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By Ed Meyer
Beacon Journal staff writer
Published on Wednesday, Jan 23, 2008
Five family members and friends of former Evergreen Corp. President David B. Willan offered their homes and property Tuesday to back a signature bond that defense lawyers are requesting for Willan's release from the Summit County Jail.
Willan, 37, is charged with multiple first-degree felonies in a 147-count Summit County indictment alleging widespread Akron-area mortgage fraud.
He has been held in lieu of a $3 million bond since his Dec. 19 arrest.
His lawyer, William Whitaker, said at Tuesday's hearing that Willan's business was taken over in bankruptcy court and that he no longer has any assets to finance a flight from prosecution.
Those who testified on behalf of Willan ''know him, and they know him well,'' Whitaker said, and still are willing to back a signature bond ''recognizing that if (Willan) did not stay in the community to face these charges, they would lose everything.''
Common Pleas Judge Thomas A. Teodosio made no decision on Willan's release, saying he had other criminal cases to deal with Tuesday.
The hearing is to resume at 2 p.m. Friday.
Prosecutors are expected to call several witnesses to testify that Willan is a serious flight risk.
On Tuesday, Willan's niece, Lorraine McMullen, told Teodosio that Willan ''has been like a father to me.''
McMullen, a Kent State
University graduate student in psychology, said her biological father died of cancer when she was 8 years old and that Willan ''stepped up at a young age'' to take care of her, her brother and other members of their family whenever they needed help.
Weeping openly on the witness stand, she strongly denied prosecution claims that Willan would be a flight risk, saying: ''He would never, ever leave us.''
About a dozen Willan supporters attended the hearing, including his mother and father, Sue Ann and Russell Willan, who testified that they would put up their home in Seville and 10 acres of adjoining property as backing for a signature bond.
''I'll sign the bond anytime, right now. He won't leave,'' Willan's father said.
Assistant Summit County Prosecutor Colleen Sims, in a brief filed with Teodosio, said Willan formed an Evergreen subsidiary, Evergreen Homes LLC, in 2001, and that $2.8 million was ''unaccounted for'' from that company.
She noted in questioning Willan's mother that he is accused of ''stealing millions of dollars'' in Evergreen funds and asked if she were backing her son because any mother simply would not admit serious wrongdoing by her child.
''Possibly,'' Sue Ann Willan said, ''but I just can't imagine he would do anything like that.''
Assistant Prosecutor Richard Hoenigman questioned defense witnesses about a 50-foot Hatteras fishing vessel — described by Hoenigman as a ''yacht'' — that he claimed Willan owned.
Lorraine McMullen said she had been on the boat with Willan ''three or four times in family functions,'' but denied suggestions that he would use it to flee.
''He's here, isn't he?'' McMullen said. '''He's here because he wants to fight this and prove nothing was done wrong.''
Willan is one of 17 charged in the case.
The 66-page indictment, announced by authorities Dec. 20, alleges that Willan and the others set up a web of predatory borrowing and securities scams that bilked investors, homeowners and lenders out of some $16 million.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
Five family members and friends of former Evergreen Corp. President David B. Willan offered their homes and property Tuesday to back a signature bond that defense lawyers are requesting for Willan's release from the Summit County Jail.
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