New Allegations in Carter's Grove Case

By Desiree Parker Thursday, August 25, 2011

Carter’s Grove owner Halsey Minor has petitioned the court to keep Colonial Williamsburg from changing its deposition testimony in the ongoing bankruptcy case.

Carter’s Grove LLC, the entity Minor created for the purchase of the historic home, filed for bankruptcy after CW started foreclosure proceedings on the property. The case has been inching its way through the court process, most recently landing in Newport News bankruptcy court from its beginnings in California (where Minor lives). Parallel to the bankruptcy case, Minor has filed a claim against CW, claiming it covered up severe moisture damage to the home, failed to disclose the damage and also buried debris on the property (read a previous story on the claim here).

Last week, Minor’s attorney filed a motion asking the court to toss out changes CW recently made to its deposition of a few months ago. Minor’s claim against CW about the damage to Carter’s Grove relies heavily on the deposition of a CW employee; CW has since added what Minor’s attorney calls “substantive changes” to the testimony.

Minor alleges that “CWF made improper substantive changes to the testimony,” according to court documents. “Rather than simply correcting reporting inaccuracies, CWF rewrote the testimony, in an obvious attempt to ameliorate damage testimony… In addition, CWF’s changes were submitted late and without justification.”

The deposition in question happened on May 24. CW’s attorney received a transcript on May 26, but didn’t offer their changes until June 30, more than a month later.

Some of the 18 changes made to CW employee Thomas Peck’s testimony include changing a “yes” answer to “no,” and several instances where Peck gave only a “yes” or “no” answer and CWF added an explanation or clarification afterwards.

Not only were the changes late, Minor argues, but they were “conclusory” and “impermissible” based on court rulings in other similar cases.

Minor alleges that CW made the changes in response to the claim he filed against it.

Last week, the court held a status hearing on the case. The judge gave Minor two weeks to file an amended disclosure statement, and the next court date is set for Oct. 21.