With GoFundMe monies exhausted, judge wants answers while couple exercises Fifth Amendment

Homeless man's lawyers fear couple might flee

David Madden
September 05, 2018 - 11:56 am
Judge Paula Dow orders depositions from all sides in the case of a homeless man who is fighting in court for the money raised on his behalf by a couple he helped last year.

David Maialetti

Categories: 

MOUNT HOLLY, N.J. (KYW Newsradio) — A Burlington County judge has ordered depositions from all sides in the case of a homeless man who is fighting in court for the money raised on his behalf by a couple he helped last year. 

Mark D'Amico and Kate McClure were ordered last week to turn over what was left of $400,000, which they raised through a GoFundMe page on behalf of Johnny Bobbitt. 

RELATED: Attorney for homeless man in GoFundMe dispute says remaining money is gone

Now, their attorney, Ernest Badway, suggests all the money is gone, even though he never said that before Judge Paula Dow in open court. Dow asked Wednesday to see such financial records.

"My clients did, in fact, both tell me that they would like to exercise their Fifth Amendment right and not produce any of this information," Badway countered.

Bobbitt's lawyers suggested in court, however, that they fear the couple might flee.

Last week, there was supposedly $150,000 left.

"If $150,000 isn't available to be given to Johnny Bobbitt, there's every chance that these people will leave the country in order to take advantage of $150,000," said Bobbitt's lawyer Chris Fallon.

Dow ordered both side to, in her words, "stop grandstanding." She ordered all paperwork filed by Friday, with separate private depositions set for Monday. All sides must appear. 

The next scheduled hearing in this matter is on Sept. 14.