By MONROE ROARK
Staff Writer

A renowned local pastor was found in contempt of court Tuesday morning after his latest refusal to appear for a deposition in the Evander Holyfield divorce case.

Superior Court Judge Ben Miller made the ruling at approximately 10:55 Tuesday morning, 25 minutes after the Rev. Creflo Dollar had been ordered to appear. Miller ordered Dollar's incarceration in the Fayette County Jail until he answered all relevant questions not covered under pastor-parishioner privilege.

Lecora Bowen, Dollar's attorney, immediately appealed the decision, and Miller granted her request to have the matter turned over to the Court of Appeals.

John Mayoue, Janice Holyfield's attorney, told reporters after the hearing that having the issue handled on the appellate level could delay the start of the divorce trial, which Miller set last week for April 3. “We're distressed,” he said of the recent developments.

Mayoue said that it is difficult to tell how long the process could take, depending upon whether the appeal is properly filed.

Janice Holyfield did not comment on the case. Evander Holyfield, the former world heavyweight champion, was not present at the hearing.

Both Holyfield and his estranged wife live in separate houses on the walled and gated Holyfield compound in north Fayette, off Ga. Highway 279, fronting a stretch of highway named for the millionaire boxer. Holyfield's mansion is the largest in the county, and he is one of the top 25 property taxpayers in Fayette, according to county tax records.

The deposition was requested by Mayoue, who has alleged that Evander Holyfield gave several million dollars to Dollar in the weeks leading up to his filing for divorce.

Dollar is pastor of World Changers International, a College Park-based ministry that claims some 20,000 members. Dollar is a frequent speaker on television and around the country. He appears weekday mornings on Trinity Broadcast Network's cable channel in Peachtree City and Tyrone.

Both Holyfields have attended the church, and Bowen said at an earlier hearing that the pastor has counseled both of them and should not be required to testify.

Mayoue told the court that Dollar has failed to appear at least three different times. Depositions are customarily heard in attorneys' offices, but Miller ordered this appearance in Superior Court because of Dollar's frequent absences.

Miller inquired as to legal fees incurred for Mayoue's time and the various delays, but Mayoue had no specific dollar figures to cite so Miller did not rule pertaining to Dollar picking up any legal fees.

Bowen began the proceedings Tuesday morning by filing a second request to have Miller disqualify himself from the case, citing her belief that he has demonstrated a prejudice against Dollar.

She specifically mentioned a Dec. 1 hearing that she said was held without her presence, at which “ex parte communication” and “damaging statements” were made by Mayoue.

Bowen also charged that at last Thursday's hearing, in which Miller ordered Dollar to show up Tuesday or face a contempt charge, that the judge made statements that demonstrated his own bias toward her client.

According to Bowen's statement, reading from a transcript, Miller said last Thursday that Dollar “placed himself above the lawful processes and lawful orders of this court” and added that he “cannot allow Pastor Dollar or any other citizen to be above the law.”

Bowen said that Mayoue has shown no credible evidence in connection with the claims he has made concerning financial misconduct, but more importantly, Dollar cannot be compelled to give up his religious and constitutional rights.

“I wish I could show you the checks,” she said. “Then the court would see that it's been misled. But we can't do that.”

Bowen claimed that an appeal she had already filed should be heard at the appellate level before any further progress is made in Miller's court, and that Miller superceded the appellate process to compel Dollar to attend.

“I don't believe for a moment that you believe that is the law of this state,” Miller replied when Bowen was finished.

Miller ruled that Bowen's request to have him recused was not filed in a timely manner, and if the facts were true, they still did not constitute a sufficient reason for him to withdraw.

Bowen said that her motion was within the five-day time period specified by law, since it cited Miller's comment at the Dec. 16 hearing, although she added that it was motivated by “cumulative” conduct.