On January 11, attorney for defendant Cassandra Holmes, Jack Skinner, filed a post-contempt hearing brief in the Fred Potter case.
In that briefing, Skinner stated after the years of Fredrick R Potter thumbing his nose at the court and the court’s orders, the defendant/trustee respectfully requests that the court order the following relief:
- Enforce the court’s orders and direct that Potter immediately deposit into the registry of the circuit clerk the $1,000 a day for each and every day of his contempt…a lump sum as of January 11 of $222,000.00
- Potter can have no further relief or access to his trust monies and assets for any purpose until he specifically and fully obeys all the court’s orders;
- That all missing silver coins, silver bullion, silver rounds, monies, gold bullion, and other coins be immediately turned over to the defendant-trustee for inspection and then sold by court ordered sale;
- That Betty Potter’s wedding rings be immediately turned over to the defendant-trustee and then sold by court ordered sale;
- Promptly sell the partial personal property that Potter has returned to the Waldron house;
- Hold the net one-half of the personal property sale proceeds payable to Potter’s Trust or Trusts to secure the payment to Betty Potter’s trust for what it has lost due to the acts and actions of Potter in his willful and continuing violations and contempt of the court’s orders;
- Specifically order Potter and his agents, including Allen Potter, to not directly or indirectly interfere with the court ordered public auction, or obstruct it in any way, including through social media;
- Award Betty Potter’s trust all of the legal fees, expenses, and costs that it has incurred due to Potter’s repeated and continuing contempt and
repeated and continuing refusal to obey the court’s orders. - Immediately remove Allen Potter as a potential successor trustee of Betty Potter’s trust due to Allen Potter’s acts and actions in taking and hiding personal property and monies owned by Betty Potter’s trust as a tenant in common and Allen Potter’s acts and action in helping Potter to ignore and disobey the court’s orders;
- Set a hearing on the issue of, and then award a judgement against Potter and his trusts, on the amount of money which Potter and his trusts owe to Betty Potter’s trust for the items of personal property destroyed, disposed of, given away, hidden, stolen or simply not returned by Potter, after he was specifically ordered to maintain, preserve and protect such personal property
that was partially owned by Betty Potter’s trust ; - and such other and further orders needed to specifically and fully enforce this court’s orders.
Following that filing, Potter’s attorney responded, asking the court to deny the defendant’s petition. Potter’s attorney, Kevin Hickey, said “the burden of proving beyond a preponderance of the evidence that the plaintiff has willfully disobeyed the court’s orders has not been met…accordingly, that the petition should be dismissed.”
As of January 21, no new court date has been set in the Scott County case. Currently, Crawford County Circuit Judge Mike Medlock is taking the January 15 testimonies from both parties under advisement before ruling on a motion to dismiss from Skinner.
