Business Owner’s Jury Trial -11 am Update
February 5th, 2015 by
An ASP special agent took the stand to start Thursday’s court day.
The agent testified that he had first spoken to Doug Flemister on December 17, 2013, at the request of the prosecuting attorney’s office. That conversation was about 2 dissatisfied customers, before the rest of the plaintiffs became included.
DCSO Lt. Tim Nichols was called next. He told the court that he had talked with Flemister, as early as 2012, about complaints about his business’ failure to produce promised (and paid for) boats.
Larry Flemister (Doug’s uncle and business partner) a defense witness, was called by the state.
Prosecutor Frank Spain asked him who took the orders for the boats in question, one by one. In each case he answered “Doug,” except for one the did together.
The prosecution then asked what phrase he had used to describe the process of using “customer 3’s money” to build “customer 1’s boat”; he answered, “robbing Peter, to pay Paul.”
Gibson questioned Larry Flemister about F&F’s business status, from a corporation, to an LLC, to a partnership. Gibson continued, asking if Larry had approved of everything that had happened at the shop: He agreed that he had.
Gibson then asked if Larry was “equally responsible,” and Larry replied, “yes.”
Larry told the court that he had borrowed money from family and friends, to pay off some of F&F’s debts and judgements. He added that his wife had even cashed in a life insurance policy.
Gibson then questioned Larry Flemister in the direction that led for him to say that he really knows very little about the boat orders that are involved in the trial.
Spain and Gibson spoke with the Judge, then Spain asked Larry Flemister to explain the serial number record book, and what happened to its missing pages. Duplicate serial numbers on different boats were also questioned, and asked if it may be because a boat was ordered, and never built, causing the number to be reassigned.
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