Tag Archives: Judge Gary Gavenus

Uncategorized, WOFF Updates

Did Sandra Norris violate the gag order over the Fenner case?

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June 6th of 2017, Judge Gary Gavenus filed an Order in the State of North Carolina versus Brooke Covington trial. The Order declared a mistrial because of documents introduced into the jury room which “tainted the integrity of the verdict.” The Order also recognized the need to “protect the integrity of the trial for the State, the Defendant as well as her co-defendants.” The Court imposed a gag order over several groups of individuals including the jury, attorneys involved and those listed on the “State And Defendant Witness List.” Sandra Norris was included on that list.

Brooke Covington was standing trial based on indictments handed down in January 2015. The charges of simple assault and second degree kidnapping stem from events inside the Word of Faith Fellowship (WOFF) sanctuary on January 27, 2013 in which Matthew Fenner alleges he was beaten and held against his will. Four other defendants in the case include Sarah Anderson, Justin Covington, Robert Louis Walker, Jr. and Adam Bartley. Ms. Covington is the only defendant to stand trial so far in this drawn out case.

The gag order was modified in October of 2017 to allow the State Bureau of Investigation access to the sealed documents and set March 31, 2018 as an expiration date for the entire order.

Wednesday, Sandra Norris spoke on the WOFF radio show on WCAB 590 AM. WOFF takes to the air waves Monday, Wednesday and Friday mornings at 8:30AM. For those not in the immediate listening area, WCAB uploads their streamed version of the show- most days. Continue reading Did Sandra Norris violate the gag order over the Fenner case? →

Uncategorized, WOFF Updates

Fenner Case Update: Walker Trial Continued and Gag Order Modified

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What does this all mean?

Rccatalyst.com reported the continuance of the Robert Louis Walker trial earlier in October. A date for the trial to begin was not set. The reason given was “new discovery.” Translated this means new evidence. Assistant District Attorney Garland Byers agreed to the continuance and one has to interpret from that notion that the “new discovery” held some weight and potential effect on the pending trial, possibly a good thing in the long run (longer than ever anticipated).

For background: these ongoing court proceedings stem from incidents on January 27, 2013 in the Word of Faith Fellowship (WOFF) sanctuary in which Matthew Fenner alleges he was assaulted, held against his will and strangled. The indictments handed down in January 2015 were filed against Brooke M. Covington, Sarah Anderson, Justin Covington, Robert Lewis Walker, Jr. and Adam Bartley- all church members at the time of the incidents. After many pre-trial motions during 2015 which included a disqualification of Farmer and Morris as counsel for any of the defendants, Brooke Covington’s trial commenced earlier this year. During the June 6th session, unauthorized documents introduced into the jury room by the jury foreman caused Judge Gavenus to declare a mistrial. In addition, he followed this with a gag order on those involved in that trial either as potential witnesses, attorneys and court officials. The jury foreman, Perry Shade, spent 30 days in jail and was fined $500.00. The Associated Press filed suit to remove the gag order.

Rccatalyst.com also reported Judge Gary Gavenus finally ruled on the gag order he imposed in June. In court documents provided on the Rccatalytst.com website, Judge Gavenus modifies the order to allow the jurors to talk freely to the North Carolina State Bureau of Investigation (SBI). He orders the sealed documents surrounding the trial and the documents introduced to the jury held and viewed only by the SBI. He states he never intended the gag order to be permanent and set it to expire on March 31, 2018. Included in the documents is a line by line account of the conversations during the session on June 6th. I found this very satisfying and was glad to know the public could get some understanding for how this all evolved in court. The AP’s motion to immediately lift the gag order was unsuccessful.
Continue reading Fenner Case Update: Walker Trial Continued and Gag Order Modified →

Uncategorized, WOFF Updates

MISTRIAL: The wounds are still open…

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Superior Court in Rutherford County

Tuesday morning began with a buzz of expectancy. Conversations were filled with exchanges of opinions and speculations about what the next few hours held. Could this be the day that Brooke Covington of the Word of Faith fellowship (WOFF) is convicted of simple assault and/or second-degree kidnapping? Or will the huge grin from last week return to her face as she is found not guilty on both counts?

Will Matthew Fenner return to his life in college with some satisfaction knowing the legal system in North Carolina has meted out justice in response to the five indictments surrounding the events of January 27, 2013 occurring inside the sanctuary of WOFF? Brooke Covington is the first trial as four others; Sarah Anderson, Justin Covington, Robert Lewis Walker, Jr. and Adam Bartley were also charged and await their fate. Who could have predicted the events that would unfold?

The jury assembled at 9:00AM and returned to deliberations shortly thereafter. When I entered to courtroom, the atmosphere was different from days previous. The witness sequestration was over and more people were in the room including media, supporters of Matthew and a crowd from WOFF. The number of media representatives was larger than days past. I took a seat and began speaking with an investigative reporter from another city.

Soon, I learned of an incident from earlier in the morning. A young man had made some negative comments to a jury member in the hallway, and after the bailiff consulted with the Judge, the man was arrested. The man was to be charged with harassment of a juror and Judge Gavenus had requested the young man appear before him for arraignment and bond. This was only a foretaste of things to come.
Continue reading MISTRIAL: The wounds are still open… →

Uncategorized, WOFF Updates

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

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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 →

Uncategorized, WOFF Updates

Fenner Case Update- Three Witnesses Testify for the State

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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 →

Uncategorized, WOFF Updates

Fenner Case Update: 7 Jurors Seated, 7 more needed

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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 →

Uncategorized, WOFF Updates

Friday: Fenner Hearing in Rutherford County (video)

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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) →