Thursday's Internet Edition, September 02, 2010.

Harold Jay Fellenstein, 64, and his wife, Wilma Lee Fellenstein, 59, were indicted in September 2008 on two counts each of 1st degree arson, conspiracy and attempting to burn insured property for a fire that destroyed the couple’s home and garage at Clover.

Tuesday in Roane Circuit Court, special prosecutor Dan Dotson, an assistant prosecutor in Jackson County, asked Judge Tom Evans to dismiss the case because of a lack of evidence.

Wilma Fellenstein’s nephew, Ryan Lambert, had previously pled guilty to similar charges and is awaiting sentencing.

Dotson cited inconsistencies in Lambert’s statements and the recent discovery of a box of photos taken inside the home after the fire. Several items Lambert said had been removed from the home prior to the fire were visible in the photos. Dotson said the photos had been misplaced in the Jackson prosecutor’s office.

John Oshoway, attorney for the Fellensteins, said the couple had removed only some personal items before leaving for a camping trip in Ohio before the fire. He said the camping trip was something they had done on a routine basis.

In agreeing to dismiss the case, Evans said it was his experience that such cases are weak when relying on the uncorroborated testimony of an accomplice and questioned why the indictment had been made in the first place.

“I have no idea why there was an indictment,” Dotson said, noting that the charges were brought when Mark Sergent was Roane’s prosecuting attorney.

“We kept saying we were innocent,” Wilma Fellenstein said. “We prayed. And today the public finally knows.”

In an unrelated case, a Newton woman pled no contest to a single count of domestic battery after reaching a plea agreement. Her co-defendant, however, faces arrest after failing to appear before the judge.

Anita Greathouse, 32, of Big Sandy Road, Newton was charged with three counts each of child abuse resulting in injury and domestic battery alleging she and her boyfriend, James William Drake, 38, physically abused her three children, ages 6, 8 and 12 years, last December. As a result of the plea agreement, she will return to court in October for a pre-sentence hearing. She faces maximum sentences of one year in prison and a $500 fine.

Drake did not appear to face similar charges. Evans granted prosecuting attorney Josh Downey’s request for a bench warrant for Drake’s arrest, after which he will be held without bond until a future court date.

Also Tuesday, a Clay County man charged with the theft of heavy equipment was not present in court.

Tommy Young Jr., 23. Of Oilfield Road, Ovapa was indicted in May 2009 for stealing a dump truck and trailer in Spencer and a bulldozer in the Grannies Creek area of Newton. He and his father, Tommy Young Sr., were convicted on related charges in federal court in February of this year.

Young’s attorney, Kennad Skeen II, said he had not been able to determine Young’s whereabouts because his client had been moved to several different correctional facilities. Evans continued the case until Friday at 9 a.m.

In another case, Nathan Haverty, 30, of Spencer accepted an agreement and pled guilty to delivery of marijuana. He had been indicted for delivery of marijuana as well as possession with intent to deliver marijuana following his arrest in April 2008.

When sentenced, Haverty will face 1-to-5 years in prison and a maximum fine of $15,000.

David Hedges contributed to this story.