RUTHERFORD COUNTY, N.C. — The July 17, 2017 pre-trial motion in the Matthew Fenner / WoFF members cases has been canceled. Judge Marvin Jesse Caldwell has declined to hear the motions including those filed for the lifting of the gag order on the jurors, witnesses, and others associated with the case.
From statements in a case file memo, Brooke Covington’s defense attorney David Teddy has apparently become unavailable due to medical issues for trial in September 2017.
Also, in that same memo attorney Rob Denton who is defense counsel for Adam Bartley in the Fenner/WoFF cases, appears to be asking for more time. Prosecutor Byers states that the original incident dates from 2013 and he could not support any further delay in trying the case. The suggestion is made that he file a motion to continue “and let the court rule on your motion.”
Byers has offered to accommodate Denton to have the motion heard before the judge outside of county or judicial district. A request to be copied on all correspondence regarding this matter was made.
Adam Bartley’s trial is expected to be called in September 2017.