Fairley’s motion to continue reveals issues with defense and a window into the prosecution (Part 1)
A recent motion to continue court filing by Televangelist Kenny Fairley and his attorney not only reveal significant issues with the defense in his fraud trial, but they also reveal new information about the government’s dual investigations, involving the FBI and HUD, as well as the U.S. Attorney’s related prosecution.
The most significant aspect of this case is the Public Integrity Division of the FBI is prosecuting this case. The division specializes in prosecuting both corrupt elected and corrupt appointed officials. Fairley is not appointed or elected.
Who else is a possible target? Keep reading.
Also of significant relevance is the Federal Government appears to have this trial on a fast track. The indictment was served on March 23rd, 2016, and trial was set for April 18th, 2016.
Within six days of the indictment being unsealed, Fairley received 17 Cds containing, over 6000 pages of documents via FedEx Overnight.
On April 5th, 2016 all parties had a telephone conference, when Fairley’s attorney, Sanford Knott, asked for a continuance beyond August, 2016. The court granted a continuance until July 25th, 2016, but just twenty four hours later, the court changed it’s ruling and moved the trial date up to June 13th, 2016.
On May 25th Fairley filed a motion to continue. In his motion under Item #1 of their argument, defense stated that given the timeline, and the amount of evidence, Fairley had not had enough time to assimilate the evidence and find competent council and experts, in order to build a defense.
Shouldering that burden, according to item #6 of the filing, is Fairley. And according to the defense, the process it is affecting his health. Item #6 Reads,
“Fairley has been diligent in preparing his defense in a way that no other client of undersigned council has. Fairley has traveled to various venues seeking experts and competent council from Mississippi to Michigan.” The filing goes on to say, “All of this has taken a toll on his health, the topic of which follows.
Item #7 states,
“Recently the Court was informed of significant health issues that Fairley has and the need for continued treatment out of state. The rush of a trial of this magnitude is simply unfair, given that stress, without question,compounds and contributes to the deterioration”
However, nineteen days after the date of this filing, Failey’s son commented on social media that his father was “in good health.” This contradicts defense council assertions that he is ill. Is he ill, or is he in good health? The defense asserts it can provide medical documents if necessary, but none were filed with the court.
“The defense would point out that there does exist a novel question of law that must be answered and that council has been researching as follows: to what extent can the government prosecute Fairley for theft, laundering, or otherwise misappropriating HUD funds when HUD itself, after its audit of Pinebelt, decided not to initiate a criminal prosecution of Fairley? Fairley believes that this question may be an issue of first impression given that HUD closed its investigation of Pinebelt, even while the prosecution was continuing its investigation.”
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