Defendant Takes the Stand – 4:30 Update
February 5th, 2015 by
After the break, Larry Flemister was recalled, by the defense. He brought with him steel purchase records. The prosecutor pointed out that the documents he offered had been modified.
Larry told the court that the documents had been faxed to him during lunch. Sections of the faxed documents had been cut out by Larry, since he received them earlier today.
Spain contended that the witness (Larry) was required to testify from his own knowledge, not be allowed to exclusively read from a document. Larry was then released from the stand.
Gibson then called the defendant, Douglas Flemister, to ask about business operations, and if those operations had changed, as management members changed. He replied that they had not.
Doug testified the all employees “work on boats”, regardless of who took the order.
Doug told the jury, “I have never failed to give their money back, I just may not have done it when I told them.”
When asked about a customer’s refund check bouncing, Flemister told that he was arrested for that check, and that it was made good, and he was released.
He told that many of the names on today’s case log have cancelled their orders, and that he still intends to give those customers refunds.
As the prosecution took over to cross-examine Doug Flemister, quite a bit of time was spent trying to determine how many boats were built in 2013 and 2014. Flemister and Spain narrowed it down to 75-79, in 2014, counting orders, cancelations, and boats that weren’t included in the presented list. The estimate for 2013 was 125-130.
Next, company invoices were discussed, many of them one-by-one.
Spain then asked how many boats F&F is currently behind. Doug answered, “10-12.” As the questioning continued, more business financial and operational practices were questioned for reliability.
Around 3:30, Gibson, re-addressed the defendant, briefly, hoping that his final defense witness would arrive. Gibson asked Doug if he had ever gotten paid for a boat, and intended not to build it. Flemister responded, ” Absolutely not. ”
At 3:40, the court again went into recess.
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