 Swinney is making excuses why Carl did not spray my field 2 weeks earlier like I had asked for.

B-side---Counter 310 Swinney said, I'll send the insurance adjuster out. We will lay out for him what did happen and what did not happen and why what happened. And he'll come back with a recommendation! I think his recommendation will be that we not make a settlement until harvest.

Jim Winiger; I said if there is a yield difference than something should be done. Swinney said "I think we can do that"

Mr. Swinney was implying that he was willing to make a settlement, if a settlement was necessary, after harvest by making comparisons between the good and the bad.

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