Category Archives: WOFF Updates

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Judge Tommy Davis- Who is Matthew Fenner?

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Superior Court in Rutherford County
Superior Court in Rutherford County

Thursday, October 8, 2015, in Rutherford County Superior Court there was a hearing held in the civil case brought by Robert Lewis Walker Jr. and Sarah Covington Anderson against Jerry Cooper Rccatalyst.com wrote about the case here when telling about the arrest of Jerry Cooper in the criminal case brought by Jane Whaley which was dismissed on May 29th. Mediation in the civil case did not bring a solution. The civil case surrounds Jerry Cooper’s Facebook posting commenting on the WRAL story of Matthew Fenner’s story of the events of from January 27, 2013. The issues in front of the court Thursday included a subpoena of the phone records of Danielle Cordez and Matthew Fenner.

One of the obvious differences on Thursday was the absence of any other WOFF members except Mark Morris, Hannah Davies and one other young WOFF member sitting in the attorney area. Mark Morris spoke as the lead attorney for Walker and Covington. Attorney Paul Ditz represented Jerry Cooper in this case.

About 2:12PM, Mark Morris leads off the session. The issues discussed included the requirements to obtain phone records from Ms. Cordez in Florida. In the end, this issue was not concluded as Judge Davis required more information from the attorneys. The process for an out of state party to obtain private records from a Florida resident is more involved than in North Carolina.

In the session, the definitions of libel and defamation were reviewed and rules quoted. During the discussion of the subpoena of Matthew Fenner’s records, Judge Davis asked, “Who Is Matthew Fenner?” In retrospect, the question did not mean, “I don’t know about Matthew Fenner.” I believe this was a way to get information into the court records about Mr. Fenner and related matters. Judge Davis presided over the initial hearings in the Fenner case as reported by Rccatatlyst.com.
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Uncategorized, WOFF Updates, WOFFGATE

Summary of Events for Week of 9/4/2015 (Court docs)

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This past week included disclosure of documents outlining several events in the Matthew Fenner case. As a review, five defendants from the Word of Faith Fellowship (WOFF) were indicted earlier this year on several charges including felony assault and second degree kidnapping stemming from events on January 27, 2013. The five defendants include Brooke M. Covington, Justin B. Covington, Sarah Covington Anderson, Robert Lewis Walker, Jr. and Adam Bartley.

Pre-trial events have included a show stopping disqualification of Joshua Farmer, Mark Morris, Andrea Farmer of Tomblin, Farmer & Morris (TFM) and their associates from representing any of the five defendants. Judge Marvin Pope issued the order on August 6th and also confirmed his Order after a hearing on August 27th. During the August 27th session, attorney Angela Beeker argued the case against disqualification on behalf of TFM. This disqualification came into focus after TFM refused to present Adam Bartley with a plea deal offered by Assistant District Attorney, Garland Byers. In a hand written refusal of the plea, Bartley said, “…I did nothing wrong.” Adam Bartley and Robert L. Walker, Jr, each have secured separate counsel from TFM. Mr. Bartley’s attorney is Robert Denton and Robert Walker’s attorney is Matthew Cabe. Both of these attorneys have their office in Morganton.

This is where we pick up our summary of this week. In court documents, a letter dated August 25th from Bartley’s counsel,in response to the previously reported Motion to Revoke Bond, Robert Denton included these words in regards to the Motion for his client,

“I am saddened to receive the same (motion) and had hoped to have a more professional relationship with you…Do you really intend to tell the Judge that it is a coincidence that approximately a week after he turned your plea down that you decided to file a motion to revoke his bond?… You may want to consult the Rules of Professional Conduct on a prosecutor abusing his calendaring authority for these types of shenanigans. …As you know I do not even have discovery in the case… It seems to me that you are taking this case very personally… I would request you withdraw your motion and we discuss your concerns over the phone…If these are the types of games you play… Perhaps you should recuse yourself from this case?”
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Denton letter to Byers
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Motions, Commotions, WOFFGATE Palaver

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This past Monday, Assistant District Attorney Garland Byers filed two Motions in the morning and one in the afternoon. The morning filings were a Motion to Dismiss Defendant’s Motion to Reconsider Disqualifying Counsel and a Motion to Strike the Documents Captioned “Notice of Appeal” and “Motion to Stay Proceedings”. These motions were in response to the Tomblin, Farmer & Morris (TFM) filings the previous Thursday which attempted to secure an appeal of the Disqualification from Judge Marvin Pope on August 6, 2015. (use the BACK ARROW to return to post)
Motion to Dismiss Motion to Reconsider
Motion to Strike

In summary of the Motion to Dismiss, Mr. Byers contends that the “substantial change of circumstances” were “…all the result of acts which were in violation of the Court’s lawful order. (to disqualify TFM) He also included that the conflicts were “…concurrent non waivable conflicts of interest that are actual conflicts and not merely possible conflicts…”

In summary of the Motion to Strike, Mr. Byers reasons “…that there is no basis in law or fact for the documents to be filed and that the documents are of no legal effect.” He then lists the “A total of 9 separate acts of representation appear(ing) in the official record as filings on the part of the disqualified counsel after the entry of the Court’s Order of August 6 which disqualified them all as legal counsel in these matters.”

Additionally, “7. A total of 24 separate acts of representation that are reflected and appear in the official record as exhibits which were prepared by disqualified counsel after entry of the Court’s Order…”

“25. Disqualified counsel and defense counsel did not follow the proper procedure in attempting to obtain appellate review. The defendants’ aforesaid filed documents should, therefore, be stricken.”
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Uncategorized, WOFF Updates, WOFFGATE

Summary of Events for the Matthew Fenner Case

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One struggle I find in writing this blog for the last several years is making the ongoing story lines understandable for new readers. I have learned that readers may visit here for a time and move on to other interests. Weeks, or months later, they return and find it hard to take in the drama during their time away. That is one reason I made the “Quick Links” page. There certain posts are grouped by subject. Take time to visit that page as you can. Pages are listed between the most recent post and the banner at the top of the home page.

The post will recount the events surrounding the Matthew Fenner case. This was first posted in Portuguese and it caused some confusion. I apologize as that was not my intent. The purpose was to bring our new Brazilian readers up to speed on these events. Because of translating logistics, we did not explain the result of the disqualification hearing in that post, but we will in the near future as there will be more to add to the description of the continuing events. Thank you to our English readers for the understanding. Please, share this news with our friends in Brazil. I appreciate many who made me aware of the need to add this feature. So, excited to add Portuguese to this blog!

We will not have space to retell every detail; however we will review the pivotal events ending with the recent court events.
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Uncategorized, WOFF Updates, WOFFGATE

DISQUALIFICATION!!!

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This conclusive ruling by Judge Marvin Pope caps off a week of big developments in the Matthew Fenner case. Friday, the ruling was made public on rccatalyst.com. Judge Pope granted the State’s motion for disqualification of all attorneys affiliated with Tomblin, Farmer and Morris (TFM). The attorneys listed on the TFM website include Joshua Farmer, Andrea Farmer, Mark Morris and Caleb Farmer. This ruling bars them from representing in any manner in the defense of any of the five defendants.

From the rccatalyst.com article, “The representation of five co-defendants in this cause of action (now four co-defendants) is a concurrent conflict of interest which exists and cannot effectively be waived by a defendant absent knowledge of what a co-defendant may testify on behalf of the State against the remaining co-defendants.”

Additionally, from the ruling, “This disqualification of an attorney does not mean that the attorney has violated a specific disciplinary rule.”

In granting the motion the judge also requested the District Attorney to “calendar a court date for the Court to advise the remaining defendants of their right to counsel, either appointed or a waiver of their right co counsel.”
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WOFFGATE- Another Motion Filed Thursday in Matthew Fenner Case

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Rcatalyst.com reports this story. Another motion was filed by Assistant District Attorney Garland Byers in the Matthew Fenner case on Thursday. “This is a Notice of Hearing on a Motion for Special Venire from Another County.” This motion is for the jury selection in the trial of five defendants in the Matthew Fenner case: Brooke Covington, Sarah Anderson, Justin Covington, Robert Lewis Walker, Jr. and Adam Bartley. The charges in the case include simple assault and second degree kidnapping. Sarah also faces a charge for allegedly attempting to strangle Matthew.

The hearing is scheduled for September 21, 2015 at 9:30AM which is the same session in which the Change of Venue request filed earlier in the year by Tomblin, Farmer and Morris is set to be heard.

From the article, “The State asserts that the Defendants can receive a fair trial in Rutherford County. The N.C. Supreme Court has held that the existence of pretrial publicity by itself does not establish a reasonable likelihood that a defendant cannot receive a fair trial in the county where the crime was committed.

Byers further states that it is logistically impractical to have the trial in another county. Additionally, the appearance of any special treatment to these defendants should be avoided. …the State requests that jurors be brought in from Buncombe County, NC. The requirement of Jurors to travel to a county different from their residence is expressly authorized by the N.C. state statute.”

What does this mean? It means two things to me. First, Mr. Byers is attempting in every way to provide an environment where this case can be fairly heard for victim and defendants. Second, having the jurors brought in will in some regards may create more media attention. I do not believe this aspect of the trial is under direct control of Mr. Byers, nor should it be. This case has and will continue to be newsworthy to many in NC and across the country. Certainly, a scenario of five potential aggressors versus one victim is noteworthy. The laws of our State are meant to protect victims in these situations and justly penalize the aggressors.

The Summer of Decision rolls on. Hot, hot and hotter. How will this be played inside WOFF? We may never know or will we? Also, a much awaited decision on the disqualification of the attorneys from Tomblin, Farmer and Morris is expected any time. The ruling regarding the disqualification will add yet another layer of intrigue to this case- no matter how the judge rules. Return daily, there is so much breaking news in this case and the trial has not even begun!

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Uncategorized, WOFF Updates, WOFFGATE

WOFFGATE-Stunning Developments in Rutherford County

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This morning the Superior Courtroom was alive with action. There were several items on the docket which required plenty of attorneys. The session was scheduled to start at 9:30AM. I arrived at 9:15AM and met Matthew Fenner and his supporters in the foyer of the courthouse. We entered the room taking seats on the right side of the courtroom, most sitting toward the front. The only member of Word of Faith Fellowship (WOFF) present at that moment was Karel Reynolds. Soon, the others made their way in and the beehive of activity ebbed and flowed as attorneys milled in their area and onlookers took seats and spoke in hushed tones. The cameraman for WLOS Channel 13 waiting outside the courtroom door on hold for permission to film or take pictures.

About 9:50AM, Assistant District Attorney Garland Byers along with Josh Farmer approached the bench where the judge was setting up his computer for the session at hand. Probably, the permission for video was discussed and the judge agreed to rule on it soon. The activity continued as conversations in different corners buzzed with the issues at hand.

At 10:03AM, the court was called to order, all stood as Judge Marvin Pope entered and was seated. At last, we were beginning. I was in the front row and surely missed the ebb and flow of any dramas behind me. Much to my dismay, there were other court cases on the docket. Two defendants were heard and their cases processed. This only added to the overwhelming anticipation. Come on, let’s get rolling!

At 10:34AM- Mr. Byers steps off to the left side of his table, glancing down at documents and addressed the judge saying there were two matters before the court which were not on the docket. In order to brief the judge, the attorneys agreed to retire to the judge’s chambers and give the background of the matters at hand. Another wait… Again, hurry up and wait was the order of the day- normal for court sessions, right? Oh, the excitement was rising to a fever pitch, at least in my mind.

11:00AM, the attorneys for each party and the judge reentered the courtroom. Ray Farmer was called to the front. He was sworn in and took his place on the witness stand. From here, let me say again the acoustics were not great and I may miss what some others would consider important parts of the testimony. I may concentrate on something others may find as minute. But, at least, the hearing started.
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