ASHEVILLE, N.C. — Judge Marvin Pope will hear a motion to continue and other motions regarding the Matthew Fenner case in Asheville at 2 p.m. Friday. Mr. Thomas Amburgey of the Asheville bar is expected to file a notice of appearance at that time.
If indeed Adam Bartley who is scheduled for trial on Oct. 23, 2017 has hired Amburgey then he can no longer be declared indigent and eligible for a court appointed attorney. This would be the 5th attorney for Bartley in the Matthew Fenner case. Mr. Brian Oglesby, a very proficient, professional, and experienced criminal trial attorney who was prepared to try the case in 10 days, is expected to file a motion to withdraw as attorney of record for Bartley.
Amburgey plans to file for a continuance or postponement of the Bartley trial.
The five defendants who are or were members of the Word of Faith Fellowship and charged in the alleged assault and kidnapping of Matthew Fenner who says he was held against his will during a deliverance session of blasting or loud prayer in the sanctuary of Word of Faith Fellowship (WoFF) on January 2013 to deliver him from homosexuality are:
- Brooke Covington
- Justin Covington
- Adam Bartley
- Robert Louis Walker
- Sarah Anderson
Brooke Covington’s trial held in the May-June RC trial session ended in a mistrial when the jury foreman brought outside documents into the jury deliberation room. Judge Gary Gavenus ordered a mistrial. Since that time, her defense attorney David Teddy has been out on medical leave and as yet unable to reschedule another trial.
Assistant District Attorney Garland Byers, Jr. has objected to the continuance of the Bartley/Fenner case on the grounds that:
- Amburgey knew when he signed on what the trial date is,
- Bartley has had five different attorneys on this matter,
- the case incident occurred in January of 2013 and has been delayed numerous times by the defense, and
- Oglesby has already prepared for the case and reviewed the extensive discovery and there would be no delay in the trial.
The hearing will be in Buncombe County, N.C. Superior Court with Judge Pope presiding.