Read the titles of these two articles about the recent events in the Varlo Davenport circus, and see if you notice the difference.
The Spectrum and Daily News article is titled “Hearing in motion to hold DSU in contempt postponed.”
The St. George News article is article is titled “Attorney General misses hearing, Davenport case delayed again.”
Now read both of those articles, and see if you can ascertain any bias towards the truth our otherwise. And be assured that this is far from an exercise in futility. Both Burkett and Applegate are experienced and credible reporters whom I respect and would assert that you should as well.
That being said, there is however the ever-looming reality that words have an exact meaning, and in this instance, the wording of one article portrays this news event in a rather innocuous light versus the other.
Digressing here however, it would be good at this point to shed some light on a few things regarding last week’s hearing that perhaps the rigidity of a news story simply will not allow for.
In the aftermath of what was tantamount to an admission of guilt for ex parte communication with the prosecution in the case, Judge Ron Read recused himself from the case, and the Washington County Commission appointed Karlin Myers from Hurricane to preside over the case. At present, the vote has not been found in the minutes from the meeting where this crucial decision was made.
It is noteworthy that this is the second time a judge who has had attorney Aaron Prisbrey in his court has decided to bow out. In the ongoing code enforcement case against the City of St. George, Judge Pro Temp Brian Filter not only recused himself from the case but actually quit and moved to another state, taking a job in Nevada.
But digging in a little to the recent recusal by Read, it can be asserted that his career as a judge is over. The possibility of facing a bar complaint and being disbarred notwithstanding, his credibility is effectively shot. Any attorney trying a case in his court is sure to bring up the credibility issue in defense of their client, and rightfully so.
For that matter, it can also be asserted that Assistant Attorney General and staff counsel for Dixie State University Michael Carter faces the same integrity and credibility issues for engaging in behavior that both he and Read unquestionably knew was unethical and illegal.
But as if all of this were not enough to provide grounds to dismiss this case, it got even thicker last week when the hearing on the very motion that set this chain of events off — the motion to hold DSU President Biff Williams in contempt of court for failing to provide court-ordered evidence and documents to the defense — would at last be heard.
Carter, without notice or reason for his absence, failed to show up to the hearing.
You read that right.
If you or I had done this, it is safe to say that not only would we likely have the motion ruled against us in our absence but a warrant for our arrest would be issued and eminent.
Fortunately for Carter, however, St. George City attorney Robert Cosson and newly appointed general counsel for DSU Doajo Hicks were present in his place. Sort of.
A side note here and perhaps a topic for another day is the glaring question of just why Hicks was hired as full-time counsel for the embattled DSU when in point of fact he cannot represent them in court. Only Carter can do that.
Moving forward, however, Hicks was apparently there to explain Carter’s absence. He stated that he was “Here, but not here,” to which Myers responded while everyone else wondered, “What does that mean?”
Hicks explained that he could not represent the school but that he was apparently there to represent Carter or at least explain his absence, which at one point he said was because of a knee surgery but then later retracted saying he could not comment about Carter’s condition save to say it was medical and confidential.
Apparently, in Carter’s absence — so the story is being pitched — he did not receive notice of the hearing. His mail apparently is piling up on his desk.
This was a surprise to Head Court Clerk Salote McKenzie who clarified that Carter was in fact served and furthermore that Hicks was not on the notice.
This now begs the question, if Carter did not open his notification, how the hell did Hicks know about it? Or Cosson, for that matter?
It was a contradiction in triplicate in a matter of 30 minutes from the new counsel at DSU, and let’s just say it’s safe to assert that perhaps the alleged nationwide search for this attorney might have been a little skewed.
This brings us now to an even more interesting moment when Hicks and Cosson apparently thought that the motion had already been briefed and that the judge was free to rule on it in spite of Carter’s absence.
Come again?
Prisbrey then made clear that he was more than prepared to argue the motion with or without Carter but that because of the severity of the motion for both Carter and Read as well as Williams who faces arrest, perhaps Carter should be given that other chance that no one else would be given.
The judge could have ruled. He could also have issued a bench warrant for Carter. But being new to the case and having not listened to the somewhat conclusive and damning audio of Carter and Read engaging in the behavior that the motion is compelled by, he decided to postpone the case.
So much for Davenport’s right to a fair and speedy trial.
Ex parte communication. The term hardly sounds as egregious as it is, but in point of fact it is one of the most heinous things a justice of the court or a publicly appointed attorney can do.
In this case, what it means is that during the course of the proceedings, particularly in discovery, it was noticed in a communication by Carter that he had spoken to the judge about the case in a matter that was not procedural but substantive. Both of these men new that Prisbrey was not only to be present for the discussion but formally notified, neither of which took place.
When Prisbrey, during a hearing on the motion to compel DSU to provide all evidence including what they were found to be hiding, confronted Read about the ex parte communication, both Cosson and Read directed Prisbrey to file a motion on the matter, which he did, which they never answered until this past Monday at this hearing.
And the motion can be summarized as being an allegation, with audio and other evidence not withstanding, that Read and Carter engaged in a conspiracy to hide the truth from the defense by redacting and altering evidence. In essence, it was tampering with evidence.
Perhaps the reason Carter didn’t show has more to do with this than his knee.
And perhaps the reason DSU hired new counsel is because of the precarious position the school is now in because of Carter’s incompetence as well as his illegal behavior.
Folks, this shit show is being played out in real time to protect Biff Williams from the inevitable conclusion that Varlo Davenport was illegally fired from DSU and that multiple faculty and staff are likely culpable. Proving that Davenport intentionally assaulted that girl is a Hail Mary attempt to secure that no further legal action will be taken against the school in the matter. And the strategy is failing miserably.
But the irony is that the city and the embattled school have only one way out now, which is to drop the case against Davenport and await the ensuing lawsuit.
But rest assured that these people would rather ruin people’s lives than take responsibility for themselves, these people being your courts, your elected officials, your educational institution administration, and — yes — your church leaders.
This is an abomination of the highest degree.
See you out there.
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I think the Davenport debacle has become a tar baby for DSU, the city and now the state AGs office. The more they fuss with it the more entangled they become. How do they now shake loose of it without looking like complete idiots instead of merely malicious?
Tar baby?
The Heart of Dixie.
Dallas now I see why you don’t move on to someplace other than St. George. With all the good ole boys pushing their views and power on everyone you live in a reporters dream world. You’ll always have something to report about with the selection of crooked amoral scum that runs that community. Keep up the fight at least you have a way to spread the word. For now.
A few months back a local person, apparently a member of the lLDS community wrote a letter to the Spectrum newspaper in regards to Professor Davenport . Too bad nobody in the DSU administration or the city attorney’s office of St George likely read it. But the gist of that letter had to do with forgiveness and religion. The individual that wrote it in my perspective spoke from their heart. THE SOLUTION IS SIMPLE. ON BEHALF OF THE ENTIRE COMMUNITY IT IS TIME TO DISMISS THIS CASE. Daniel Webster would agree. By God, put it into perspective and one can only see this is cruel and unusual punishment on behalf of a legal system gone awry… DO THE RIGHT THING!!!
He is.