This morning was a cool one in Asheville. I arrived just in time to see Kent Covington and Ramona Hall make their way up the steps and into the U.S. Federal courthouse, Kent in his dark suit and Ramona wearing a dark winter coat. They did not answer questions and there was no skip in their step. They looked solemn. Soon, Kent’s attorney Steve Cash walked up the steps. The plea hearing was on schedule.
Just after 10:00 AM, the bailiff called the room to order. Magistrate Judge David S. Cayer presided over this hearing. He was very deliberate and clear. Kent was asked to stand and be sworn in. He also stood during the reading of certain documents. The hearing included Cayer reading documents, asking Covington questions and recording his answers. The documents in this case included the Factual Basis, we reviewed parts of it in a previous post. A “Certification of the Factual Basis” was reviewed and signed by Covington today.
From the Certification:
“…I, Marion Kent Covington, do hereby state, certify, and stipulate that the Factual Basis (#30) filed in this matter all statements therein are true and accurate and had this matter proceeded to trial, the United States would have been able to prove statements in the Factual Basis beyond a reasonable doubt.”
As predicted, the language in the Factual Basis listing Jane Whaley in the paragraph with “conspirators” goes in the court record and in my opinion makes her an “un-indicted co-conspirator.” My views strengthened as the hearing progressed.
The Plea Agreement was referenced. Included in this Agreement was this text:
“#2 In exchange for defendant’s plea of guilty to Count One, the United States agrees that it will not pursue additional criminal charges against the defendant, or Brooke Covington, based on: (a) any criminal conduct that is relevant to conduct in this case; or (b) any criminal conduct that is otherwise known to the United States as of the date of this Plea Agreement, and that was included within the discovery provided to defense counsel in connection with this case.”
Several questions arise from this paragraph. Why would Brooke need an exclusion if there was not some possibility that she may be connected to this crime? What was the scope of the evidence turned over in the “125,000 pages and 30 hours of videos”? Does this plea in Federal court prohibit the State of North Carolina from pursuing both Covingtons in order to recover their losses? Will there be more indictments surrounding this “scheme”? How does Diane McKinny’s new attorney battle the perception of guilt for his client when three other “conspirators” have pleaded guilty? Was she a pawn or willing accomplice?
In the Plea-
VI. Assistance to United States:
“22. If requested by the United States, but only if requested, the defendant agrees to cooperate with the United States, including but not limited to the following:
a. The defendant will provide truthful information about subject charges and about any other criminal activity within the defendant’s knowledge to any United States agent or agency that the United States designates.
b. The defendant will testify truthfully in any trial, hearing, or grand jury proceeding. The testimony includes, but is not limited to, testimony against any co-defendants, as the United States designates.”
If the U.S. brings additional indictments in this case and one of them is against Jane Whaley, Kent will have to testify truthfully or risk losing his plea arrangement. His testimony will be compared to others who have already named Jane as a “promoter.” This conundrum is rich, and the consequences could be devastating to some folks. Not sure it will ever come to this but, it could.
The Magistrate read through another document which included very specific questions meant to leave no doubt that Kent was fully aware of the consequences of his guilty plea. I will take a few excerpts which raise some interesting points. The elements of the law(s) broken were reviewed.
“RULE 11 Inquiry and Order of Acceptance of Plea
18 U.S.C. ss 1349
Any person who commits or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Elements
1. That during the time alleged in the bill of indictment, that you did knowingly combine, conspire, confederate and agree with others to commit wire fraud in violation of 18 U.S.C. ss 1343, 1349;
2. The wire fraud affected at least one financial institution as defined by 18 U.S.C. ss 20;
3. That you willingly became a member of such conspiracy;
4. That one or more of the conspirators, during the existence of the conspiracy, knowingly committed at least one of the acts in the bill of indictment; and
5. That you did such an act or acts willingly, knowingly, intentionally, and unlawfully.
These words cast a heavy solemn feeling over the whole charade. Kent signed this document admitting he knowingly broke the law. He is saying he was a member of an orchestrated scheme and conspiracy giving forethought to thier actions. He signed this document with full understanding and of his own free will.
In my opinion, this admission goes deeper than what many may have first believed. This drama is not over. I see more being named. We know Diane’s defense took a set-back with Kent signing this document. Her attorney has an uphill battle for sure. January 2019 is just around the corner.
Friends, after today, I feel a deep sadness not only for the members of WOFF who serve faithfully for years exhibiting loyalty which goes in many cases to their personal hurt. Also, I see the consequences for certain ones in WOFF leadership slowly being revealed and the choices to follow Jane setting them on a course of pain and loss. There are dark days ahead for WOFF members and supporters. We are just now able to see a glimpse of what is in store for them.
Kent will be sentenced in a separate hearing.
Let justice be served.
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(Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation ) This is post number 647.
John do you know where the trials stand as far as the Fenner case’s go? Have date’s been set for any of the defendants,?
Jane Whaley has ruined many many families and continues to play God in the WOFF organization which is in truth a harmful religious cult. She is without a doubt the leader and the one who should receive the most
severe punishment which needs to include a long jail or prison sentence. It is my understanding she pays civic leaders for protecting her interests and the cult. She also has or had brainwashed many of the young cult members to believe their parents or parent.are the devil. I personally am related to a family who lived this disaster for about twenty years and the children refused to contact or be contacted by their birth mother. Jane preached that the parents were the devil and indicated the children should never associate with their parents in any form ever again. Brainwashing pure and simple. Good to know that the majority of this particular family’s one time cult members have in their words ,”escaped the beatings and blasting ordered by Jane Whaley.”
All the children but one and her husband and all but two of their collective children have escaped and are living successful and happy lives in society away entirely from WOFF. Their is one other child from a sibling who has also remained in the cult. That parent also chose to escape from the cult a few years ago. The total number of lives Jane is directly responsible for ruining for so many years in that family is approximately twenty including their infant children. That number is only a small amount of adults and children who have sufffered severe abuse both physically and mentally by Jane Whaley and her cohorts in the criminal cult known as WOFF in Rutherford, North Carolina. The cult in my and many others opinion is the devil itself. And though Jane is the leader there are many other individuals including Brooke who are also guilty and should serve some penalties.
Kim,
To my knowledge, no new trial dates have been set.
John
Gary,
Thank you, for reading and sharing you story. MANY people have been negatively affected by WOFF practices.
John
John,
Why do you think they don’t bring Jane Whaley on the radio program–or her daughter and son-in-law Frank and Robin? If they want to “tell the truth” about their church, then the truth should come from the head (of course my opinion).
Thanks!
Steven