Brown estate battle continues
Former trustee will testify about missing millions during hearing
By Sandi Martin| South Carolina Bureau Chief
Sunday, November 11, 2007

AIKEN --- The legal fireworks just keep coming in the squabbling over James Brown's estate.

And it's landing back in court Thursday, with a former trustee expected to testify where $7 million or more of the late singer's money went.

David Cannon, who is accused of misappropriating millions of the Godfather of Soul's fortune, is scheduled to take the stand during the hearing, which is set for 10 a.m., although it's not yet clear whether it'll be held in Bamberg or Aiken County court.

With the bombshell claims late last week by Mr. Brown's first wife that the two never divorced -- quickly refuted by court records -- one attorney lashed out about what he says are frivolous "distractions" taking attention from a more pressing issue: Where did the money go?

Louis Levenson, the Atlanta attorney representing several of the singer's children and grandchildren, said he suspects the amount of missing money will be "significantly" more than $7 million, and that a criminal investigation could ultimately be launched.

"That's the amount that's known to be unaccounted for," he said.

But he said his legal team is concerned about other financial dealings as well.

"It is my hope that Mr. Cannon can explain what has been unexplained for 11 months," Mr. Levenson said.

Mr. Cannon did not return a message left for him at his office Friday.

Even before old accusations and legal filings can be dealt with, new ones keep popping up.

Three women confirmed by DNA testing as children born to the singer out of wedlock are suing for a share of the estate. Paternity questions still surround James Brown II, the 6-year-old son of the singer's disputed fourth wife, Tomi Rae Hynie Brown.

Judge Jack Early has not yet ruled on her challenge to his will, which mentioned neither of them. She wants a summary judgement proclaiming her his surviving widow -- which the singer's trustees dispute.

Along with the filing by Velma Warren Brown that claimed she was the singer's surviving widow -- she said the two never divorced, although Richmond County Superior Court records from 1969 dispute that -- other court claims keep landing in the inches-thick file at the Aiken County Courthouse.

The remaining two trustees want one of Mr. Brown's daughters held in contempt of court, alleging that Yamma Brown Lumar removed items from her father's Beech Island home and didn't return them in violation of a judge's order.

Other people involved in the matter are also accused of misdeeds their opponents say should be punished by contempt, including Mr. Levenson.

Attorney generals in both South Carolina and Georgia are opposing efforts to make James Brown Enterprises, which contains the rights to his music, an asset of the estate, because that would leave two charitable trusts Mr. Brown created without any funds to pay for the educations of his grandchildren or needy children.

Russ Willard, the spokesman for the Georgia Attorney General's Office, said if that happens, then it would take "significant" money away from those education efforts.

"We're protecting the assets of the trust," he said.

Mr. Levenson predicts the focus of the Thursday hearing will be the accounting discrepancies and Mr. Cannon's testimony.

Mr. Cannon has raised the ire of Judge Early in past hearings by not meeting deadlines for handing over information, and Mr. Levenson said Mr. Cannon has also yet to pay $370,000 for a loan Mr. Brown received against his royalties, as ordered in September.

Whether Mr. Cannon will give Judge Early any satisfactory answers is something they'll find out Thursday, Mr. Levenson said.

"If history is any teacher, the answer is 'no,' " he said.

Reach Sandi Martin at (803) 648-1395, ext. 111, or sandi.martin@augustachronicle.com.

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