Judge Ron Harmon decided he needs more time and info before he makes a decision.
Harmon wants more legal documents about how monies were used.
The judge said he does believe the majority of money was given for use by and for the Winkler children while some was given specifically to Dan Dianne Winkler.
Wednesday, June 24, 2009
Response To Guardian Ad Litem
Kay Farese Turner:
Thinks the money is or is not the children's money referring to the Guardian Ad Litem's comments.
This is not a simple case. Is this money that belongs to children and if so, who received it and was it appropriate and should it be repaid.
Kay Farese Turner would like the court to pay her fees regarding getting the money back
Thinks the money is or is not the children's money referring to the Guardian Ad Litem's comments.
This is not a simple case. Is this money that belongs to children and if so, who received it and was it appropriate and should it be repaid.
Kay Farese Turner would like the court to pay her fees regarding getting the money back
Guardian Ad Litem
Says he thinks the Winkler's made decisions that were in the children's best interests and that any of us would have done the same thing. Thinks the trip to Disney World and items that were bought benefitted the kids.
Wishes "immediate needs" had been defined at the beginning. Never saw anything in excess. All things were done promoting what was in best interest of the children.
Direct accounting for life insurance and social security money.
Thinks remaining money should be paid into the court to avoid any other questions and issues.
Sees a difference between the two trusts that were set up. One was 100% for the kids while the other did not.
Wishes "immediate needs" had been defined at the beginning. Never saw anything in excess. All things were done promoting what was in best interest of the children.
Direct accounting for life insurance and social security money.
Thinks remaining money should be paid into the court to avoid any other questions and issues.
Sees a difference between the two trusts that were set up. One was 100% for the kids while the other did not.
Closing Arguments
Greg Smith For the Winklers:
Money belongs to the trust not to the Winkler children.
Fund is not owned by the children, it is clearly owned by the Huntingdon Church Of Christ.
People give money to all sorts of fund and organizations for use as they see fit. The law says if a donor who has given a conditional gift and is unhappy with how its spent, the donor can ask for the return of the gift. Not one single person has said they want their money back.
Money does not belong to Winkler children and has been watched carefully by the Winklers
Money belongs to the trust not to the Winkler children.
Fund is not owned by the children, it is clearly owned by the Huntingdon Church Of Christ.
People give money to all sorts of fund and organizations for use as they see fit. The law says if a donor who has given a conditional gift and is unhappy with how its spent, the donor can ask for the return of the gift. Not one single person has said they want their money back.
Money does not belong to Winkler children and has been watched carefully by the Winklers
Closing Arguments
Kay Farese Turner:
Says account was set up by church. Clearly intent of trust was 100% percent for the children of Mary Winkler. Says Winkler's former attorney admitted that previously.
Says there's been a lot of "double speak" in this case, written and oral.
Says court must decide whose money this is and that she thinks its for the kids.
What remedy is there if it is determined the money belongs to the girls. Winkler's should have watched over the money and protected it.
Says if $30,000 of fund money was spent on a van to carry the girls then the van should be given to Mary Winkler.
$150,000 for attorneys fees from account.
"All of this money, all of it, was the children's money."
"Ignorance of the law is no excuse"
"
Miss Winkler has no money, she is indigent. The court has signed papers saying she is indigent. We have not received one penny yet we've issued three subpoenas."
"Like pulling teeth out of a crow, we finally get the documents."
Court should take all of the remaining funds and watch over it.
Regarding money that's been spent, a case should be filed in Williamson County for misuse of funds.
Says account was set up by church. Clearly intent of trust was 100% percent for the children of Mary Winkler. Says Winkler's former attorney admitted that previously.
Says there's been a lot of "double speak" in this case, written and oral.
Says court must decide whose money this is and that she thinks its for the kids.
What remedy is there if it is determined the money belongs to the girls. Winkler's should have watched over the money and protected it.
Says if $30,000 of fund money was spent on a van to carry the girls then the van should be given to Mary Winkler.
$150,000 for attorneys fees from account.
"All of this money, all of it, was the children's money."
"Ignorance of the law is no excuse"
"
Miss Winkler has no money, she is indigent. The court has signed papers saying she is indigent. We have not received one penny yet we've issued three subpoenas."
"Like pulling teeth out of a crow, we finally get the documents."
Court should take all of the remaining funds and watch over it.
Regarding money that's been spent, a case should be filed in Williamson County for misuse of funds.
Jim Hampton says Dan Winkler was removed as a co-signor on the account because church members did not want to get involved in the legal matters of this case.
Farese Turner reads from a letter sent to donors when this case was filed. The letter was asking donors to give the reason why they donated money. Farese Turner points out the wording changed from helping the Winkler girls to helping the Winkler family. Farese Turner asks if that was done to plant a "memory" in the head of the donor. Hampton says he thinks both letters say the same thing essentially.
Farese Turner reads from a letter sent to donors when this case was filed. The letter was asking donors to give the reason why they donated money. Farese Turner points out the wording changed from helping the Winkler girls to helping the Winkler family. Farese Turner asks if that was done to plant a "memory" in the head of the donor. Hampton says he thinks both letters say the same thing essentially.
Rebecca McKelvey has called her first witness, a Jim Hampton, who is a member of the Huntingdon Church of Christ. He is saying the fund was set up to help Dan and Dianne Winkler.
Kay Farese Turner is now questioning Hampton. He reading the flyer that was sent out by the church saying the money was intended to be used for the immediate and future needs *of the children*
Hampton, who is an elder at the church, says elders had to sign off on checks from the account.
Kay Farese Turner is now questioning Hampton. He reading the flyer that was sent out by the church saying the money was intended to be used for the immediate and future needs *of the children*
Hampton, who is an elder at the church, says elders had to sign off on checks from the account.
Farese Turner reads another flyer which states, "This money will be used for the immediate needs of the children and later on for their educational needs." Farese Turner says this shows the money was for the children.
Greg Smith says there are no allegations against the church and facts are being misrepresented.
Judge denies request to toss out case
10 minute break then defense presents its side
Greg Smith says there are no allegations against the church and facts are being misrepresented.
Judge denies request to toss out case
10 minute break then defense presents its side
Dan Winkler has left the stand and Kay Farese Turner says she is resting her case.
Greg Smith is asking the judge to throw out the case. This is routine. Smith says Farese Turner has not shown that the money was solely meant for the children.
Farese Turner says maybe church leaders committed fraud by saying in a flyer that the money donated, "...will be used for the children now and in the future." This is the Huntingdon Church of Christ.
Farese Turner then says a friend of the Winklers even went on Larry King Live saying donated funds would be used for the chilren then and in the future.
Greg Smith is asking the judge to throw out the case. This is routine. Smith says Farese Turner has not shown that the money was solely meant for the children.
Farese Turner says maybe church leaders committed fraud by saying in a flyer that the money donated, "...will be used for the children now and in the future." This is the Huntingdon Church of Christ.
Farese Turner then says a friend of the Winklers even went on Larry King Live saying donated funds would be used for the chilren then and in the future.
Back From Lunch
After a 46 minute delay, we are back in court and the live stream is up.
Mary Winkler is still a no show.
Kay Farese Turner had a few more questions for Dan Winkler. She wanted to know if he was trying to build a house in Carroll County. Winkler says he is in the process of trying to build a $200,000 home. Farese Turner asks from where the money is coming. Winkler said he plans to take out a loan.
Mary Winkler is still a no show.
Kay Farese Turner had a few more questions for Dan Winkler. She wanted to know if he was trying to build a house in Carroll County. Winkler says he is in the process of trying to build a $200,000 home. Farese Turner asks from where the money is coming. Winkler said he plans to take out a loan.
The conversations between Dan Winkler and Kay Farese Turner has gone beyond tense and are now combative.
Even the judge smirked during one of their exchanges.
The two are now going over withdrawals from the funds. $100,000 legal fees, $400 for groceries, a cashier check to Mary For Patricia's social security and $167 to Mary for August money. Same goes for each child.
Even the judge smirked during one of their exchanges.
The two are now going over withdrawals from the funds. $100,000 legal fees, $400 for groceries, a cashier check to Mary For Patricia's social security and $167 to Mary for August money. Same goes for each child.
Winkler is talking about how money would end up in his bank accounts. Dan Winkler says some checks would come directly to him as gifts and would be deposited into his personal account. Other checks would be sent specifically to the fund and would be deposited into the fund account.
Winkler says he withdrew $31,000 from the Winkler Family Fund.
Winkler says he withdrew $31,000 from the Winkler Family Fund.
Wednesday
Dan Winkler is once again on the stand and being cross examined by his attorney, Rebecca McKelvey.
Only a few questions and we have our first recess
Only a few questions and we have our first recess
Tuesday, June 23, 2009
Rebecca McKelvey , attorney for the Winkler's is now questioning Dan Winkler.
McKelvey tried to question Winkler about an accounting of exenses but Farese Turner objected saying it was hearsay.
Winkler's other attorney Greg Smith argues he was instructed by the court to prepare the document.
Farese Turner is perturbed and has objected twice.
McKelvey tried to question Winkler about an accounting of exenses but Farese Turner objected saying it was hearsay.
Winkler's other attorney Greg Smith argues he was instructed by the court to prepare the document.
Farese Turner is perturbed and has objected twice.
On his Twitter, Tom Powell was talking about lunch. This isn't a big place and there are few eating options. We usually eat at the same place each day, Mallard's Restaurant. Today, we ate there just a few feet away from Mary Winkler. The judge also ate there as well as other media members.
Winkler smiled at us and even made a joke with a reporter.
Winkler smiled at us and even made a joke with a reporter.
We're Back From Lunch...
Farese Tuner asking Winkler about a check for $30,000 made out to Dr. Keith Ablow.
Ablow is a psychiatrist and was an expert witness for the Winklers.
Farese Turner seems to think the amount was excessive and wanted to know from where the money came.
Ablow is a psychiatrist and was an expert witness for the Winklers.
Farese Turner seems to think the amount was excessive and wanted to know from where the money came.
Check for $10,000 was given to Dan Winkler to pay for funeral costs for his son.
This money was a gift from a Nashville church. Farese Turner says yesterday we were told the Winkler's paid for all funeral funds from their own private money. Winkler says he did not know the intent of the gift and put it into his account.
This money was a gift from a Nashville church. Farese Turner says yesterday we were told the Winkler's paid for all funeral funds from their own private money. Winkler says he did not know the intent of the gift and put it into his account.
"This money will be used for the immediate and future needs of the Winkler children."
Winkler confirms there is $11,ooo left in the fund.
Winkler says he has no knowledge of where the money in the account came from specifically.
$28,675 was sent to Dan Winkler to purchase a "reliable car" to transport the girls while they were in custody.
Total of car was $35,617
Winkler says he took the $7,000 difference from the Winkler Family Fund and that it was an appropriate use of funds.
Winkler confirms there is $11,ooo left in the fund.
Winkler says he has no knowledge of where the money in the account came from specifically.
$28,675 was sent to Dan Winkler to purchase a "reliable car" to transport the girls while they were in custody.
Total of car was $35,617
Winkler says he took the $7,000 difference from the Winkler Family Fund and that it was an appropriate use of funds.
We're Back...
Go to the homepage of wreg.com and look on the right side of the screen. You can vote whether Mary Winkler should get control of the money.
Mary Winkler is sitting quietly, watching her former father-in-law get grilled by her attorney.
Today, Mary Winkler has a green top on with some big earrings and a headband. She seems to have a cold because she keeps grabbing for tissues.
Accoridng to Farese Turner, there was a separate fund totalling $178,000 set up specifically for Dan and Dianne Winkler.
Winkler says the money is actually the same fund that we've known about.
Now Winkler has read one of his own legal papers that says the two funds are different funds.
Honestly, it's very confusing.
Today, Mary Winkler has a green top on with some big earrings and a headband. She seems to have a cold because she keeps grabbing for tissues.
Accoridng to Farese Turner, there was a separate fund totalling $178,000 set up specifically for Dan and Dianne Winkler.
Winkler says the money is actually the same fund that we've known about.
Now Winkler has read one of his own legal papers that says the two funds are different funds.
Honestly, it's very confusing.
Winkler says in 2006, he earned $47,500 by writing books for a company owned by his parents.
It would appear Kay Farese Turner is trying to narrow down exactly how much money in Winkler's account was earned and where the rest came from...
Winkler says he has six bank accounts but does not explain why nor does he have to.
Dan Winkler is being asked about his finances and how much money he made last year. Winkler says he'll need to look at his tax returns before he can give an accurate account.
Kay Farese Turner says the guardian ad litem had concerns about how money was being spent.
Talk now is over $100,000 in Dan Winkler's bank account that was moved into a securities account
Kay Farese Turner says the guardian ad litem had concerns about how money was being spent.
Talk now is over $100,000 in Dan Winkler's bank account that was moved into a securities account
Day 2
Dan Winkler (father of murdered Matthew Winkler) has taken the stand. Winkler is being questioned by Mary Winkler's attorney, Kay Farese Turner. Turner is asking Winkler about a trip to Disneyland with their three grandchildren.
Monday, June 22, 2009
Attorney for Winklers continues to stress that he believes evidence being entered doesn't have a proper "chain of custody" or that the paperwork has not been certified.
Right now discussion is over a piece of paper with unidentified hand writing on it. The paper was sent to donors to solicit an explanation of the intent of the donation for use during these court procedures.
The letter reads, "I understood at the time of my donation the money would help Dan and Dianne Winkler to pay legal fees and any purpose they deem necessary after the death of Matthew Winkler."
Right now discussion is over a piece of paper with unidentified hand writing on it. The paper was sent to donors to solicit an explanation of the intent of the donation for use during these court procedures.
The letter reads, "I understood at the time of my donation the money would help Dan and Dianne Winkler to pay legal fees and any purpose they deem necessary after the death of Matthew Winkler."
Details
225,000 said to be collected by the fund Mary Winkler is trying to get hold of.
Mary Winkler is wearing a white and black top with large earrings and it she has highlighted her hair. I'm told she also has a French manicure.
In place of her wedding ring, Mary Winkler now wears a ring with the birth stones of her three children.
Winkler, when court is not in session, can be found using her iPhone or outside smoking.
She seems quiet and rarely talks with anyone.
Dan and Dianne Winkler are sitting about 20 feet away facing Mary.
There are several people from the Winkler's church.
Keith Morrison of Dateline NBC is also in the courtroom
Mary Winkler is wearing a white and black top with large earrings and it she has highlighted her hair. I'm told she also has a French manicure.
In place of her wedding ring, Mary Winkler now wears a ring with the birth stones of her three children.
Winkler, when court is not in session, can be found using her iPhone or outside smoking.
She seems quiet and rarely talks with anyone.
Dan and Dianne Winkler are sitting about 20 feet away facing Mary.
There are several people from the Winkler's church.
Keith Morrison of Dateline NBC is also in the courtroom
We're Back
Attorneys are once again talking to the judge.
Kay Farese Turner is Mary Winkler's attorney. Farese's brother, Steve, represented Winkler during her murder trial.
Kay Farese Turner specialises in family law.
Kay Farese Turner is Mary Winkler's attorney. Farese's brother, Steve, represented Winkler during her murder trial.
Kay Farese Turner specialises in family law.
Lunch
I haven't written much because, well, not much has happened. The two attorneys appear to constantly be repeating the same thing they just said.
Judge has declared a recess until 1:00
Denied
Winkler family attorney tried to get the judge to throw this out of court but the judge denied the request.
We're Back
Court break is over.
Our Tom Powell has found a site that has info on the Winkler Family fund that indicates the money *will* go to the children and is for the children.
http://www.punditguy.com/winkler-family-fund/
Our Tom Powell has found a site that has info on the Winkler Family fund that indicates the money *will* go to the children and is for the children.
http://www.punditguy.com/winkler-family-fund/
Issues
Sorry the blog has been sparse. We were having issues with Skype but now we're up and running and I can focuse on the blog.
Affidavits
239 affidavits have been filed from donors to the fund with each saying they believed the money was going to the Winklers to help defray costs associated with the murder of their son by Mary Winkler. Again, the attorney is trying to show the money does not belong to the children.
And it begins
The courtroom at the courthouse here in Huntingdon, TN is filled with media, gawkers and members of the Winkler family. An attorney for the Winkler's tried to get the media shut out of any discussions about the children and the money in an account set aside for them. The judge denied that request which was a relief to many of us.
Right now the Winkler's attorney is clarifying why the trust for the children was set up at the church where Mr. Winkler preaches. His case is the fund was not set up specifically for the children therefore it does not directly belong to the children and Mary Winkler has no claim over it.
We've learned there was a $535,000 life insurance policy being held by the court.
Right now the Winkler's attorney is clarifying why the trust for the children was set up at the church where Mr. Winkler preaches. His case is the fund was not set up specifically for the children therefore it does not directly belong to the children and Mary Winkler has no claim over it.
We've learned there was a $535,000 life insurance policy being held by the court.
Saturday, June 20, 2009
Winklers v Mary And The Money
Monday (6/22/2009) Mary Winkler and her in-laws will go before a judge in Huntingdon, TN. Numerous documents will be unsealed as Mary Winkler tries to get control of a trust fund set up for her childrene.
I will be blogging live from the courtroom and we will use Skype to bring you live coverage.
I will be blogging live from the courtroom and we will use Skype to bring you live coverage.
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