Sentence stands, minus $200. Fairley denied new sentencing hearing related to Dupree era HUD fraud.

The Honorable Keith Starrett has denied televangelist Kenneth Fairley’s request for a new sentencing hearing after the 5th Circuit threw out two convictions based on a technicality with the jury’s instructions during the trial phase. Starrett simply reduced the mandatory assessments from $300 for the three convictions to $100 for the remaining conspiracy charge.

Fairley was convicted on one count of conspiracy and two counts of receiving stolen property, after it came out at trial that Fairley conspired with his co-defendant Artie Fletcher to defraud HUD through the City of Hattiesburg’s Federal Programs Department. The crimes occurred during Johnny Dupree’s tenure as Mayor.  Testimony during trial revealed when the money was received by Fairley, payments were made by him to parties who had an interest in the Church. Mayor Dupree was a longstanding member of Fairley’s church. Read Judge Starrett’s order below the video.

A local pastor spoke on behalf of Kenneth Fairley prior to his trial and referred to him as a “tree shaker,” who was “stirring everything up,” so people could “make jelly” with the fruit of Fairley’s efforts. This led to the birth of the hastag #TreeShakersAndJellyMakers on Facebook. For the history of this on Facebook, search that Hashtag.

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