Let’s get to the “nit and gritty” part right now. The actual hearing.
Judge Hodges takes the bench at 9:05 AM. The most-prompt Judge that I have ever seen in a Court Watch episode in Cleveland County. And I have seen plenty of them.
Stacey Heavner’s lawyer, Daniel Talbert, starts the “show” as he is the one who filed the Motion to Dismiss for his client-Stacey Heavner.
Attorney Talbert begins this long diatribe that Mr. Green’s lawsuit was frivolous and had already been dismissed in the Magistrate’s Court. What actually happened in Magistrate Court was the Magistrate Judge, Pam Patterson-NOT a lawyer and trained in the law, stated the case was “too complicated” (in legal complexity) for her-so it needed to be re-filed in a higher court. This case in Magistrate’s Court was NOT dismissed because it lacked merit as Attorney Talbert was trying to insinuate, but because Magistrate Judge Patterson did not have the training and certifications to give the case a fair hearing. A clear deception from Talbert, with plenty more coming.
Talbert tells the judge (mostly in my words) that just everybody in the legal system in Cleveland County believed that this lawsuit should be “squelched today”!!! Put to bed now and forever. Mr. Green’s attorney never objects. Apparently letting Talbert hang himself with his own deceptions and lies to the Judge. And Judge Hodges himself had a confused look on his face several times while Talbert was telling his “whoppers” that had no bearing on the legal facts of the matter.
Or, was Attorney Talbert just putting on a show for his client’s benefit! Figuring that Judge Hodges was most certainly going to Deny the Motion to Dismiss and Talbert might be able to get another $10,000 or so from Heavner by filing an appeal. Anything to delay an actual trial of the facts. Where the witnesses are under Oath-under the penalty of perjury if they lie. Perhaps the Shelby City leaders are secretly funding Heavner’s legal defense to keep the “heat” off of them? Who knows about such as this? I am not surprised at anything that corruption in politics will do to support the ultimate goal. Usually Power or Money. Or both? Robert “Luke” Queen and his cohort accomplices may be a prime example of that, when the truth is finally told.
To continue, Talbert used lots of “Code Words” and phrases that I could only interpret to be a planned scheme to “communicate to the Judge” (from Lincoln County) that the “Plantation Politics” in Cleveland County of the case were that Mr. Green’s lawsuit was embarrassing to the “Good Ole (White) Boys” of Cleveland County. That they did not want the likes of an “Uppity Nigger” (their thoughts) businessman like Mr. Willie Green was being portrayed as, to compete with them for business in Cleveland County. Cleveland County, NC has a long history doing that, but nobody wants to admit it.
Talbert goes on.
Talbert tells Judge Hodges that the “only reason Mr. Green filed this lawsuit against Stacey Heavner was because Mr. Green’s lawsuit against Mayor Stan Anthony was dismissed. The truth of the matter is Mr. Green filed his lawsuit against Stacey Heavner BEFORE he filed a lawsuit against Mayor Anthony. Clearly a lie. And Court Records show that Talbert’s statement was a lie and is a lie. I suppose any lie will do, if you can get by with it. And, Anthony only got off because he is a government official with “Immunity.” Although, such immunity is certainly not in the best interest of justice in this matter.
Probably the most egregious attempt by Attorney Talbert was his half-truth statement that his client, Stacey Heavner, a member of the public, was only exercising his First Amendment rights of Freedom of Speech at the City of Shelby’s Meeting on the topic of Mr. Green’s Zoning request. Of course Stacey Heavner has the right to free speech. However, Stacey Heavner, nor anybody else, does NOT have any Constitutional Rights to Defame or Libel any other person. Talbert conveniently and intentionally left that part out. Talbert also asserts that Mr. Willie Green is a Public Figure and has a different standard of proof than a non-public figure. Which has nothing to do with the matter at hand. More lies and deceptions. And dodges of the real issues at hand in this Motion Hearing.
Talbert also has a thick file on the Anthony case that he wanted to introduce to Judge Hodges as evidence. Judge Hodges refuses to accept the Anthony file as it has nothing to do with the matter at hand. Which is NC General Statute 12(b)(6) as previously noted as it applies to the case at hand-Stacey Heavner. Talbert is now apparently grasping at straws in hopes to confuse the issues at this point in time. Just more lies and deception as I saw it. I suppose when you have no real evidence, any lie or dodge will do.
Talbert summarizes at end of his diatribe of lies and deceptions. “This is NOT the kind of case that should be in court” in Cleveland County
When it was Mr. Green’s Attorney’s time to speak, Attorney Desmon Andrade out of Charlotte’s wasted no time with lies and deceptions.
Attorney Andrade quickly states that Talbert’s presentation was full of inaccurate statements. Which it was as I can personally vouch for as I have in this article.
Andrade’s next words were that Mayor Stan Anthony’s case has absolutely noting to do with the case at hand-the lawsuit against Stacey Heavner.
Then Attorney Andrade goes straight to the many points of why Mr. Willie Green filed a lawsuit against Stacey Heavner.
According to the Rules of Civil Procedure, during the preliminary aspects of a lawsuit, the law is that Mr. Willie Green’s statements must be held in the most favorable light. And Heavner was just trying to cut off the lawsuit before the case even starts.
This hearing is only to determine if Mr. Greens pleading is to go forward.
That Stacey Heavner knew Mr. Green’s proposed apartments were NOT intended for “low income” purchasers.
That “Low-income” has a legal definition established by the US Department of Housing and Development-HUD.
Stacey Heavner’s statements to the Shelby City Council against Mr. Green were for a negative purpose.
That 100 or more persons were at the City Council meeting and heard Stacey Heavner’s false and defamatory statements about “Low Income” property. And that these statements would be captured in writing in the minutes of the City Council’s meeting.
The “4-corners” of the legal process as required by law to move this case forward had been met.
Heavner’s false statements were damaging to Mr. Green and Heavner knew his statements were false when Heavner said them.
Attorney Andrade also had other written information, including Heavner’s information provided by law to answer Mr. Green’s ”Discovery” questions that he offered to Judge Hodges as additional evidence. Judge Hodges, correctly refuse to accept this information, as he did Talbert’s big thick file on the Anthony case, as both sets of information were not pertinent to the legal issues at hand.
Judge Hodges stated he would issue his ruling as soon as he had gone over the legal precedents regarding the matter.