Tag Archives: David Teddy

Fenner Case Update: 7 Jurors Seated, 7 more needed

The first of possibly five separate trials in the Matthew Fenner case in Rutherford County began on Tuesday. Today’s session involved the State vs. Brooke McFadden Covington. By 9:51AM, Judge Gary Gavenus let everyone in the court know the Motion for a Change of Venue was “Denied!” He intended to move forward with jury selection, twelve jurors and two alternates.

Mrs. Covington is one of five defendants who include Justin Covington, Sarah Covington Anderson, Robert Lewis Walker, Jr. and Adam Bartley. Indictments stemming from alleged incidents on January 27, 2013 at Word of Faith Fellowship (WOFF) in which Fenner claims he was assaulted include second-degree kidnapping, first degree assault and one count of attempted strangulation.

Leading up to the Judge’s announcement this morning was discussion which among other things included the question of plea deals or concessions to witnesses – of which Assistant District Attorney Garland Byers admitted there were none at this time after he had withdrawn the plea offered to Adam Bartley in prior months. Covington’s defense attorney David Teddy will be notified should any future deals or concessions be offered.

Additional conversation about one particular email between the State and an attorney for another defendant was reviewed by the Judge who then deemed it not pertinent to the case; sealed in an envelope and placed in the file. Judge Gavenus also outlined the procedure for interviewing jurors. They were to enter the court one at a time from the jury holding room. He would address them first, next Byers would asked questions and attorney Teddy would finish with his questions.

The left side of the courtroom was reserved for the jury pool. They were led in and out by the bailiff. He retrieved each new jury candidate and led them to their seat in the middle of the jury box. He directed their every step.

This arrangement meant the right side of the gallery was for everyone else. Everyone else included the distinct sub-groups, the media, now-WOFF members (leadership and those subpoenaed), ex-WOFF members (many who were witnesses) and family and supporters of Matthew. During the course of the day, it was clear each party knew the invisible boundaries which stood between the opposing groups. The signals became more confusing after lunch as Brooke’s supporters took the second row from the front behind the media and Matthew’s group filled in next with more now-WOFF members behind them. Yes, it was awkward.
Continue reading Fenner Case Update: 7 Jurors Seated, 7 more needed

Friday: Fenner Hearing in Rutherford County (video)

Before the hearing…
“The door is locked.” The crowd standing upstairs in the Rutherford County courthouse included the defendant, Brooke Covington, Kent Covington, Karel Reynolds with Jayne Caulder- who floated in and out of the area. Yes, add to this Word of Fellowship (WOFF) contingency; Matthew Fenner, a few of his family members, supporters and news media. (I was not ready to throw up the red awkward flag, but it was close.) After a few social charged moments mediated by a few laughs, a county official opened the door and we all cautiously entered the courtroom making sure not to touch or encounter any members of the other side.

Once inside the process of choosing your seat began. Strategy and some personal preference led me to sit three rows from the front on the right side with members of Matthew’s family. Before I landed there, I noticed Karel taking out her pen and pad dividing her page into sections as if she were taking attendance and notes for a report to her teacher. Realizing the note taking would be critical, I also began my efforts.

Already in the bar area was District Attorney Ted Bell with his Assistant, David Norris. Over the next few minutes, court employees filtered in and out as preparations were made for the long waited hearing. The highly anticipated Motion for a Change of Venue would be argued along with possible discussion on several other motions. I noticed the clock moving past 2:00PM and felt concerned until Assistant District Attorney Garland Byers enter with defense attorney David Teddy not far behind. Both looked stern as they took their places. Previously, Teddy had invited Brooke to the defense table so; the show was ready to begin.

Calling out the introduction, All rise…. The bailiff announced the Honorable Judge Gary Gavenus was set to preside- this court will now come to order! Be seated.

Continue reading Friday: Fenner Hearing in Rutherford County (video)

Fenner Case Update: Brooke Covington in Court

Monday morning, Brooke Covington made an appearance in Rutherford County court alongside her attorney David Teddy. Assistant District Attorney Garland Byers scheduled the meeting for a judge to rule on five pending motions in the Matthew Fenner assault case. This case stems from charges involving an incident on January 27, 2013 in the sanctuary of Word of Faith Fellowship (WOFF).

Brooke Covington is one of five individuals indicted with charges against them ranging from second degree kidnapping, assault and attempting to inflict injury by strangulation. Adam Bartley, Robert Lewis Walker, Jr., Justin Covington and Sarah Anderson are the others who were indicted. The case has been delayed beyond reasoning with pre-trial motions, rulings, and disqualification of the original WOFF attorneys attempting to represent all five defendants. The disqualification was appealed to the NC Court of Appeals and later withdrawn after one of the petitioners in the appeal, Sarah Anderson, left WOFF and requested new representation.

During Monday’s session, five motions were slated for review.
1. The Defendant’s Motion for Change of Venue;
2. The Defendant]s Motion for a Bill of Particulars;
3. The State’s Motion for Jury View & Testimony During Jury View;
4. The State’s Motion for Joinder of Offenses for Trial; and
5. The State’s Motion for the Alternative for a Special Venire.

The State’s Motion for Jury View required a notice sent to Joshua Farmer as he is known as the “general counsel’ for WOFF. However, attorney John W. Gresham was hired to represent WOFF in opposition to the motion. He has represented Jane Whaley in years past and it came as no surprise he was brought in for this hearing.

As ADA Byers gave the judge a recap of the case, he explained that Judge Thomas Davis has recused himself from the proceedings. Byers has originally scheduled the hearing for May 22nd, but rescheduled for April 24th upon learning that Judge Gary Gavenus was not available in May. Attorney Teddy used the rescheduling as a reason to request for further delay stating he was not prepared to argue the Change of Venue with all the recent publicity about WOFF.

At several points, Gresham attempted to interject his views that the Motion for Jury View was unconstitutional and that he was prepared to provide large photographs of the scene. Finally, Judge Gavenus rebuffed Gresham and told him not to worry about the Motion to View at this time.
Continue reading Fenner Case Update: Brooke Covington in Court

Fenner Hearing Reveals Queen(s) for the Day…..

Updated: December 9, 2016 10:31 AM
The Hearing held December 8th in the Fenner case answered some questions and left many still unanswered. By the time I entered Courtroom #2, the discussions of the State’s request for the Honorable Judge Marvin Pope to hear all cases related to the indictments were well under way. The Word of Faith Fellowship (WOFF) crowd was seated in the back right of the room close to the main entry door. This was not the normal front left position as in previous sessions. The media and others not affiliated with WOFF were sitting on the left side. Of course, I found a seat up about middle left.

Today was yet another small chapter in the ongoing saga of the Matthew Fenner case. Events from January 27, 2013 are in question. Five present and former WOFF members were formally indicted in January 2015. The indictments against Brooke Covington, Justin Covington and Robert Lewis Walker, Jr. who are still members and Adam Bartley and Sarah Anderson, former members; include second degree kidnapping, first degree assault and one count of inflicting injury by attempted strangulation. After initially attempting to represent all five defendants, WOFF attorneys Joshua Farmer, Mark Morris and all their associates were disqualified by Judge Pope in August 2015.

As a result, all five defendants have separate counsel. Brooke Covington is represented by David Teddy. Justin Covington is represented by Krinn Evans. Robert Lewis Walker, Jr. is represented by Matthew Cabe. Sarah Covington is represented by the Cooper Firm. Adam Bartley is represented by Robert Denton who also represents Nicholas Anderson in his civil case for divorce and custody against Sarah. All five defendants and their counsel were present today.

Now, back to the hearing….
Continue reading Fenner Hearing Reveals Queen(s) for the Day…..

Fenner Case: Defendants and Attorneys Appear, Bartley Arrested

Rccatalyst.com reported on June 29th, ADA Garland Byers called the Fenner case with Judge Tommy Davis on the bench. District Attorney Ted Bell stated previously that this hearing was for the defendant’s attorneys to make an official appearance on the record. Judge Davis notified all that the stay on the case was lifted. Three defendants already had counsel. This hearing was for Brooke Covington’s and Justin Covington’s counsel to be made public.

Last week, I was in Dallas, TX for a conference and unable to attend the hearing. From the article, the attorneys listed:

Sarah Covington Anderson- represented by the Cooper firm

Robert Lewis Walker, Jr. – represented by Matthew Cabe

Adam Bartley- represented by Robert Denton. Bartley was late and Judge Davis left his case open until he arrived.

Daniel Talbert – standing in for David Teddy, who will be representing Brooke Covington.

Justin Covington asked for a court appointed attorney and was appointed Krinn Evans.

Yes, folks. You just read that. From what I have heard, Brooke Covington dropped a pretty dime for the services of David Teddy. He comes with a reputation that precedes him. Justin- not so much. He had to reverse his course after refusing public counsel last year. After the Disqualification ORDER from last August and no access to the resources which Brooke apparently used, he is left with a public defender. Krinn Evans will do Justin a quality job, no doubt. He is a criminal defense attorney with an office in Marion, NC.
Continue reading Fenner Case: Defendants and Attorneys Appear, Bartley Arrested