THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, October 1, 1996 TAG: 9610010306
SECTION: LOCAL PAGE: B3 EDITION: NORTH CAROLINA
SOURCE: BY MASON PETERS, STAFF WRITER
DATELINE: ELIZABETH CITY LENGTH: 48 lines
Frank H. Habit, an Albemarle developer ordered jailed by Superior Court Judge J. Richard Parker for contempt, remained at large Monday evening.
Parker rejected two new motions filed by Habit's attorney, C. Glenn Austin, that asked the judge to delay Habit's 10-day jail sentence.
But Habit did not appear Monday.
Parker had previously shown leniency to Habit by extending the time allotted to the real-estate promoter to obey court orders.
Habit appeared before Parker as a defendant in a $12,000 suit brought last summer by an Elizabeth City couple who said they paid that amount for two units in a real estate deal Habit was putting together.
The couple, Dewey G. and Elizabeth Faye Copeland, sued Habit to determine what financial arrangements backed up the ``units'' they bought.
Parker directed Habit to provide a detailed accounting of his net worth and records of his financial holdings. Habit eventually said he owned virtually no property and his net income was $700 from a monthly Social Security check.
But the judge decided that Habit was stalling in his replies to the court's orders and on June 6 the judge ordered a $100 fine and the jail sentence. The judge gave Habit extensions of time to obey the court.
When Habit again failed to carry out the court's orders to the satisfaction of the judge, Parker increased the court costs to $300 and reaffirmed the 10-day jail sentence.
Finally, on Sept. 20 the judge told Pasquotank County Sheriff Randy Cartwright to pick up Habit and put him in a Tri-County Jail cell.
Over the weekend Habit continued to play hide-and-seek with the Pasquotank sheriff, whose deputies have been looking for Habit since he was ordered jailed.
``We thought we were getting close to him today,'' Cartwright said Monday afternoon.
``A reliable informant told us that Mr. Habit's van was parked at a downtown fraternal club,'' said Cartright, ``But there was no sign of Mr. Habit when we got there.''
Cartwright also said he had been in telephone communication with Habit.
``He called on a car phone but when we traced it nobody answered,'' said Cartwright.
Habit last week indicated that he might be prepared to surrender at the Courthouse on Monday.
But when the new week arrived there was no sign of Habit. Only his attorney, C. Glenn Austin, appeared to file the jail-stay motions that were denied by Judge Parker. by CNB