This week brought more motions and notices in the Matthew Fenner case.
September 15th- Rccatalyst.com reported Attorney Beeker withdraws from Fenner Case. They also reported Ms. Beeker filed a continuance for the three defendants, Brooke Covington, Justin Covington and Sarah Anderson for more time for them to find counsel. Beeker included Robert Lewis Walker, Jr. in the list of defendants. Walker’s attorney of record, Matthew Cabe, did not sign the motion. Could this just be sloppy paperwork? It is not clear how this will be treated during Monday’s session.
On the same day, the disqualified Josh Farmer filed a Petition for Writ of Supersedeas and Motion for Temporary Stay on behalf of Brooke M. Covington, Justin B. Covington and Sarah C. Anderson in the North Carolina Court of Appeals (19 pages). Mr. Farmer along with Mark Morris also filed a Petition for Writ of Certiorari (157 pages). The review of these documents is too long for this post. We will look at them in an upcoming post. There is a lot of feedback to offer about what was put in and what was left out of these documents. There is a docket entry for the filings, the fee has not been paid and it is unclear whether the Court will review and act on these filings.
September 18th, a motion from Adam Bartley’s attorney Robert Denton arrived in the mail and the clerk’s time stamped it into the records. We review this Motion to Continue All Motions below. Also, just before 5:00PM, Assistant District Attorney Garland Byers filed a response to Denton’s Motion. I do not have a copy, but will review it in a later post. For now, it is enough to look at Denton’s Motion.
Attorney Robert Denton: …upon information and belief…
Denton Motion to Continue
This past Friday afternoon, I made my way into the Rutherford Court Courthouse to obtain copies of any new filings in the Matthew Fenner case. When I arrived there were none available. However, just before leaving, the Motion to Continue All Motions was received via mail and filed by Adam Bartley’s attorney Robert Denton. Once I secured my copy, I was on my way out the door.
Five defendants; Brooke M. Covington, Justin B. Covington, Sarah C. Anderson, Robert Lewis Walker, Jr. and Adam Bartley have all been indicted and charged with simple assault and second degree kidnapping of Matthew Fenner on January 27, 2013. The incident took place in the sanctuary of Word of Faith Fellowship (WOFF) in Spindale, NC. Sarah Anderson is also charged with assault by strangulation. Three of the defendants, Brooke, Justin and Sarah have had their counsel, Tomblin, Farmer and Morris (TFM) disqualified by ORDER of Judge Marvin Pope. Attorney Angela Beeker posed for a time as counsel for them, but as mentioned above, she has since withdrawn her representation. Exactly who Brooke, Justin and Sarah have as their counsel right now is unclear.
Robert Lewis Walker, Jr. a present member of WOFF is represented by Matthew Cabe. Adam Bartley is represented by Robert Denton. Mr. Denton’s Motion lists ten points in support of his request. We will review the most relevant points and provide a copy of the entire document.
In the introduction, Denton writes, (defendant, Bartley) “moves the Court to continue all motions until all parties are represented by counsel, all discovery has been completed, and otherwise to a time when the interests of justice can be better served, and shows the Court as follows…”
After stating some basic information:
“3. That this is not a very complicated case involves no scientific evidence to which counsel is aware and is otherwise factually simple.”
“4. That the undersigned’s involvement in the case has been brief,…” (but, he already assures himself this is a factually simple case?)
“5. That upon information and belief, the State of North Carolina is vigorously attempting to prosecute these defendants for reasons other than the facts associated with the case and, upon further information and belief, due to the defendant’s association with a church in Rutherford County which has been controversial, to some people, in the exercise of its religious freedoms under the United States Constitution.”
Where is he getting his “information and belief”? Has his previous associations included Mark Morris and/or the Assistant District Attorney of Burke County- Frank Webster? Is this the source of his information? Was he nestled in his home of Burke county for the last few years and thus unaware of the ongoing WOFF dramas? Has he done any independent investigations into the continual allegations and horrendous stories of survivors which have emerged from WOFF? Does he rest his hopes for this case on the “simple facts of the case” as relayed to him by TFM and their associates? “… exercise of its religious freedoms…”? When an alleged assault and second degree kidnapping are protected “religious freedoms”, we have bigger problems than a “factually simple case.”
It is evident by point number six; Denton has been on the WOFF news feed for a while. His recitation makes him sound like a Josh Farmer protégé. From the Motion:
“That since involvement began in this case, the undersigned has seen a pattern develop of motions to disqualify counsel for the other Defendants, who ironically are members of the Church referenced, …and otherwise a pattern of discrimination against these Defendants which, upon information and belief, leads the undersigned to believe that there is a factual basis for a civil action to be filed against the District Attorney’s Office in Rutherford County in the United States District Court for violation of these individuals civil rights per the United States Code and potential state Court claims for abuse of process, malicious prosecution, intentional and negligent infliction of emotional distress, among other torts.”
Wow, it is 2003 all over again. Mr. Denton, which WOFF wedding or open meeting did you attend? How many times have you visited the church and been swooned by the open arms and warm smiles? Was Jane sweet as jelly toast to you? News flash- the incidents in question happened at WOFF. ALL of the defendants (during January 2013) and their first choice for counsel attended the church. The victim in this case alleges the crimes were commissioned by church members. WOFF is not the pink elephant in the room no one can talk about.
Were you taken to the lower building or Brooke’s basement or Jayne’s house or any of the other holding grounds for wayward members who “give to the unclean?” Did they allow you to witness loud blasting deliverance prayer in its original heated commotion? How would you know? Did the meeting have a similar pitch as a loud jet taking off? If not, you were being schmoozed. You have nothing to use as a reference to know if you were being told the actual truth or fed a load of cow punky. You have no ability to discern or truly know what goes on behind closed doors. Trust me on this-you will NEVER personally know what has gone on in the bowels of that place. You will NEVER be allowed to witness what I write about in the Prologue of my book, Locked in. If you contact me, I will give you a signed copy if you promise to read it.
Denton goes on the call for “the District Attorney to hand over the case to the NC Attorney General’s Office for a more reasonable fair, balanced, unquestioned view of the District Attorney’s motives. …Upon information and belief, that is unlikely to happen voluntarily and defense counsel intends to file a motion seeking the same, including recusal of the District Attorney’s Office from the case in total.”
Mr. Denton, you have a ton of information and a lot of beliefs to also state in #4- “That the undersigned’s involvement in this case has been brief…” You seem pretty set in your conclusions and we have not had jury selection yet. Are you fit to counsel Adam Bartley if you allow him to refuse a plea that could help him avoid costing the State again to house and feed and care for him in prison? In number 7- you whine about driving 45 minutes to pick up the discovery as if you never plan to be in the county doing your due diligence and investigating the charges against your client? Are you ready to accept your client’s proclamation of his innocence before you review with him the technical aspects of the charges against him? Has he been counseled concerning the technical definition of kidnapping? This is why I ask you if you have witnessed WOFF deliverance. Your client may resolve his innocence without understanding the definition of the charges.
In number 8- Denton states from his brief involvement, “this is a case which is otherwise not complex at all to even the most junior lawyers but for the fact that there are other reasons associated with the prosecution, upon information and belief.”
Does this statement mean there is no complexity to a case where five defendants originally represented by a common firm, all members of the same church and whose secured bonds were supplied by the same church where the alleged incidents took place; this is a simple case? Mr. Denton, are you concerned that WOFF put up the secured bond for your client and what influence that might have over him? Is their act of “kindness” for their good or for your client?
“9. That the District Attorney’s Office will stop at nothing to prosecute these individuals for, among other things their religious practices, and upon information and belief, has no care for the fact that a special assignment of one Judge to a case which is not very complex , does nothing but cost the State of North Carolina even more money than has been spent on this case, begs the question of “why” such a motion or order is necessary, places this Honorable Court in a position where the citizenry in Rutherford County as well as at least this Defendant, thinks the Judge requested favors one party over another…”
Mr. Denton, is this the way you handle your cases in Burke County? Do you offer insults and throw downs and threaten civil action? This is a case where there were several rulings to correct the shenanigans of previous officials before you filed your Notice of Representation. It is obvious to me you have been associating for some time with one close in agreement with Jane Whaley. Am I far off here?
As if nine points were not enough to reveal your obviously prejudicial and combative stance…
“10. … the undersigned respectfully asks that the Honorable District Attorney’s Office, turn this case over voluntarily to the State Attorney General for whatever actions are necessary to pursue the interests of justice on behalf of all citizens of Rutherford County, and let that office take these cases out of the realm of suspicion, conjecture, tomfoolery and the otherwise appearance of a prosecution against members of a certain church…”
Mr. Denton, if you consider these cases only as prosecution of WOFF members and their religious practices, your client will not have complete counsel. If you are blinded by your obvious proliferation of “information and belief” (using the phrase eleven times in this Motion), I must question where you have secured your information? Have you indeed eaten at Jane’s table full of notions born out of desperation to keep her kingdom intact? Do you have any idea of the damming evidence against the results of the practices in question which already resides in the public realm? If you need a few pointers where to start looking, I can help you. If you are determined to be a mouth piece for TFM and Jane Whaley – then your presence will only add to the complexity of these cases and be a further drain and drag on the legal processes before us. The quality of your career in the next few months as well as the defense your client receives depends greatly on who you believe. I hope you are open to something besides sweet notions from the WOFF bakery.
In future posts, we will review Garland Byer’s answer to the ten points in Denton’s motion and the documents filed by Josh Farmer on behalf of Brooke, Justin and Sarah in the NC Court of Appeals. Check back soon.
Season for Changes rolls on…
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Scripture references are Amplified Version unless otherwise noted. (Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation ) This is post number 537.