Federal Magistrate Judge Bill Carter has temporarily ruled Donald Fillers a "pauper" and appointed him an attorney at government expense, but he said there still will be an evidentiary hearing to look into allegations that he transferred 40 pieces of property to his wife in 2010 while his asbestos case was pending.
He named attorney Kyle Headrick to represent him on appeal and relieved attorney Leslie Cory of duty. She is still owed $31,000 by Fillers, according to a court document.
Friday was the final day for Fillers to appeal, and it was filed at the last minute by order of Magistrate Judge Carter.
The hearing was set for Nov. 13 - three days before the 64-year-old Fillers is set to go to federal prison for four years.
He was convicted along with two other men of not properly disposing of asbestos during the demolition of the former Standard Coosa Thatcher plant in Ridgedale.
Fillers, who lives in a house on Crest Road on Missionary Ridge, remains free on bond.
Magistrate Judge Carter said if it is found that Fillers does have money or resources that he will have to pay some or all of the $125-per-hour expenses of attorney Headrick. He also would have to cover the $455 cost of filing the appeal.
On the issue of the property, he said he wanted full details on the transactions, including the value of the land and how much it was sold for on each tract.
He said, "I don't think a person should be allowed to make himself indigent."