Turner Takes ?the Fifth? Even Regarding His Name

When James Turner was deposed by Van Kleef, the Bank of Dardanelle’s attorney, he repeatedly cited his Fifth Amendment right to avoid self-incrimination. In fact, he cited the Fifth on every single question, including his name and address.

For an hour, Turner gave the same response: “Upon advice of counsel, I respectfully decline to respond based upon the Fifth Amendment to the United States Constitution and the Arkansas Constitution Article 2 Section 8.”

Van Kleef has asked for sanctions against Turner for refusing to answer questions and against Carolyn Turner, who failed to show up for two scheduled depositions.

Van Kleef also wants sanctions against Eric Turner, who was given notice of his deposition on Oct. 26. Eric Turner filed a protective motion but failed to seek or obtain a ruling, Van Kleef said.

Since James Turner defaulted on the promissory notes, the bank said it was entitled to immediate possession of the 36 vehicles he sold in recent months.

Nanthalansy and other customers have filed counterclaims against the bank and Turner, claiming that they bought the cars legitimately and shouldn’t be punished for Turner’s financial problems. The customers also said they didn’t know the bank had a lien against the vehicles.