This morning was a cool one in Asheville. I arrived just in time to see Kent Covington and Ramona Hall make their way up the steps and into the U.S. Federal courthouse, Kent in his dark suit and Ramona wearing a dark winter coat. They did not answer questions and there was no skip in their step. They looked solemn. Soon, Kent’s attorney Steve Cash walked up the steps. The plea hearing was on schedule.
Just after 10:00 AM, the bailiff called the room to order. Magistrate Judge David S. Cayer presided over this hearing. He was very deliberate and clear. Kent was asked to stand and be sworn in. He also stood during the reading of certain documents. The hearing included Cayer reading documents, asking Covington questions and recording his answers. The documents in this case included the Factual Basis, we reviewed parts of it in a previous post. A “Certification of the Factual Basis” was reviewed and signed by Covington today.
From the Certification:
“…I, Marion Kent Covington, do hereby state, certify, and stipulate that the Factual Basis (#30) filed in this matter all statements therein are true and accurate and had this matter proceeded to trial, the United States would have been able to prove statements in the Factual Basis beyond a reasonable doubt.”
As predicted, the language in the Factual Basis listing Jane Whaley in the paragraph with “conspirators” goes in the court record and in my opinion makes her an “un-indicted co-conspirator.” My views strengthened as the hearing progressed.
The Plea Agreement was referenced. Included in this Agreement was this text:
“#2 In exchange for defendant’s plea of guilty to Count One, the United States agrees that it will not pursue additional criminal charges against the defendant, or Brooke Covington, based on: (a) any criminal conduct that is relevant to conduct in this case; or (b) any criminal conduct that is otherwise known to the United States as of the date of this Plea Agreement, and that was included within the discovery provided to defense counsel in connection with this case.”
Continue reading Kent Covington pleads guilty- Brooke will not be charged in this case