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BURLINGTON COUNTY, N.J. (CBS) – A judge has ordered a South Jersey couple, who raised $400,000 for a homeless man through a GoFundMe, to answer questions under oath after the man’s lawyer said the account had been emptied.

The couple, Kate McClure and her boyfriend, Mark D’Amico, were ordered to turn over the funds to Johnny Bobbitt last week, but it never happened.

In a hearing Wednesday morning, Judge Paula Dow, a former New Jersey attorney general, granted Bobbitt’s attorneys’ request for McClure and D’Amico to answer questions under oath about the money and supply financial records. However, their attorney said they plan to invoke their 5th Amendment rights against incriminating themselves.

Dow clearly was not pleased that the couple’s attorney said in court last week there was about $150,000 left from the GoFundMe fundraiser, and then to hear there is now no money.

 

Bobbitt’s attorney doesn’t think the couple is being honest that the money is all gone and urged the court to force them to open up their finances, which they are supposed to by this Friday.

“Quite frankly, counsel representing that the money is all gone, I’m not sure that I accept that it’s all gone,” said Bobbitt’s attorney, Chris Fallon.

There was quite a bit of drama in the courtroom when the defense tried to have what appeared to be law enforcement officials removed from the courtroom. Judge Dow accused the lawyer of grandstanding.