Tag Archives: Garland Byers

Fenner Update: Defense Calls No Witnesses, Case Goes to the Jury

Today’s testimony by State witness Rachel Bryant confirmed the meeting held at Word of Faith Fellowship (WOFF) in Jane Whaley’s office as attended by several church member attorneys with the purpose of coordinating and coaching a strategy to counteract the charges filed in this case. The list of attendees sounded more extensive to me and I believe had an effect on what occurred later in the day. Ms. Bryant was the second witness in this trial to tell of the gathering, however, she did not attend the follow-up meeting in the sanctuary outlined in earlier testimony by Sarah Anderson.

The State also called a man who worked as a Detective Special Agent for the State Bureau of Investigation (SBI) in 1995, Mr. Shook. He was present during the March 1995 interview of Brooke Covington and relayed information from that investigation. That session centered on an incident from 1988 where WOFF members were involved in restraining a lady to a bed for 13 days for an extended “deliverance” session. Assistant District Attorney Garland Byers said the purpose for introducing the testimony was to affirm that when Brooke told Matthew, ‘You are going nowhere until these devils come out, I don’t care if I takes three days,’- she meant it.

After much discussion between Byers and Teddy over Rule 44-B, Judge Gavenus disallowed the admission of Det. Shook’s testimony and the jury never heard about the 1995 SBI investigation into WOFF from which then District Attorney Jeff Hunt decided not to pursue charges.

In retrospect, if Hunt had pursued charges in 1995, whether convictions were obtained or not; is it possible we would not have had the countless lives negatively affected by WOFF over the years since and the incidents involving today’s case never would have occurred? We will never know for certain. At a minimum, the evolution for “blasting prayer” to become “more and more aggressive over the last 16 years…” as Sarah Anderson testified during trial– may have been avoided. The entire WOFF subculture could have taken on a different nature- a healthier one. (Sigh)
Continue reading Fenner Update: Defense Calls No Witnesses, Case Goes to the Jury

Fenner Case Update- Three Witnesses Testify for the State

At the close of Friday’s session, Judge Gary Gavenus announced with a smile that the jury was excused for the weekend recess. After two full days of witness testimony on behalf of the prosecution in the Matthew Fenner case, he ended with the often repeated precautions for the jury to not expose themselves to outside sources of information including news media, Internet or social media. He added they were not to talk to each other, family or anyone else about the case in any manner. His instructions were firm, but laced with an underlying tone of respect and consideration for the fourteen individuals who answered the call for this jury session.

This has been a full week as several Word of Faith Fellowship (WOFF) members, former church members, press correspondents and supporters endured two full days to select the needed jurors. After the last alternate juror was selected and the Judge gave the jury instructions; Matthew Fenner was the first witness called for the State on Thursday. He testified the rest of the day. As a result of each potential witness being sequestered (not present in the courtroom during any testimony of other witnesses), the gallery was less full than in the previous two days.

In an attempt to time my arrival, I missed the first part of Matthew’s testimony which included his description of the events of January 27, 2013. I was told by one who heard it; they believed it was emotional and impactful. I have not doubt. The part of Matthew’s testimony outlining the events leading up to his escape is where my notes start.
Continue reading Fenner Case Update- Three Witnesses Testify for the State

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: Next Hearing May 19th- 2:00PM

The next chapter in the Matthew Fenner case is scheduled for Friday, May 19th at 2:00PM. Rccatalyst.com reported on May 9th an additional motion placed on the agenda for the hearing. A Motion of Discovery filed by ADA Garland Byers seeks the preview of all documents, photographs, video recordings which Brooke Covington’s defense attorney David Teddy plans to use during trial. The State also requests to learn if Teddy plans to use insanity, self-defense, voluntary or involuntary intoxication as her defense along with the reuqest for a list of any expert witnesses. A copy of the Motion is found in the article at Rccatalyst.com.

The list of Motions include:
– Defendant’s Motion for Change of Venue,
– Defendant’s Motion for a Bill of Particulars ( opposed by the State in Rccatalyst.com-here)
– State’s Motion for Joinder of Offenses for Trial
– State’s Motion in the Alternative to a venue change s Special Venire (jury pool),
– Motion for Discovery

One more motion by the State filed March 22nd- Motion for Jury View & Testimony During Jury View was discussed in a previous hearing, but not listed in the Rccatlyst.com coverage.

The Motion for Change of Venue will determine the future of this case when and where it will be held. The outcome of the Change of Venire will tell us from which county the jury pool will originate, if different from Rutherford County. The Motion for Jury View if approved will allow the jury to visit Word of Faith Fellowship (WOFF) and have Matthew describe in sworn testimony the events that unfolded the fateful night of January 27, 2013. My friends, we are not surprised that Jane Whaley is fighting this Motion with her own attorney, John W. Gresham. She is putting her foot down, her hand held up high and her shrill cry peeling the paint off the walls in warring prayer to squash any effort to cast her beloved sanctuary as a potential crime scene.
Continue reading Fenner Case: Next Hearing May 19th- 2:00PM

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…..