Friday afternoon a Motion to Quash was filed in Rutherford County in the Anderson vs. Anderson divorce/custody case. (16 CVD 253). The Motion filed by attorney Paul Ditz seeks relief from the subpoena served on Matthew Fenner for a deposition hearing August 31, 2016 in Chapel Hill, NC. Ditz’s Motion included statements about the ongoing harassment of Matthew by members of Word of Faith Fellowship (WOFF) and their newest puppet attorney- Robert K. Denton. The Anderson vs. Anderson case involves Nicholas Anderson a present WOFF member versus Sarah Covington Anderson a former WOFF member.
Mr. Denton also represents Adam Bartley in the criminal case for Matthew Fenner’s allegations concerning incidents from January 27, 2013. In that case, five present and/or former members of WOFF were indicted on charges including second degree kidnapping, simple assault and assault inflicting injury by strangulation. These defendants include Brooke Covington, Justin Covington, Sarah Covington Anderson, Robert Lewis Walker, Jr. as well as Adam Bartley. The criminal case has been drawn out by pretrial motions and appeals. The next hearing date for the case is not known, but the most notable outcome thus far has been the Disqualification of WOFF bred attorneys – Joshua Farmer and Mark Morris and all their associates from representing any of the five defendants. Thus, we now see evidence of a puppet attorney – the honorable Robert Denton.
In a Motion to Continue the scheduled September 1st hearing filed August 22, 2016 by Denton in Anderson vs Anderson, he explains he has “…requested to take depositions of approximately ten individuals in an effort to narrow the issues, understand the issues before taking the Court’s time, and is now “guessing” to what witnesses need to be deposed prior to the trial of the actual issues.”
Motion to Continue Denton
In the same Motion he writes, “The list of witnesses may decrease or increase according to the Defendant’s answers to the interrogatories previously referenced.”
These statements don’t confirm his intentions to NARROW the issues but to broaden the scope of his depositions to simultaneously gather information to help in the defense of his other client, Adam Bartley. Ditz calls this strategy a “fishing expedition” and reveals another case where WOFF attorney Joshua Farmer attempted the same tactic. The case Ditz references is a civil case (15 CvS 32) Robert Lewis Walker, Jr, & Sarah Covington Anderson Vs. Jerry Cooper.
From the Motion to Quash:
“4. Among the actions taken by members of the Plaintiff’s church (WOFF) have included filing an action for libel against a former member of the church (Cooper) in order to obtain depositions of witnesses to the criminal action including Mr. Fenner. During those depositions, no questions were ever asked as to the statements made by the former member of the church who was the defendant in the action, but instead all questions in these depositions were asked regarding the allegations made by Mr. Fenner in the criminal case. Mr. Fenner was not a party to the action in which the depositions were sought. The case was dismissed on a Motion for Summary Judgement before Mr. Fenner could be deposed in the case.”
Shortly after the civil case against Cooper was dismissed in December of 2015, I viewed the file and found two interesting documents. The first was the Notice of Deposition filed by Joshua Farmer on December 14, 2015 seeking to depose Matthew Fenner on December 30th. In the notice, “The oral examination will continue from day to day until its completion.” This statement tells me- we don’t know when we will catch enough fish, so we will keep going until we do.
Notice of Deposition Fenner
Next, I found a “Third Amended Notice of Deposition” served on Richard Trey Hooper c/o of the Rutherford County Sheriff’s Office dated November 19, 2015. The deposition was set for November 23, 2015 and “The oral examination will continue from day to day until its completion.” I am not sure if this took place, but it probably did. I also remember another employee of the Sheriff’s department being listed as being deposed, but don’t recall their name and did not get a copy of the Notice. My question is what did Richard Trey Hooper have to do with Cooper’s statements on Facebook which were the crux of the civil case? Also, I wonder if Richard Hooper was assigned to the ongoing criminal investigation of Fenner’s charges?
3rd Amended Notice of Deposition
Josh, do you have an answer to either question? If you know the completed deposition(s) were pertinent, will you turn over the content of your inquisition of Hooper and any other employee of the Sheriff’s department? Mr. Denton, did you know you were repeating Farmer’s tactics? Of course, there is no correlation only coincidence, right? Care to share your list of requested depositions in the Anderson case? Do you see you are being played? Do you care or is it all “tomfoolery” to you? Do you see the risk of working for WOFF members and taking directives from their leader? Is she sweet to you?
Ditz’s Motion includes other instances where Fenner and his relatives have suffered unduly because of Fenner’s allegations. He writes, “It is Mr. Fenner’s belief that this (subpoena) is simply another attempt by the Defendants in the pending criminal action to harass, intimidate and dissuade him from furthering his prosecution of these defendants. … Such an outrageous and transparent misuse of the discovery process and subpoena power should not be sanctioned by this Court and must result in the subpoena being quashed.”
An odd footnote, in previous court documents for this case, there is mention of a sworn Affidavit by Nicholas Anderson of the innocence of his wife pertaining to Fenner’s allegations. Why would his attorney now request to depose Matthew in light of Nicolas’ Affidavit of Sarah’s innocence? What a conundrum. There is more to come to light in this case.
2016 continues as the year for changes!
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