EDA versus Poe, Earth Right Energy civil liability case heads into third day

It was a who’s who of past county and “Warren Economic Development Authority” (WC EDA, EDA, FR-WC EDA) staff and board members on the witness stand during the first day of evidence and witnesses in support of that paper trail of plaintiff evidence in the EDA versus Donald F. Poe and Earth Right Energy (ERE) civil liability and counterclaim case, Tuesday, July 12, in Warren County Circuit Court. In order of appearance, those included former County and EDA attorney Dan Whitten, former county supervisor and EDA board member Ron Llewellyn, long-time County Administrator Doug Stanley, former EDA Board member, chairman, and WC Public Schools Superintendent Greg Drescher, and former EDA Executive Director Jennifer McDonald, former EDA Administrative Assistant Gretchen Henderson, in addition to several others including ERE staffer Mandy Newman, and two plaintiff “expert witnesses” on solar panel installation techniques, Christopher Page and Kyle Lavesque.

What those witnesses accomplished in the plaintiff’s “roadmap” of its case was verbal support of the paper trail of exhibits introduced to open the plaintiff EDA’s case for recovery of $945,000 in unreturned payments for solar panel installation work it says was either promised in writing at no cost or was never approved or accomplished. Also at issue is a defense counterclaim of $27.3 million, the total of an unrealized contract between ERE and the EDA for solar panel installation at the county’s nine public school facilities. Much of the plaintiff’s evidence surrounds its contention the contract was not legally authorized with the public school system or the county government, who have financial and legal authority over the county’s public school system.

As reported in yesterday’s Royal Examiner story on jury selection and opening arguments, the disputed work or non-work surrounds contracts regarding solar panel installation at the EDA office complex on Kendrick Lane, at the Warren County Public School system’s nine school facilities, and at the EDA’s Baugh Drive warehouse in the north side industrial corridor. See: Jury hears opening arguments in EDA versus Poe/Earthright Energy civil claim, counterclaim case

While having settled civilly with the EDA for $9 million in assets with a “no-fault” notation, McDonald still faces multiple criminal charges now at the federal level in the Harrisonburg-based Western District of Virginia. Consequently, asked about details of her business dealings with the defendants surrounding proposed solar panel installation work and the consequent transfer of over a million dollars in assets between herself and the defendants, McDonald invoked her 5th Amendment right not to respond due to the potential of self-incrimination.

That resulted in a “ballpark” total of 77 “I invoke the 5th Amendment” responses from McDonald, the central figure in the $21 million EDA financial scandal. By this reporter’s count, 25 of those responses came during direct examination by EDA attorney Cullen Seltzer, and 52 in response to cross-examination questions from defense counsel William Ashwell during McDonald’s 25 minutes on the witness stand.

Royal Examiner file photo of former EDA Executive Director Jennifer McDonald and EDA Board Chairman Greg Drescher during 2018 BOS grilling as questions emerged about certain EDA projects and financial transfers.

Proceedings began at 9 a.m. with some technical issues between counsel. The jury came in and the evidentiary part of the trial began at 9:12 a.m. Tuesday. The jury was released at 6:46 p.m. with the trial scheduled to resume at 9 a.m. Wednesday morning. Plaintiff counsel plans to introduce a filmed deposition of defendant Poe at the outset on Wednesday and told the court it hoped to complete its evidentiary presentation by mid-day. Defense counsel said their evidentiary presentation is likely to go into Thursday. Judge Bruce D. Albertson told both sides it hopes to turn the case over to jury deliberations by late Thursday if possible.

See more detail on the trial in a coming Royal Examiner story upon the trial’s conclusion, and the rendering of a verdict.