Fred Potter’s attorney Kevin Hickey filed a motion for equitable relief in a Scott County Circuit Court on September 28, 2020.
In that motion Hickey acknowledges that Potter, a former Scott County resident, has been found in contempt on multiple occasions, and that he is asking the court to grant him equitable relief “purging himself from contempt” and bringing a final resolution to the matter.
In June of 2018, the court ordered Potter to provide such items as gold bullion and a rare and valuable Stradivarius violin. However, Potter contends he cannot produce “what he doesn’t have.” Because Potter failed to produce those items, Judge David McCormick held Potter in contempt and fined him $1,000 daily.
According to court documents, “In order to purge himself of contempt on the failure to pay the daily fine, the plaintiff would be required to liquidate and drain his entire trust account. And he still would not be out of contempt because the fine would continue to accumulate thereafter until he returns items he does not have…The plaintiff stands ready to liquidate his trust assets to pay the fine that has been imposed by the court. However, he asks that court makes an equitable ruling such that he can purge himself from contempt by other means, or at the very least, purge himself permanently of these contempt charges by making said payment.” Hickey has requested that the court set a hearing on this matter.
As ordered in December of 2017, there will be a public auction to the highest bidder at the Scott County Courthouse in Waldron on October 15, 2020 at 10 a.m. for the sale of the property located at 2151 West 6th Street in Waldron.
