Thursday, December 17th; in Rutherford County Superior court, another drama played out surrounding Word of Faith Fellowship (WOFF) members- past and present. In review, the case involved a civil suit from present members Robert Lewis Walker, Jr and Sarah Anderson against former member, Jerry Cooper. Learning from verbal arguments, the suit alleges the Facebook comment Jerry Cooper posted- “True story” in response to a WRAL.com/AP article about the Matthew Fenner allegations has reportedly caused financial damages and constituted libel. Robert Lewis Walker, Jr. was said to have lost his job and suffered hardship over the indictments and according to attorney Josh Farmer- Cooper’s comment. Sarah Anderson is alleging the same and the (so far, undocumented) damages total $100,000.

The previous session involving this case was reviewed in a post… here. In that session, the subpoena of Matthew Fenner’s phone/voice/data records was quashed. However, there is an effort in Florida to depose former WOFF member, Danielle Cordez, in relation to this case. The effort is being aggressively contested and the outcome is yet known. Since the last court session, Matthew Fenner was also subpoenaed for a deposition December 30th in the Jerry Cooper case. As attorney Paul Ditz pointed out last time, any effort to access records of Fenner (and now a deposition of Matthew Fenner) is a back door effort to gain information involving the criminal case which names not only Robert Lewis Walker, Jr, Sarah Anderson as defendants, but also, Brooke Covington, Justin Covington and Adam Bartley. The case referenced as State vs. Covington is presently in review in the North Carolina Court of Appeals over pre-trial motions to disqualify Joshua Farmer, Mark Morris and any of their associates from representing any of the five defendants in the case.

Today, attorney Ditz led off summarizing the allegations and giving a definition of “libel.” He provided two cases which he believed addressed the issue at hand. He ended his first argument declaring Cooper comment “true story” did not meet the test of libel and thus, he moved to quash the case as baseless.

About 2:27PM, Josh led off declaring his beliefs of how the damages occurred and the exchanges between Judge Tommy Davis soon escalated and were difficult to follow for detail. Judge Davis questioned whether “True story” from Cooper would lend credence to the story. Farmer contended that if Fenner was standing in the courtroom and recounted the details in the article and Cooper was beside him and said- “True Story”- that would constitute libel. Judge Davis did not seem convinced. So, Farmer repeated the suggestion in a more emphatic way. In my opinion, Josh came off as a 6 year-old being refused his favorite lollipop. His became just as animated on Thursday, as when Judge Marvin Pope engaged him in a heated exchange back in August.

In a paraphrased recount, Judge Davis asked if he was missing something. Who had the deep pockets? Was Farmer stepping round the other three parties (Facebook, WRAL and the AP) to go after Jerry Cooper? Farmer replied; my clients may still have a course of action against them (the other three).

Farmer presented a North Carolina case which he believed applied. In his comments; attempting to answer several questions from Judge Davis, Farmer resolutely contended the average reader of the Facebook comment in question would believe Cooper’s affirmation of the story and assume guilt. When Judge Davis pointed out that the WRAL article included statements from Farmer denying the allegations- how would that affect opinions? Josh’s answer could not be clearly heard.

Theses exchanges were rapid and filled with as much emotion as would be allowed without things getting out of hand. Judge Davis ended discussions by agreeing to review the information presented by each attorney and issue a decision by next week. Quickly, I left and followed Paul Ditz out to ask more questions. In the foyer between the courtrooms, Josh emerged to talk to Paul Ditz. Stepping aside, but still in earshot, Josh asked if the case continued was the (deposition of Matthew Fenner) still on for December 30th. Ditz nodded.

Forget the banter and drama occurring in the courtroom, the lollipop, the prize, for Thursday, for Farmer was his hopes for the deposition of Matthew Fenner to survive and occur on December 30th. Farmer unsuccessfully covered a smirk and asked Ditz in an authority voice, do we have any more issues to discuss here? His goal of deposing Matthew Fenner about the events of January 27th 2013 had survived- for now. Judge Davis could torch the whole deal by granting the motion to dismiss/quash the case.

Does anyone else see the real purpose of the civil case? Paul Ditz called it a backdoor way to gain information that would affect the defense of not only Walker and Anderson, but any or all of the other three defendants in Fenner’s criminal case. Matthew Fenner and Danielle Cordez are not parties to the civil case. Farmer’s efforts to depose them are a BLATANT violation of the spirit of the ORDER of Disqualification by Judge Pope in the Fenner case earlier this year.

From page 7 of the PETITION FOR WRIT OF CERTIORARI filed by Farmer in the North Carolina Court of Appeals in State vs. Covington:

The undersigned counsel note to the Court that they proceed in this matter with an abundance of caution and with due deference to the trial court’s order of disqualification entered August 6, 2015. Since that time, counsel have limited their representation of Petitioners to seeking review of the disqualification order and related orders of the trial court. The undersigned have considered the ethical implications of representing Petitioners in seeking appellate review after having been disqualified in the trial tribunal and rely on N.C. R. Prof’l Conduct 3.4(c), which states: “A lawyer shall not … knowingly disobey … an obligation under the rules of a tribunal, except a lawyer acting in good faith may take appropriate steps to test the validity of such an obligation.” The undersigned sought guidance from the ethics counsel at the North Carolina State Bar who confirmed that this rule authorizes the actions of the undersigned in seeking review of the rulings below.

Josh, if you were not using the Cooper civil case to depose Matthew Fenner and Danielle Cordez, you would possibly be in compliance with your own stated “abundance of caution.” To date, your pretention of caution is only a lie you tell yourself and those in your firm. Are you “knowingly disobeying?” Regardless, if you admit it, what is the public perception of your “good faith” efforts “…to test the validity of such an obligation?” (the Disqualification) Did you in anyway disclose to the Court of Appeals your firm’s role in Walker, Anderson vs Cooper and the efforts to depose Fenner and Cordez regarding the events of January 27, 2013? Or are you attempting to hide under the “…related orders of trial court?” Ask yourself; is it worth the risk to your ability to practice law in North Carolina? Are you so blind with loyalty to Mother Jane?

If Judge Davis rules in favor of the motion to quash, the motions in this case will not evaporate. If he does not stop the deposition of Matthew Fenner; then proceed at your own risk, Mr. Farmer. You just may not like the flavor of the lollipop.

Season of Changes is upon us. When will there be snow in Spindale?

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