South Carolina Criminal Lawyer Blog

A Green Sea resident has been charged with rape according to the Sun News. The man is charged with kidnapping and then sexually assaulting a local resort house keeper. The early information is that the alleged victim received a ride from the defendant and later exited the car. The victim was then take by knife to a location where she was sexually assaulted. As yet the defendant does not have an attorney. The defendant's bond is set at $100,000.00. This bond was set by the local magistrate. If he makes bond the defendant will also be supervised by an ankle monitor.

Kidnapping and sexual assault charges do not carry a bond in many States. In Florida, there is no bond and these considered capital crimes depending on the age of the victim. South Carolina criminal defense attorneys are able to request and many times receive bonds for serious offenses before magistrates and Circuit Judges.

In this case, DNA evidence will be critical to the prosecution and the defense. Any DNA evidence combined with any signs of a struggle will form the basis for any good defense or any good prosecution of this case. The Prosecutor does not want this to be a "He Said, She Said," type prosecution. There should always be physical evidence to support any type of sexual assault case.

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Posted by Russell Mace | Permalink | Email This Post

Posted In: Sex Crimes

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A recent report in Charleston, SC states that a pageant official for Miss South Carolina has been arrested for the sexual assault of a nine year old girl. According to a police report in Easley, Joseph "joey" Pettigrew Sanders IV allegedly sexually assaulted the child at a Comfort inn in 2005.

When charged with a sex crime, including sexual assault, rape or child pornography, it is important to review all the evidence and any witness statements. These cases often go to trial, so it is important to throughly prepare the case for court.

South Carolina is one of 7 states that does not allow child hearsay testimony. Many states have an exception for the hearsay rule for minors based on the notion that children are less likely to lie than adults. Even though South Carolina does not provide for this exception, legislation was recently passed relaxing the ban to child hearsay and may be completely removed by 2009.

Sawyer's attorney has stated that his client will be exonerated of the charges, so this case is most likely headed for court. His defense attorney will review the evidence to determine what parts are circumstantial and whether the solicitor's office has any solid evidence.

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Posted by Russell Mace | Permalink | Email This Post

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In the latest super star criminal trial, R. Kelly, has been found not guilty. This is a very large upset for the prosecutors on this case. This was great work on behalf of the defense lawyers involved in the case. Mr. Kelly was charged with violation of child pornography laws. With no witness to come forward and testify that he had sex with a minor except a woman who was apparently part of threesome with Kelly, there was little the prosecutor could do with a rape charge. However, with the child pornography charge, it is typical that the victim does not testify. Many times the victim is not even in this country. The United States and several other countries keep a database of minors that are used in child pornography rings. This database allows them to determine the approximate age of the children in the video or photographs.

The criminal defense attorneys in this case were very smart in their theory of defense and their trial strategy. They were also very lucky in having a judge that allowed the case to go on for so many years. Most judges would not have allowed this case to be continued for over 2 years. There may be issues that I am unaware of, but a case pending for over 4 years is very rare.

The Feds may come knocking. Mr. Kelly should be very careful with his new freedom. He is still exposed to Federal child pornography laws. The United States Attorney can also prosecute him for possession and production of child pornography. The penalties in the federal system provide for much more severe sanctions than in the state systems. Good defenses to this are hard to find. Many times the possession of child pornographic material on a computer is enough to open up a client to substantial prison time. Detroit's United States Attorney office has a division dedicated to child pornography and travel to engage in illicit sexual acts with minors. This division has several sting operations on the internet and over the phone that are used to get defendant's to travel across state lines in order to have sex with minors and trade child pornography on the internet. As a criminal defense lawyer on these cases, the primary defenses are entrapment, lack of knowlege and no specific intent. Defending clients in South Carolina, Florida and Michigan in the past several years has provided some good results for our clients.

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Posted by Russell Mace | Permalink | Email This Post

Posted In: Sex Crimes

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