Judge refuses to quash motion for Bill McAbee

Bill McAbee appears in courtBy:Stan Welch

In a solid victory for the County Thursday afternoon, Circuit Judge Cordell Maddox declined to quash the County’s subpoena to depose former County Councilman Bill McAbee.

McAbee and his attorney Chuck Allen sought to have the subpoena quashed, thereby allowing McAbee to avoid deposition concerning his role in several real estate transactions he conducted with the County while on the Council. The matter is related to the County’s lawsuit against Joey Preston and its efforts to retrieve the $1.2 million buyout Preston received in November of 2008.

Allen argued that the matter had already been mitigated. “The County has subpoenaed my client with a verbatim duplicate of the subpoena he answered in this court. Some of the things they ask are bizarre,” said Allen.

Allen also argued that should the deposition go forward, McAbee was entitled to be deposed in the county of his residence instead of Greenville as the subpoena indicated. Ted Gentry, the County’s attorney in the matter corrected Allen, citing the proper statute which states that the deponent can be deposed within fifty miles of his home county. Maddox concurred.

Judge Maddox ruled that, despite McAbee having been put on the stand at the earlier hearing, and having denied having the information sought in twenty six of the County’s queries, the County’s attorneys did have the right to pursue additional information.

The earlier ruling not to find Mr. McAbee in contempt of court wasn’t meant to be closure to the issue. I could either find him in contempt at that hearing, or force him to respond under oath. I think I chose the most aggressive path. But go ahead and have him respond to the subpoena,” Maddox instructed Allen.

McAbee was on the Council in 2008 when he and his associate Amy Plummer handled some real estate transactions between the company Plummer and McAbee worked for and the County. In at least one instance, McAbee received a commission. The County contends that those transactions were directed McAbee and Plummer’s way as a means of securing McAbee’s cooperation in the buyout of Preston later that year.

In another significant development, Judge Maddox effectively removed himself from the case, saying that budgetary issues in court administration were going to result in more travel for judges, including himself. He instructed the various attorneys to get together and seek a complex case designation for the case at hand. That designation assigns the case to a specific judge who will then hear all motions and other actions related to that case.

It has just been luck that I have heard he motions in this case each time, if you want to call it luck. But I am going to be traveling a great deal in the coming months and Judge McIntosh recused himself from this case. So I will speak to Court Administration in Columbia and ask them to assign a judge. That will be a judge of their choice. Thereafter, the case will follow the judge – wherever he may be hearing cases at any given time.”

 

43 Responses to Judge refuses to quash motion for Bill McAbee

  1. Amazing to get reports this fast. The online news is the future.

  2. Praise the Lord and pass the subpoenas and indictments! Willie McAbee maintains his position as among the top 5 in most despised people in the UpState, along with his wife Mary. Joey, looks like judgement day is coming……SOON. Repent now and receive only a life sentence. And you other pawns of the evil empire, Ho Ho HO. Next….the Grand Jury indictments, again…..SOOOOOON.

  3. Really! I agree with HQ. I just checked the Independent site and not one word of this development. That means, WAIM probably won’t have any news of it either tomorrow, unless of course, one of the followers reads this site and gets the news and then reports it to Rick. Otherwise, it will be next Tuesday before it hits any outlet.
    Re: today’s outcome…chalk one up for the county. Good news for sure.
    Roll on Boogers! Great JOB.

  4. Rick will report on it if the Independent/Mail has an article about it. Most of his reporting comes from the Independent/Mail which he reads on air.

  5. Takes a sip of my cocktail, smiles and high fives Mark. Thanks guys and gals. It’s kind of cool not being tied to a weekly publication schedule – or a daily one for that matter.

  6. Bubba, in my opinion, the biggest development of the day was the fact that Judge Maddox told the lawyers to get a complex case designation, which effectively removes him from the case. That can’t make Candy, Joey or a lot of other folks happy.

  7. You mean the fish wrapper, Bubba? LOL – cuss it and read it at the same time
    like living on the lake and notbeing able to enjoy it- such a mudhole!

  8. Stan, are you not at the Williamston Journal anymore?

  9. Yes I am Ruthie. And David Meade knows all about Boogernews.com. In fact they do my business printing.

  10. Seinfeld summed it up best when he said, “Now we’re gettin’ somewhere.” Unfortunately, for some of the scalawags that ran this county, that “somewhere” is definitely not where they want to be.

  11. Discovery in a civil case takes multiple forms. There are interrogatories (answers given under oath to written questions), requests to produce documentary evidence (subpoena duces tecum), a request to produce for inspection and copying, request for admissions (a demand for acknowledgement or stipulation to a specific matter). and the last tool of discovery is depositions (an interview of the individual, conducted under oath, with wide leeway to ask just about anything as long as relevance can be demonstrated). All of these tools of discovery are mandated by law and you are only able to avoid being subpoenaed for them under very specific circumstances which are covered in Rule 45 of the South Carolina Rules of Civil Procedure.

    In Bill McAbee’s last appearance before Judge Maddox, he was there as a result of a motion to compel and demand for sanctions as described by RULE 37 FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS. The county had asked Judge Maddox to compel McAbee to respond to interrogatories (written questions given under oath) and if not to sanction him for refusal to do so. Judge Maddox, rather than sanctioning McAbee, placed him under oath and asked him to respond to the interrogatories from the witness chair. However, as was noted by many watchers, the county attorney was not permitted to cross examine McAbee as to his responses, because interrogatories are not a question answer period.

    In this latest, the county had now moved on to the next tool of discovery at it’s disposal, RULE 30 DEPOSITIONS UPON ORAL EXAMINATION (which is a question, answer, ask another question scenario). Apparently McAbee’s attorney had filed a motion to quash the subpoena for his client to be deposed claiming it violated S.C.R.Civ.P. Rule 45(c)(3)(A)(ii)

    Rule 45

    (3)(A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall quash or modify the subpoena if it:

    (i) fails to allow reasonable time for compliance; or

    (ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; or

    (iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or

    (iv) subjects a person to undue burden.

    The county had asked to depose Bill McAbee in Greenville and Chuck Allen was trying to quash the subpoena to appear for oral deposition by claiming it violated Rule 45(c)(3)(A)(ii). According to Boogernews correspondent Stan Welch, Judge Maddox ruled Greenville was in fact within 50 miles of Anderson and refused to quash the subpoena for that reason. The result being McAbee must appear in Greenville, at the place and time designated by the subpoena and submit to deposition under oath by Anderson County attorneys.

    Joey Preston’s TUMS supply, took a hit today.

  12. JohnQ thanks for that thorough explanation. But you’re right, the Tums are going down like Reese’s pieces.And the nice thing was that Judge Maddox carved out no restricted areas of inquiry, and he effectively removed himself from the case.In light of what some have seen as a rather protective stance, that might be more of a factor than the public might anticipate.

  13. Why do you ask, Ruthie? Have you heard something? lol I’ve lost or been denied so many jobs since I came to Anderson, I’m getting gunshy,lol.

  14. Has Amy Plummer been subpoenaed and told to produce her records regarding the real estate transactions? And how about Ken Allison’s company where Willie and Amy had their licenses hanging? The commission checks received by Willie and Amy would have been issued by Allison, the Broker-in-charge who would have received a portion also.
    Does Willie still have a full time job..without being paid with a payroll check? Is Amy still an active realtor?
    Did Heather Jones repay Anderson County for the thousands she owes before she packed up and moved out of the county?
    Will the temperature reach 100 today and tomorrow in Anderson and in Washington D.C.?

  15. May I ask one more question this morning?

    Has Willie’s wife, Mary McAbee and her records, been subpoenaed? I’m told she had a realtor’s license also and let it expire 6-30-2010?

  16. Good questions all Bubba. I would think that Amy Plummer has come to the attention of the County’s attorneys as they go through discovery for this case.Whether they have successfully served her with a subpoena, I cannot say.
    The last time I called Ken Allison’s office it was closed and he is no longer listed on the SC Realtor’s website as a licensed realtor.I guess Mr. McAbee is making a living one way or the other – though he claims he receives no pay from his consultant work for Peerless Economic Development,a shell company apparently owned by Ms. Plummer.

  17. Stan
    OK. The way you were talking about the weekly, I just thought you had left. That’s good to know. And, BTW, this may be a selfish way of looking at it, but, if there were a silver lining in your “leaving” WAIM, it’s the fact that we who admire you now have access to your thoughts directly. It’s nice to have a BoogerBuddy~

  18. Thanks, Booger Buddy. LOL

  19. Stan, I have another thought. IF Mr. McAbee does consulting for Peerless Economic Development but doesn’t get paid, my question is “Why would anyone do that”??? Is he so independently wealthy that he can work for free? I suppose this is a stupid question, but I am just a simple person.

  20. Mary McAbee has this to say today on a topic in another site:

    “While spending a sleepless early morning wallowing in self-pity and moaning with aches and pains….”

    Wonder what she is losing sleep over?

    Also, this is a link to the Peerless site:

    http://peerlessgroup.biz/

  21. Bubba,

    You forgot to ask for this week’s powerball numbers.

    Stan,

    Seriously, I wouldn’t work for free for anyone unless it was an internship while in school in anticipation of getting a real job upon graduation. Could it have been for previous payment and working off a debt?

  22. Has amy been detained yet?????? They should have willie and amy questioned at the same time!

  23. Do you mean deposed???

    It is against the rules to pit one defendant directly against another. They cannot be deposed at the same time; however, Amy Plummer and Ken Allison CAN be deposed at a later time (separately), asked the same questions and their answers compared to McAbee’s responses.

  24. That is exactly the point, Ruthie. He isn’t independently wealthy or he wouldn’t have been gathering crumbs, albeit fattening ones, from the Preston bird feeder.

  25. Monamie, when he said it under oath at the May 26 contempt hearing, it sounded to me like a very awkward lie.

  26. Bubba, the lady’s sleeplessness may be akin to the problem I had night before last. Woke up at 3 AM and was not able to return to sleep. No ulterior stuff, just aches from arthritis. I do believe that I am about the other lady’s age, and I know sometimes the “snap crackle pop” I hear is not Rice Krispies – it is my knees!

  27. My question to Bubba: what exactly did the McAbees do to you? You sure do seem to hate both of them far beyond the usual political hatefulness that abounds in Anderson County. Or are you a generally mean and spiteful person.

  28. Lucky, I believe Bill McAbee, along with Preston and many others, illegally used our tax money for their own pleasures and betterment. That and the way Bill McAbee conducted himself at council meetings was enough for me to place him on my distrust-do-not-like list and I look forward to watching him and the others appear before a judge for their judgement. Bill and wife Mary are the worst RINOs in Anderson. I being a conservative Republican detest a RINO.

    I am neither mean nor spiteful. I am for honest, open government and I will never depart from doing what I can to keep those that are not honest with our tax monies in my comments. Woe to anyone on the present council who would steal from us. Except Ms. Floyd whom I believe has used tax money illegally and will pay a price for it.

    From your comments toward me, can I assume that you are another Prestonite?

  29. Never assume anything Bubba. Break the word down. Assuming just makes asses of us all.

  30. Stan,
    was big-booty Amy there? Man i like to watch her shake it!

  31. LOL @ nostra! Thanks a lot for that visual, dude! And no – she and Mary very very rarely appear together- like Michael and Janet Jackson – or Ringo Starr and Yasser Arafat. Or me and David Hasselhoff, lol!

  32. So … McAbee has to answer questions in a deposition. How is this bizarre? What is up with Chuck Allen? Is he playing the caveman lawyer part? Also, I’m not so sure Judge Maddox is leaving the case behind. He may very well be the judge assigned to this …

  33. Oops. I should clarify. The “bizarre” quote is in the AIM.

  34. “nostradumbass
    July 29, 2011 – 7:45 pm

    Stan,
    was big-booty Amy there? Man i like to watch her shake it!”

    Interesting, on other forums you have been a big proponent of the Preston crowd and these very individuals. Now you come here and try to encourage inappropriate remarks about Amy Plummer?

    You remind me of the Monteparas when they encouraged a matter of mistaken identity and got on the forums and egged people into making comments and basically stirred the issue in leading people to believe certain things and it was all a charade conjured up to then turn around and sue people over, trying to hit the lawsuit lottery. Then even went so far as to plant flyers in the public domain so they could claim the story had “been widely distributed” and there damages maximized. This factoid was let slip by one of their co-conspirators and potstirrers Gerald Garrett (the part about the Monteparas waiting to bring suit after the issue was brought to the public eye at large. This “flyer story”, which coincidentally enough was picked up and printed in the local paper by one of the Preston shills…the purpose being to give this charade maximum exposure and to increase the claimed damages to Doreen Montepara’s dubious reputation), was never born out. The Monteparas and their attorney Candy Fuller (also Joey Ray Prestons attorney)tried to capitalize on their faked story by trying to sue local radio hosts to shut them up from talking on the air about the criminality of the Montepara’s puppet master Joey Preston and further tried to use this same conjured up excuse to dig out John Does on various internet forums who were talking disparagingly about Joey Preston.

    Yep, the whole cockamamie charade was nothing more than more of the games of Joey Preston and his gang of crooks.

  35. gromit, your concerns about Judge Maddox are valid, except that he made it pretty clear he wouldn’t be staying on the case. I quote ” I will send the request to court administration in Columbia and they will assign the case to someoen at random, but it won’t be me.”. Personally, I think he may have decided it’s time to start putting some distance between himself and the case. As for what Chuck Allen is doing, he’s doing what lawyers do – taking the money.

  36. nostra, since you are a big booty fan, I should point out that a certain attorney was there who more than fills the bill.

  37. Just like you don’t see Joe Montana and Barry Manilow together. Or Candy Kane and George Wendt.

  38. LOL@ George Wendt! NORM!

  39. it is time for the indictments to rain in on this county and cleanse it of the ills of the last 15 years

  40. Nostra, there are many who feel the same way you do, including me.I think that the actions of Joey Preston and others in his administration and on several of the Council in office during that time have done real harm to Anderson County. But there has to be a balance as well – an equal effort to move on and get Anderson county back on track towards what can be a very bright future.I think several of the current Council members understand that – but not all.

  41. One more point, Nostra. People are focusing on the grand jury investigation, and certainly that is a potent investigative tool. But the attorneys who are handling the county’s lawsuit againsy Preston are doing a very good job of building a case as well. The McAbee ruling will certainly further those efforts. And it is best to remember the results published by the first serious examiner of the county’s operation, accountant Bob Daniel.Mush of what he found formed the basis for investigations that are still going on. The grand jury’s decision to investigate took the case out of local hands and moved it to another level. In my opinion, Chrissy Adams’ handling of the Heather Jones situation left the County no other choice but to seek state involvement.
    Now, with Cordell Maddox instructing the attorneys involved to seek special case designation, effectively removing him from hearing the case anymore, another level of what some perceive as local protection for Preston has been removed. I always keep in mind the fact that the only judge from outside Anderson County to hear any of Ms. Kern Fuller’s motions threw it as far out of court as he could. Ms. Kern Fuller, in her righteous certainty andunder instructions, of course appealed; and the Supreme Court agreed, no insisted, on hearing the case.Chief Justice Toal invited a couple of classes of high school students in to make sure the room was full and had SCETV there to film and broadcast the spanking she and the other Supremes gave Ms. Kern Fuller that morning. The wheels of justice may grind exceedingly slow, Nostra, but they do grind.

  42. Excellent reporting, Stan!

  43. Thanks, mindreader, grins.

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