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Three depositions of people who testified against Brunswick County Board of Education member Ray Gilbert can be used in the appeal process, a judge ruled last Wednesday.
District Judge Jerry Jolly granted a Rule 27 B motion, which allows Gilbert’s attorney Edwin West to use the depositions of Yvonne Michelle Hankins, a West Brunswick High School secretary; Wilbur “Marcus” Livingston, the father of two of Hankins’ children; and Jaquan Holland, Hankins’ neighbor, all who testified Gilbert threatened their lives.
Gilbert is appealing a domestic violence order of protection placed against him in December, after an affair between him and Hankins ended. Gilbert has publicly admitted to the affair but denied making any threats toward Hankins.
West filed a motion to use the depositions earlier this year, claiming a substantial amount of time may pass before further court proceedings and Hankins’ memory may fade. The motion expresses concern Hankins may be unavailable to participate in further proceedings and/or it could be impractical for the defense to later get her testimony.
“The facts to be established would be probative, material and competent in a later hearing in this action; the relief sought is necessary in order to avoid a failure or delay of justice; and as otherwise may be shown at a hearing on this motion,” the motion states.
No date has been set for the appeal hearing.