bvelliquette@heraldsun.com; 419-6632
HILLSBOROUGH -- Andrew and Cheri Young avoided being sent to jail for contempt of court Tuesday, but a judge told them that false statements they made previously in sworn affidavits was "very disturbing."
The Youngs were in Orange County Superior Court to purge themselves of being sent to jail for contempt of court for failing to turn over items as ordered by the court, but during the hearing several problems arose.
Rielle Hunter, who had an affair with John Edwards while he was running for president, claims the Youngs took items, including a private and personal videotape she made, photographs and other items that belong to her. She filed and received a temporary restraining order directing the Youngs to turn over to the court all the items and any copies made of them.
Superior Court Judge Abraham Penn Jones previously found the Youngs in contempt of court but gave them time to collect and turn over the items in order to purge themselves of the contempt charge. Tuesday was the deadline for the Youngs to turn over all the items.
One of the items that was due by Tuesday was an affidavit from David Geneson, their attorney in Washington, D.C., who, according to the Youngs, gave the only copy he had of the John Edwards videotape to the FBI for a grand jury investigation.
Hunter's attorney, Wade Barber, pointed out to the court that the affidavit Geneson submitted did not say it was sworn, was not dated, did not indicate the place where the notary signed it and did not include a statement from the notary.
Barber called the affidavit craftily worded so that Geneson could avoid making a solid statement that no other copy existed. Superior Court Judge Abraham Penn Jones agreed and told the Youngs that Geneson would have to submit another affidavit that was legal under North Carolina law by 5 p.m. Thursday.
Hunter's attorneys argued that Geneson should be required to come to North Carolina to testify, but the judge said he would wait until he sees the new affidavit.
Hunter's attorneys also said they believe another copy of the tape has yet to be surrendered. In Young's book, "The Politician," he claimed he gave a copy of the tape to an attorney with the instructions that if something happened to him, he was to make the videotape public, but that tape has not been accounted for, the attorneys told the judge.
Youngs attorney, Robert Elliot, told the judge that the Youngs have turned their house upside down to find anything that Hunter might claim belongs to her. They've turned over everything, including items that Hunter did not ask for, except a list Hunter made called the Slut Club Vice President List, which contains the names of 34 men.
The Youngs turned over a photo of the list but not the list itself, saying they couldn't find the piece of paper.
Hunter's attorneys also accused the Youngs of theft because they had a video camera that belonged to Hunter, but they only turned it over to the court on Tuesday.
Barber told the court that Hunter had been insisting that the Youngs had taken her video camera and she wanted to file a report with the sheriff. Barber said he discouraged her from doing so because she didn't have any evidence the Youngs took it.
Hunter's other attorney, Alan Duncan, said the Youngs had the camera for a year and a half, knowing that it didn't belong to them.
"That is theft," Duncan said.
"That is a strong word," the judge replied.
"Yes it is," Duncan said.
Jones reiterated throughout the hearing that he was only trying to collect all the items and safeguard them, and that their ownership will be decided during a jury trial.
A forensic computer specialist is also attempting to remove anything form the Youngs' computer that might belong to Hunter.
Another hearing is scheduled in Pittsboro on March 9.
