Poe moves toward speedy trial dates in effort to clear name in EDA cases

Donald Fears Poe outside the Warren County Courthouse after Friday’s hearing – Royal Examiner Photos/Roger Bianchini

December and January trial dates were set for EDA defendant Donald F. Poe Friday morning, August 30, in Warren County Circuit Court. A second EDA defendant, William W. Lambert, jailed on August 23, was granted a $10,000 unsecured bond by Judge Bruce D. Albertson during the 9 a.m. docket.

It was Lambert’s second court appearance, his first with legal counsel. According to the RSW Jail website and court services, the 56-year-old Lambert made bond by noon Friday. His cases relate to his involvement in the B&G Goods operation financed by the EDA in the old Stokes Mart building in 2015-16.

Poe, like EDA co-defendants Jennifer McDonald and her husband Samuel North also arrested August 23, was granted bond on Monday, August 26. Poe, who again like McDonald is also a defendant in the EDA civil litigation seeking return of allegedly misdirected EDA assets totaling about $21 million dollars, was first arrested on July 23 on three criminal charges related to the EDA financial fraud investigation

On July 23 Poe, 61, was charged with two felony counts of Obtaining Money by False Pretenses and one count of Perjury. Free on bond once again like McDonald since July 31, Poe turned himself in at RSW Jail last Friday, August 23, and was booked on one count of “Money Laundering – Financial Transaction: proceeds from known felony activity.”

According to discussion during Poe’s motions hearing Friday, that last charge relates to the two earlier “Obtaining Money by False Pretenses” charges. Discussion Friday also confirmed Poe’s perjury charge relates to his testimony before the Special Grand Jury empanelled to investigate potential criminality tied to the EDA civil litigation filed March 26.

Poe attorney Mark B. Williams asked that the perjury charge be tried separately from the three financial counts. After consulting attorneys on anticipated trial lengths and with his court clerk in Harrisonburg on his docket availability for trial here in Warren County, Judge Albertson set a trial date of December 6 on the perjury charge and January 22 through 24 on the three financial charges.

It was noted that those dates would fall into speedy trial guidelines. Williams also asked that both trials be heard by a jury. Assistant Commonwealth’s Attorney Bryan Layton suggested that the two trials be heard by separate jury pools since Poe is so well known in the community. He reasoned that one jury pool might not qualify enough people to serve on two separate juries.

It was determined that a new jury pool would be seated in January, accommodating the prosecution suggestion on two jury pools feeding the two trials.

Poe and attorney Mark Williams discuss working toward trial with enough information to prepare a defense – but it is a defense the attorney is confident will be successful regardless of the result of Discovery.

Outside the courthouse after Friday’s hearing, William addressed his client’s desire to move toward trial in a timely manner.

“Donnie’s been under a cloud here for months and we’re ready to clear his name, we’re ready to go to trial anytime,” Williams told media present.

However Williams admitted that “anytime” was conditional on receiving adequate information on the charges against Poe from his Discovery Motions also discussed in court Friday morning.

“What we’re seeing now I’m not sure what it (the basis of charges) is but we’re very confident,” Williams said of Poe being cleared of any criminal liability for work contracted for or performed on EDA or other facilities.

Poe is principal partner in solar panel installation company EarthRight Energy, with Justin Appleton. All three are defendants in the EDA civil litigation.

In addressing the presence of his name in the EDA civil suit as a clue to the criminal charges against him, Poe said he believed it couldn’t relate to the Kendrick Lane office installation which was accomplished.

He called the Baugh Drive warehouse contract, which was later cancelled by the EDA board, and which he has asserted he believes any pre-payments have been returned to the EDA, “a dead issue for us”. The school system solar panel installation contract seems like another long shot since it involved a signed, multi-million-dollar contract that was never executed, nor apparently was any money ever exchanged in regard to.

Of his name being included by Cherry Bekaert in the context of “McDonald is suspected of colluding with HENRY, LAMBERT, and possibly POE to acquire the Stokes Mart property under false pretenses to facilitate several different embezzle schemes, Poe seemed somewhat indignant.

“B&G Goods, with our documentations shows that our company done something good, not for B&G Goods – it was Stokes’s Mart to me – that our company done something good for Stokes’s Mart,” Poe trailed off at the thought, adding softly, “We done something good.”

During the 9 a.m. Friday docket hearing Williams differentiated his client’s situation from that of the former EDA Executive Director McDonald – “His is not like the McDonald situation where she is involved in almost every transaction at issue,” Williams told the court, asserting that his client’s alleged involvement stemmed from “a more limited situation”.

Williams attempted to strike a balance between enough and not too much in seeking Discovery on the special grand jury-assembled evidence against Poe from the prosecution.

“I think we are entitled to anything said about him,” Williams told the court.

“I’m going to throw this back at you,” Judge Albertson told Layton of the commonwealth’s provision of Discovery evidence to the defense. “If you throw a stack of hay and they’re looking for the needle – they’ll want to talk to you,” the judge told Layton.

Discussion indicated the prosecution should view the defendant’s name as the “red flag” on Discovery; perhaps as well as anything related to Poe’s EarthRight Energy solar panel installation business or the names of family members who have a role in that business. The EDA civil litigation cites Poe’s wife Suzy and “believed” daughter Mandy Newman as registered agents of the company.

A hearing date to discuss progress between the sides on defense Discovery was set for October 15, at 3 p.m.

William “Billy” Waco Lambert upon his Aug. 23 booking into RSW Jail.

As for William Lambert’s bond conditions, he will be allowed to maintain two residences, one in Warren County with his parents, the other with his girlfriend of two years, Jennifer Metz, at her home in West Virginia. Lambert will also be allowed to travel between Virginia, West Virginia and the District of Columbia for his job with a landscaping company.

Metz testified that she had $500 to contribute to Lambert’s bond and that he had no other assets that his 1993 Ford Ranger pickup truck; a joint bank account with $57 in it; and his landscaping wage upon release of as much as $600 a week.

During the August 23 EDA arrests, Lambert was charged with two felony counts of Fraud – Obtain Money by False Pretenses and one count of Money Laundering – Financial Transaction, proceeds from known felony activity. Those charges relate to his role in the B&G Goods operation, 2016 closing and consequent asset distribution at the old Stokes Mart site. Lambert is believed to have been involved in a relationship with a sister of McDonald during the EDA’s involvement in financing the B&G Goods operation in the old Stokes Mart building, circa 2015-16.

Also at the outset of Friday’s Circuit Court morning docket, hearing dates of October 17, at 9 a.m., and December 12, also 9 a.m. were set in the EDA civil litigation. Attorneys for involved parties were present through a conference call. Three-hour time frames were estimated on both dates. The attorney for the late Sheriff Daniel McEathron filed a motion to be withdrawn from the case in the wake of the death of his client.

It appears the remaining human defendants, McDonald, Poe, Justin Appleton, Truc “Curt” Tran will be present with counsel for the hearings, along with legal representation of their involved LLC’s. As noted above, currently a total of $21 million in allegedly misdirected EDA assets is being sought for recovery in the civil case.