Wendy Askins, the former Executive Director of the Upper Cumberland Development District was scheduled to appear in U.S District Court in Nashville for a “change of plea” hearing Monday but the case has been reset for trial March 8, 2016.
Last Tuesday, September 8, U.S. District Judge Aleta A. Trauger signed an order scheduling the “change of plea” hearing for Monday, September 14 at 1:30 p.m. But on Friday, September 11 the judge granted an Askins’ motion to continue the trial and sealed (made secret) the documents pertaining to the motion.
On Monday, September 14, Judge Trauger signed an order resetting the trial date from September 22, 2015 to March 8, 2016.
The order states as follows:
“This case is reset for jury trial on March 8, 2016 at 9:00 a.m. in courtroom 873, United States Courthouse, 801 Broadway Nashville. As soon as it appears that the case will be tried,the parties shall notify Judge Trauger’s courtroom deputy of the anticipated number of trial days that will be necessary.”
“Any plea agreement shall be consummated by noon on the Thursday before the trial, and the Courtroom Deputy notified thereof. Any proposed plea agreement shall be submitted to the Court by noon on the Friday before the trial. No plea agreement will be entertained unless it is in compliance with this Order.”
“In advance of any plea hearing, the United States Attorney shall submit to chambers a document that lists the elements of each offense to which the defendant is pleading guilty and the statutory penalty for each, including period of incarceration, fine, and period of supervised release applicable”.
“If the case is to be tried, the parties shall file the following by the close of business on the Tuesday before the trial:
1. an agreed set of jury instructions
2. alternative versions of jury instructions on which there is not an agreement, with citations to supporting authorities;
3. an agreed verdict form or alternative versions; and
4. motions in limine.
“Responses to motions in limine shall be filed by 4:00 p.m. on the Friday before trial. Parties shall deliver to chambers a computer disc containing all proposed instructions and verdict forms that are filed”
“The requirements set forth herein shall also apply to any continuances of this trial”
Both Askins and the former UCDD Deputy Director Larry Webb were indicted in September 2013 for their participation in a scheme to commit bank fraud and to steal federal and state funds intended to promote economic and housing development through a program called “Living the Dream” which was supposed to be a residential home for seniors.
Webb entered a plea last month to one count of federal bank fraud and will be sentenced November 24 though he apparently faces no fines or prison time. Under his plea arrangement, Webb reportedly agreed to testify against Askins during her trial.
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