ASHEVILLE — W. Carleton Metcalf, U.S. Magistrate Judge, ordered today the issuance of subpoenas for the following ex-members of the Word of Faith Fellowship (WoFF) and participants of the A&E Docu-series “The Devil Next Door:”
- Sarah Anderson,
- Chad Cooper,
- Benjamin Cooper,
- Micah Cooper,
- Sean Bryan, and
- Rachael Bryant
The subpoenas shall direct the witnesses to produce the following:
a. All documents or other communications—including, but not limited to emails, social media, and text messages—reflecting the payment of money or anything of value, in any form, to You from Collins Avenue Entertainment, LLC, Fly Girls, LLC, A & E Television Networks, LLC, or any of their subsidiaries or affiliates and any documents related to such payment between January 1, 2017 and December 1, 2018;
b. Documents sufficient to show any and all compensation You received from Collins Avenue Entertainment, LLC, Fly Girls, LLC, A & E Television Networks, LLC, or any of their subsidiaries or affiliates between January 1, 2017 and December 1, 2018; and
c. Any documents or electronically-stored information—including writings, drawings, graphs, charts, photographs, sound recordings, video recordings, images, and other data or data compilations—memorializing, regarding, or reflecting any communications between You and any representative or employee of Collins Avenue Entertainment, LLC, Fly Girls, LLC, A & E Television Networks, LLC, or any of their subsidiaries or affiliates from January 1, 2017 to December 1, 2018.
When presented with an application seeking the issuance of a subpoena duces tecum returnable prior to trial, a court must assess whether the proposed subpoena clears the hurdles of “(1) relevancy; (2) admissibility; (3) specificity.” United States v. Nixon, 418 U.S. 683, 700 (1974). Specifically, the application must show:
(1) that the documents are evidentiary and relevant;
(2) that they are not otherwise procurable reasonably in advance of trial by exercise of due diligence;
(3) that the party cannot properly prepare for trial without such production and inspection in advance of trial and that the failure to obtain such inspection may tend unreasonably to delay the trial; and
(4) that the application is made in good faith and is not intended as a general ‘fishing expedition.’
Id. at 699-700.
Upon review of Defendant’s Application (Doc. 41) and the relevant legal authorities, the Court finds that Defendant has satisfied the requirements for issuance of the requested subpoenas duces tecum.
All materials and information must be produced to counsel for the
case of UNITED STATES OF AMERICA v. DIANE MARY McKINNY, that is scheduled for the March 4, 2019 court term. The deadline for receipt is “no later than January 16, 2019.”
The above named subpoenaed persons are witnesses in the case of UNITED STATES OF AMERICA v. DIANE MARY McKINNY, Defendant.
McKinny was the bookkeeper for Diverse Corporate Technologies(DCT). The company laid off nearly all of its employees beginning in 2008 and the indictment goes on to accuse owner Marion Kent Covington of telling the remaining employees that they would be placed on unemployment benefits, but expected to work full time to help the business survive. Covington later accepted a plea deal.
The government did not object to the issuance of these subpoenas.
The executives at A&E have also been notified of this order.