Can Robert Doggart afford next legal battle? That question at center of appeal

Former Tennessee Valley Authority engineer Robert Doggart is escorted from the Joel W. Solomon Federal Building in Chattanooga after his four count conviction of planning an attack on a Muslim community.
Former Tennessee Valley Authority engineer Robert Doggart is escorted from the Joel W. Solomon Federal Building in Chattanooga after his four count conviction of planning an attack on a Muslim community.

Robert Doggart, the Tennessee man sentenced to 20 years in prison for soliciting people to attack a Muslim community, is confident he can successfully appeal a judicial decision he believes is rigged.

But the Sequatchie County, Tenn., man must provide a clearer picture of his finances so court officials can determine whether he can afford his next legal battle, a federal magistrate judge said Thursday.

"I don't think I have the financial information I need to make a finding that he's indigent," U.S. District Magistrate Judge Susan K. Lee said Thursday. "There's a difference in being able to pay up front and being able to pay."

Doggart, who has until July 28 to file an appeal, was convicted in February of soliciting people to join his assault on Islamberg, a Muslim community near Hancock, N.Y., that he falsely believed was a terrorist training camp. In mid-June, U.S. District Judge Curtis Collier sentenced Doggart to the maximum 20 years in federal custody for the charges he faced.

A week later, his three attorneys asked to withdraw from the case, concerned that Doggart, 65, would be unable to afford them for an appeal.

"He had retained counsel during the trial and sentencing but, given the complexity of the appeal issues, the cost of obtaining retained counsel, the depletion of his assets as a result of the costs of his defense, and his incarceration and resulting unemployment, Mr. Doggart has concluded he is unable to afford the cost of retaining counsel for his appeal," lead attorney Garth Best wrote in a June 21 motion.

That development, however, meant Lee must determine whether Doggart is indigent, or unable to afford legal services. An appeal could cost up to $20,000 between transcripts, filing fees and attorney's fees, and traveling expenses. Plus, while he's paid most of his current legal fees, Doggart still owes some money to his attorneys, according to Thursday's hearing.

As Lee noted, the former Tennessee Valley Authority engineer is a unique defendant because he has a number of assets. She said Doggart draws a monthly pension of about $2,000 from his former employer. Until he was taken into custody, he received some Social Security benefits. He just sold a rental property. And his attorneys are still trying to figure out whether his house on Signal Mountain in Sequatchie County has appreciated in value since Doggart purchased it.

Lee asked Doggart, his attorneys and his family members to return to court on Thursday at 2 p.m. with more updated information. From there, she can decide whether Doggart can afford attorneys for an appeal, which attorney will do it, and whether he has to make a payment plan.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.

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