Tag Archives: Justin Covington

Fenner Case Update: Walker Trial Continued and Gag Order Modified

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.
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Fenner Update: Bartley Trial Date Moved, Walker Trial set for October 23rd

Buncombe County Courthouse Entrance

Following the predictably unpredictable theme, on Wednesday of this week, Brian Oglesby filed a Motion to Withdraw as counsel for Adam Bartley. Attorney Thomas Amburgey filed a Notice of Appearance to represent Bartley and a Motion for Continuance. Judge Marvin Pope scheduled a hearing on the Motion for Continuance for Friday at 2:00PM, in the Buncombe County courtroom on the ninth floor.

This development came less than two weeks before the trial for Adam Bartley was set to start on October 23rd. The Rccatalyst.com reported this update on Thursday with several documents provided in the article to show the steps leading up to Friday’s hearing.

These 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 against Brooke M. Covington, Sarah Anderson, Justin Covington, Robert Lewis Walker, Jr. and Adam Bartley. After many pre-trial motions which included a disqualification of Farmer and Morris as counsel for any of the defendants, Brooke Covington’s trial commenced earlier this year. Unauthorized documents introduced into the jury room by the jury foreman caused Judge Gavenus to declare a mistrial followed by a gag order on those involved in that trial. The jury foreman also spent 30 days in jail and was fined $500.00. The Associated Press filed suit to remove the gag order. To date, the gag order remains in place and blocking investigators from performing any inquiries into the jury foreman’s actions.
Continue reading Fenner Update: Bartley Trial Date Moved, Walker Trial set for October 23rd

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Fenner Case- Medical issues for David Teddy delay Covington trial, Bartley Case called for September

The months pass quickly again this year as the journey for justice is longer and longer. Today’s hearing in front of Judge Marvin Caldwell was postponed because this Judge refused/declined to hear the motions according Rccatalyst.com. In another report, Rccatalyst.com shares the update that on July 28th at 9:30AM in the Buncombe County Superior Court- Judge Marvin Pope will hear pre-trial motions which include these possibilities:

-Motion for Continuance
-Motion for Fenner to produce recordings
-Motion for Change of Venue by Teddy

In a related matter, Judge Gavenus as the originator of the gag order set in place after the mistrial on June 6th in the State versus Brooke Covington trial – has agreed to review the pending motion to lift the order filed by the Associated Press and the Charlotte Observer. He will also review the motion filed by the State to partially lift the gag order so the investigation into the introduction of unauthorized documents into the jury room by the jury foreman can proceed. Judge Gavenus is asking for the supporting documents to be submitted on or before August 1st.

The court calendar lists the State versus Adam Bartley for September 11th. Bartley is one of the Famous Five defendants who all were members of the Word of Faith Fellowship (WOFF) on January 27, 2013, the date Matthew Fenner alleges he was assaulted and held against his will in a deliverance session in the WOFF sanctuary. The other four include: Brooke Covington, Justin Covington, Sarah Anderson, and Robert Louis Walker, Jr. Since the incident date, Bartley and Sarah Anderson have left WOFF.
Continue reading Fenner Case- Medical issues for David Teddy delay Covington trial, Bartley Case called for September

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Fenner Case takes a turn… July 17th next court date

moon plant
moon plant

As I sit here surveying the latest round of Motions and Orders in the Matthew Fenner case, I can’t help but wonder where the road will lead us. Where will this path that began in 1979 by Sam and Jane Whaley take us as a community and as a group of survivors, where will it end? Will it ever end? Will the destructive dynamics set in motion so many years ago, which have been allowed to strengthen and fester in a small community in Western North Carolina ever come to a conclusion? Does the winding journey have a happy ending for anyone?

This journey begun with possibly good intentions includes people from several countries and many members hailing from various parts of the United States. On this day when we are to celebrate the freedom afforded us by our Constitution and upheld by our strength as a nation; we are experiencing and witnessing a court case unfold which includes allegations of intimidation and fear, along with testimonies and evidence which any sane person would agree do not signify a healthy religious environment.

A survey of the history of Word of Faith Fellowship (WOFF) includes episodes of religious abuse, political and community scandal, physical and emotional abuse, financial doubts and many court cases full of legal wrangling. A journey of over thirty years has touched so many lives in on several continents in such negative ways. I do not believe what we see as the practices included in the WOFF subculture were ones our forefathers intended to protect when they declared “freedom of religion.”
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A Week of New Court Dates, Disappointment and Sorrow

Professional and personal commitments kept me from posting updates about the Matthew Fenner case this past week. Rccatalyst.com has been one of the sources carrying updates. As a recap; June 10th – Judge Marvin Pope opened matters with setting June 20th for a deadline for pre-trial motions in the State versus Brooke Covington trial. He required any such motions be heard in Buncombe County on July 7th. The exception for that date was a Change of Venue Motion for which a separate date would be announced.

Attorney David Teddy filed a Motion for Continuance citing his preplanned vacation to Ireland during July and the necessity of reviewing transcripts from the first trial adding the expedited costs would run around $5,000. Assistant District Attorney Garland Byers said the Rule for such declaring reasons for a Continuance had not been properly met.

The result so far includes the latest date for trial in the State of North Carolina versus Brooke Covington is now set for September 11, 2017. I don’t know yet who the judge is for that judicial session. It will be interesting to learn and watch the events unfold through the summer.

As an observer, I understand the time and expense for obtaining a transcription of the first trial. My caution is that in an effort to expedite, that the assigned court reporter, Leanna Lynch, does not ask anyone affiliated with Word of Faith Fellowship (WOFF) to help in the completion of the request- for obvious reasons. Bridges Court Reporting is owned by Laura R. Bridges. She is a faithful WOFF member at last count having previously worked inside the Rutherford County Courthouse. There may be guidelines already in place to prevent such a mistake. I am not sure, but just wanted to make known my concerns.
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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.
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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…..

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