Former trustee is sent to jail

AIKEN --- A former James Brown trustee accused of misappropriating millions of the late singer's money will spend the next six months in jail for not paying more than $400,000, as ordered by a court in 2007.

David Cannon was in the Aiken County jail after surrendering to police Wednesday afternoon for contempt of court.

Calls to Mr. Cannon's attorneys Thursday were not returned.

For more than a year, Mr. Cannon has maintained that he does not have the financial means to pay the $433,000 -- $373,000 to Mr. Brown's estate, $50,000 for attorneys' fees and a $10,000 fine.

In December 2007, 2nd Judicial Circuit Judge Jack Early signed a court order finding Mr. Cannon in contempt for not only failing to pay the money but also for filing amended tax returns for James Brown Enterprises after he resigned as trustee and for not turning over financial documents dating back to 1999, as ordered.

Judge Early also said in his order he did not believe that Mr. Cannon lacked the money to pay, based on his testimony earlier that year that he paid a contractor in Honduras $866,000 for construction of a home after resigning as trustee in August 2007.

The court order stated that Mr. Cannon could avoid going to jail if he paid the money by Jan. 25, 2008. If not, he would begin serving a six-month jail sentence by noon of that day.

The South Carolina Court of Appeals intervened and granted a stay of enforcement of the six-month jail sentence on the condition that Mr. Cannon obtain a bond in the amount of $433,000.

A Georgia bank issued Mr. Cannon a 12-month letter of credit that expired Wednesday. The bank did not renew the letter of credit, and a petition filed with the court of appeals to extend the stay of enforcement was denied.

Mr. Cannon was one of three men Mr. Brown designated to oversee his estate after he died. Mr. Cannon, Alfred Bradley and Buddy Dallas were to manage two trusts -- the James Brown I Feel Good Trust to educate needy children and the James Brown Family Education Trust to educate the entertainer's grandchildren.

The six heirs named in the late singer's will were to divide up his household belongings, but after their father's death on Christmas Day 2006, five of those heirs petitioned the court to have the trustees removed, claiming that they mismanaged the estate.

The three men resigned in 2007 but later retracted their resignations, saying the judge used "improper judicial influence" to intimidate them into quitting.

Reach Michelle Guffey at (803) 648-1395, ext. 110, or michelle.guffey@augustachronicle.com.