Chancellor overrules motion to dismiss Mary Winkler's request

TAJUANA CHESHIER

UPDATED 5 P.M.

Chancellor Ron Harmon overruled a motion by Dan Winkler's attorney to dismiss Mary Winkler's request for restitution to a trust fund set up for her children.

The ruling came on the third day of testimony in a hearing on a motion by Mary Winkler's attorneys asking that any money used out of the funds to pay legal expenses for her inlaws, Dan and Diane Winkler, should be paid back since donations for the fund were solicited in an effort to care for the Winkler children and their future education.

Dan and Diane Winkler cared for Mary Winkler's three daughters during the time Mary Winkler was in jail and going through a trial on charges stemming from the slaying of her husband Matthew Winkler.

Mary Winkler was convicted of voluntary manslaughter of Matthew Winkler.

Dan and Diane Winkler went to court to fight for custody of their granddaughters before reconciling with Mary Winkler and relinquishing custody.

Earlier today, Mary Winkler's attorney, Kay Turner asked Dan Winkler whether he had enough money to pay his own attorney fees.

Dan Winkler testified that he was in survival mode when he and his wife took in their three grandchildren.

"My father had just passed, my son was killed, and I tried to have enough money in my account to prevent overdraft," he said.

Dan Winkler paid $150,000 in legal fees to two law firms during their court battle with Mary Winkler. The money for his legal fees came from the fund that was from the Huntingdon Church of Christ.

He testified that he had the funds to pay the legal fees, but he used the fund since it

was established to help his family.

Turner asked Dan Winkler about his income and whether he pays a mortgage.

Dan Winkler said he lives in the church's house and does not pay a mortgage. His annual income is $74,000 — $21,000 of that is from the church for upkeep on the house.

Court proceedings continue this afternoon.

Grandfather defends use of Winkler girls' funds

HUNTINGDON, Tenn. — Dan Winkler spent more than five hours on the witness stand Tuesday answering questions about his use of donations from the http://web3.userinstinct.com/40654118-huntingdon-church-of-christ.htm">Huntingdon Church of Christ Fund to care for his three granddaughters in day two of court proceedings.

Winkler is expected to return to the stand at 9:30 a.m. today.

Attorneys for Mary Winkler have http://www.tennessean.com/apps/pbcs.dll/article?AID=200990622031">filed a motion asking that any money used out of the funds to pay legal expenses for Dan and Diane Winkler should be paid back since donations for the fund were solicited in the effort to care for the Winkler children and their future education.

The children's mother, Mary Winkler, was http://www.religionnewsblog.com/18017/mary-winkler-17">convicted of voluntary manslaughter and is on probation for the 2006 killing of her minister husband and the children's father, Matthew Winkler, in Selmer.

Dan Winkler said in court Tuesday that $226,525.26 was collected in the Huntingdon fund and that $215,341.75 in expenses was withdrawn from the account.

Mary Winkler's attorney Kay Turner questioned Dan Winkler about current account balance.

"According to the records, it's $11,183.51," Dan Winkler said.

He testified that he didn't think any more funds were being deposited into the fund.

During the care of his grandchildren, he was a cosignatory on the account until elders of the church informed him that he would be taken off the account.

Turner asked him why the church elders made the decision.

"They said that funds were going to be coming in for attorneys' fees," Dan Winkler said.

According to his testimony, $98,215.98 was paid to legal counsel from the fund.

"How did paying your attorney fees benefit the children?" Turner said.

Dan Winkler said because the family is still in litigation with Mary Winkler - who they sued to have her parental rights terminated - so they could raise the children.

Winkler testified that he and Diane Winkler maintain six personal accounts and that he made withdrawals from the Huntingdon account to reimburse expenses the family incurred while caring for the children.

The expenses included $3,300 for an investigator on Mary Winkler, $7,124.20 in furniture for the three granddaughters, $360 for a youth camp, $2,327.19 in computers and $4,403.86 for a Disney World vacation.

Dan Winkler said the expense of counseling for his granddaughters initially was paid by him and that he made withdrawals from the Huntingdon fund to reimburse his expenses, which totaled more than $1,700 according to his testimony.

Dan Winkler said he never made any deposits or withdrawals from the Brentwood Winkler Family Fund.

The amount in the fund has not yet been discussed in court.

Attorney Robert Hawley is the attorney for the Winkler children who has raised concern about the funds in the Brentwood account.

Dan and Diane Winkler received money from Social Security for each girl.

Winkler said he set up three individual accounts for the girls.

"Each month, I would withdraw $200 from each account for groceries and their care," he said. "I would take $40, from that I'd give them a $10 allowance. Two dollars would be for Jesus, $2 I would save for them and $6 for them to play with."

Winkler said the money saved totaled $200 and he gave it to Mary Winkler in a cashier's check.

The girls have $8,200 saved in their accounts all together, he said.

Turner also questioned Dan Winkler's income and funds he received for the purchase of a van.

"We received a $28,675 check to help us purchase a van," he said. "Three men took it upon themselves to raise the money."

Turner said the donors expected the Winklers to use the check along with a vehicle trade-in and or down payment to purchase the van.

However, the Winklers worked out an alternate plan.

The cost of the van was $35,627.16, and the difference of the sale price was taken from the Huntingdon fund, according to Dan Winkler's testimony.

Turner asked Dan Winkler why the van had not been turned over to help Mary Winkler so that she could have reliable transportation for her children.

"You've demanded that we turn it over, but we haven't," Dan Winkler said.

After his son's death, Dan Winkler received a $10,000 gift from a donor.

Dan Winkler said he used the money to pay for his son's grave and his floral arrangement.

Turner questioned why the money was used for funeral expenses if it could have been intended for the benefit of the children.

"The check did not have funeral expenses on it. The elder handed it to me and said, we thought you might need some money, end of story," Dan Winkler said.

Gregory Smith, Dan Winkler's attorney, said in court Monday that he had 239 sworn affidavits from donors to the Huntingdon fund that they intended to give to help the Winkler family.

But Turner said the affidavits are not a true summary of the donations.

"They subjectively placed money in different categories," Turner said.

"We've said before that court should not be guided by the memo line on the checks to determine the intent of the donor," Smith said.

Chancellor Ron Harmon said the affidavits would be allowed in court.

"This is a bench trial, which I know is a catch-all for everything. I'm not going to disguise my concern as it relates to them (the affidavits)," Harmon said.