February 20, 2008

AIKEN, S.C. -- Judge Jack Early has ordered former James Brown Trustee David Cannon to surrender his passport to his lawyers, immediately. This after Attorney Louis Levenson filed a motion with the Aiken County Clerks Office after Wednesday’s court proceedings.

David Cannon did not take the stand for the second straight court date. The reason is because he is taking advantage of his 5th Amendment right. Simply, that means he's going to plead the 5th to any question asked of him.

His attorney's say his passport is in good standing, but the Judge did not agree to let Cannon hold onto his passport.

"The reason someone takes the 5th Amendment as his lawyers said to is because they fear criminal prosecution; and Mr. Cannon has property in Honduras. Those two combined doesn't sit well with my clients and I think the estate generally. Mr. Cannon might depart the scene," says Levenson.

Keith Babcock, former counsel for the former James Brown estate trustees, testified in estate proceedings on Wednesday that he does not feel that the judge forced the former trustees to resign. Babcock stated that there was no discussion among himself, Alfred Bradley, and Buddy Dallas along those lines.

Wayne Byrd, who represents Bradley and Dallas, argued that the personal representatives can't handle both the trust and the estate. That discussion is pushed off to March 7th, along with several other hot issues, including Tomi Rae's claim to be the fourth wife and widow of James Brown.

Also discussed in the courtroom was a motion to allow Cannon to sell his property in Columbia. That motion was denied by the judge.