Ex-con Kristian D. Nelson of England has already suffered a major legal blow before a civil trial for fraud starts Tuesday.
Pulaski County Circuit Judge Wendell Griffen recently ruled that Nelson can’t call any witnesses to testify unless they are on the plaintiff’s witness list. And he can’t introduce any evidence at the trial unless the exhibit is listed on the plaintiff’s exhibit list. But Nelson can be called to testify, because he is on the plaintiff’s witness list.
If you recall, back in July 2020, Richard F. Toll of Little Rock, who is in his 90s, accused Nelson in a lawsuit of defrauding him of $4.5 million in less than three years. Nelson denied the allegation.
Nelson said he needed money for a Little Rock restaurant, Hawgz Blues Café LLC, a second Hawgz site in North Little Rock and a used car outlet, I Sell 4 U Auto Sales LLC of North Little Rock, that Nelson formed in 2018. Hawgz Blues and I Sell 4 U are also named as defendants.
But Nelson hasn’t met discovery deadlines in the case, according to a motion filed by Toll’s attorney, David D. Wilson of Friday Eldredge & Clark of Little Rock.
“Obtaining basic discovery from the Defendants has been difficult throughout this case,” Wilson wrote. “As the Defendants are aware, nothing could be more prejudicial to Mr. Toll than for them to ignore discovery requests for the most basic trial information for a year and a half and wait until after the Court-ordered discovery period has passed to respond.”
Wilson requested that Nelson be barred from calling witnesses to testify and from introducing exhibits at trial.
The judge agreed.
Nelson’s latest attorney in the case, Malcolm Simmons of Little Rock, didn’t return a call for comment.
In 2009, Nelson was sentenced to 71 months in federal prison for wire fraud after taking about 20 investors for more than $1 million.