Judge throws out Scott DUI caseBy Dave Munday (Contact)
The Post and Courier
Thursday, May 29, 2008
SUMMERVILLE — A judge threw out state Sen. Randy Scott’s DUI case after disqualifying the arrest video Thursday. Dorchester County sheriff’s deputies stopped Scott April 19 and charged him with driving under the influence. A deputy recorded the arrest, as required by state law. Responding to pre-trial motions, Magistrate Phillip Newsome of Columbia said there was about a minute of audio missing from the video, with no explanation of how it happened. Without an affidavit explaining the gap, Newsome said he could not proceed with the trial. “I am dismissing the case,” Newsome said. “I don’t have a choice. It may be picky. It may be trivial. But that’s the law.” Scott maintained that the arrest was set up to hurt his chances for re-election. He faces former state Sen. Mike Rose in the June 10 primary. Ninth Circuit Deputy Solicitor Barry Barnette of Spartanburg, who was prosecuting the case, said he would file a motion to reconsider, which could lead to an appeal. He said he didn’t see any missing audio in the video, just Scott leaning over into his glove compartment for a while. “I think this case needed to be decided by a jury,” Barnette said. “This is a perfect example of the problem with our DUI law. This is frustrating for law enforcement throughout South Carolina.” Dorchester County Sheriff Ray Nash said he was disappointed that his deputies didn’t get a chance to prove they did nothing wrong. “There was absolutely no political motivation,” Nash said. “We’re sorry to see the system operate like this. I wish there was an opportunity to refute these unfounded statements.” Scott was questioned because he was driving erratically and then failed field-sobriety tests, Sgt. Randy Botten, the arresting officer, testified during pre-trial motions Thursday. Scott’s lawyers disputed both allegations. Scott was arrested after pulling out of a shopping center about 11 p.m. He was out checking signs at night because they were being vandalized, lead attorney Reese Joye of North Charleston told the judge. After the dismissal, Scott said he was happy to get out campaigning again. He also apologized for profanity he used when he was arrested, which became public when the incident report and a phone call recorded at the jail were posted on several Web sites. Scott said he was frustrated because he knew he was innocent. “I knew I wasn’t intoxicated that night,” Scott said. “When they finally arrested me, it just made me mad.” Reach Dave Munday at 745-5862 or dmunday@post andcourier.com. |
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Comments
This article has 36 comment(s)
Posted by really234 on May 29, 2008 at 2:49 p.m. (Suggest removal)
Technicality? I hear from those in court in was more like serious wrong doing by the Sheriff's dept....Tapes that don't match up- Wrong officer doing the arresting...and 1 minute not accounted for??/ what is up with that??
Posted by BillMan on May 29, 2008 at 2:53 p.m. (Suggest removal)
Wow! Like that is a surprise! If you watched the videos you would see why the judge dismissed it, very sloppy work by the deputies, I think Dorchester is in need of a new sheriff!
Posted by eyeinthesky on May 29, 2008 at 2:55 p.m. (Suggest removal)
It was not a Technicality... wait til the real story breaks!!!!
Posted by eyeinthesky on May 29, 2008 at 2:58 p.m. (Suggest removal)
Too many people can not keep wrong doing under wraps... edited tapes!!!! No cameras that turned out to really be grainy cameras!!! WOW~~~~
but this was never about DUI..
it was about nash embarrassing the Senator and he was sucessful in doing that!
Some may come back to bite him and his hand picked sucessor
Posted by Fodder on May 29, 2008 at 3:03 p.m. (Suggest removal)
Just another black eye for the Dorchester County Police thanks to Ray Nash and his incompetence to properly run his department.
Glad to hear the Scott case was dismissed - back to the campaign trail Randy!
Posted by SimplySouthern on May 29, 2008 at 3:03 p.m. (Suggest removal)
I guess the definition of "technicality" is.. if you are a public figure, do whatever the hell you want and face no consequences
Posted by eyeinthesky on May 29, 2008 at 3:31 p.m. (Suggest removal)
There were a myriad of other reasons... The tape WAS edited... It has been watched many times and they would have known it was missing...
What was said was obviously worse for the Sherriff than taking the chance to EDIT the tape!
At least all the phone records are in the Scott camp now.. so we will be hearing much more on this I am sure!
Posted by Charles_Town on May 29, 2008 at 3:33 p.m. (Suggest removal)
LOL
Posted by CedarPosts on May 29, 2008 at 3:44 p.m. (Suggest removal)
Wow! What is going on with our solicitors? Do these people have any training? I thought Scarlett Wilson was bad this is no better!
The Blair Jennings - Scarlett Wilson poll shows a dead heat.
www.cedarposts.blogspot.com
Posted by ForPnC on May 29, 2008 at 3:48 p.m. (Suggest removal)
Win or lose - I wasn't voting for him anyway.
Posted by geekguy2008 on May 29, 2008 at 3:49 p.m. (Suggest removal)
Ooooohhh, I can't wait to hear what was said on that tape that got edited out!
Posted by SCgal on May 29, 2008 at 3:55 p.m. (Suggest removal)
Where's the justice?
http://www.thepetitionsite.com/1/seans-b...
Posted by lowcountrylover on May 29, 2008 at 3:57 p.m. (Suggest removal)
BOTTOM LINE IS DORCHESTER COUNTY SHERIFFS DEPARTMENT EDITED THE TAPE. THAT WOULD BE TAMPERING WITH EVIDENCE IN MY BOOK. NASH NEED TO TAKE RESPONSIBILITY FOR THIS. AND HEY MIKE ROSE, IT DIDN'T WORK. HA HA HA. GUESS YOU HAVE TO TRY SOME OTHER WAY
TO WIN.
Posted by really234 on May 29, 2008 at 4:06 p.m. (Suggest removal)
SimplySouthern-
Don't be so simple minded. He didn't get away with anything. Duke LaCrosse ring a bell? I am sure that ALL of the evidence Reese Joye had that PROVED his innocence will come to light and the people with thoughts like yours will have to just sit back and be quiet.
Posted by boplaw on May 29, 2008 at 4:35 p.m. (Suggest removal)
The jury was sworn. The state cannot appeal.
BTW, Spartanburg is not in the 9th Judicial Circuit.
Posted by tygers1231 on May 29, 2008 at 4:36 p.m. (Suggest removal)
Another example of politicians that are above the LAW!!! Let some Joe Blow Blue Collared worker get stopped for DUI and he will lose his job and have a scarred driving record for life, car insurance he can't afford, hell, I could go on and on about this. Look at Thomas Ravanel, he got a light sentence and was able to report months after his sentencing, and we ALL know that he will not be in the same living arrangements that every other criminal has. What's next.... I don't understand why the same people that make these laws are not held accountable to them. I am so sick of all this. I served my country along with many other people to protect OUR freedoms for them to only be taken away by these law BREAKING Politicians!!!!!
Posted by really234 on May 29, 2008 at 4:47 p.m. (Suggest removal)
Thomas Ravenel got a sentence that he wouldn't have received...yes, it was more harsh...he would have gotten a slap on the wrist if he was "joe blow". As for a normal DUI, you would have been let go at the datamaster test....Or not arrested because he WAS NOT DRUNK! The evidence tampering and facts that will come out will clearly show this. I think all drunk drivers should rot in jail, but I also think that he wasn't drunk and tried to prove it that night by asking for blood tests and asking for an additional independent party do the datamaster test.
Posted by summerville_guy on May 29, 2008 at 4:55 p.m. (Suggest removal)
I agree with Charles_Town:
LOL
Posted by eyeinthesky on May 29, 2008 at 5:43 p.m. (Suggest removal)
The LAW has spoken and the PEOPLE will speak and send Randy Scott back to Columbia as the Senator from District 38.
ray nash will fade into a bad memory and rose will remain the same old ex-senator that he is now.
Posted by CaptPete on May 29, 2008 at 6:18 p.m. (Suggest removal)
If the missing audio had been presented some names would have been heard that said they knew nothing about the case. Botten and Freshmen need to be dismissed today. They new all along this was wrong and went along with it hoping to be promoted.
Posted by eyeinthesky on May 29, 2008 at 6:27 p.m. (Suggest removal)
It will all come out Pete. I hope they get off light, they know how it is to cross nash and took the path they thought best for their careers (ask chrispia how it is to cross Darth Nash)!!!! Well easy on Freshman anyway... Botten looked like a Buffoon on the Video!
Posted by kayaker on May 29, 2008 at 7:19 p.m. (Suggest removal)
The Good Ole Boy network strikes again.
The same network that kept Chief Rusty in charge of the Fire Department.
Posted by eyeinthesky on May 29, 2008 at 7:37 p.m. (Suggest removal)
Kayaker... that is soooo old! come up with some new material.
Posted by PalmettoHawk on May 29, 2008 at 7:42 p.m. (Suggest removal)
Ticket him for littering, while I was watching the video he threw a cigarette butt into the shoulder, what sort of fine is that $500? THAT is NOT missing from the tape.
Posted by twocents on May 29, 2008 at 7:46 p.m. (Suggest removal)
I wonder how much that pay off cost Scott. Now he drink and zoom around on his Segway. Dorchester County will really find out how the good ol boy network works when Scott and Knight are elected. It won't be wether you did the crime, need a favor, etc. it will be who you know, that will get it for you. Sheriff deputies have you got your resumes up to date?
Posted by LogicoverEmotion on May 29, 2008 at 8:36 p.m. (Suggest removal)
To all of you that think today's events were fabulous I laugh. If you think that what happened today is justice then you need to take a good hard look at your standards. What gives a judge the right to take away the right of a jury to decide on a case? A jury was selected to hear this case - the judge was there to keep order in the courtroom and decide on motions and arguments from the attorneys. He took away the publics right to hear the case, the right of the case to be presented to the jury, and the jury's right to make a decision. A judge appointed by a senator who is afraid of losing his job by presiding over a case where another senator has been arrested. MADD where do I even start with this pathetic group. How about we start with where their funding comes from, aside from private donations they also get funding from the government. Ah, now the lights are beginning to come on. When it is a DUI case that involves standing up against a person who can alter or potentially have your funds cut you have no backbone. Funny how that works. Very selective indeed. Defense this is self explanatory. Joye - my client had nothing to drink - oops my client did have something to drink. Video of the stop, Scott's audio tapes of a pleasant conversation which was so serene it should be from the podium in church. Oh golly gee, they shouldn't have released those phone calls, I knew they were being recorded but I have rights. Robbins - laughable at best. A three ring circus in the media and in the courtroom. Prosecution I applaud you all for doing your jobs. My tax dollars go toward paying your salaries and it is nice to see that they are applied for actual work. There aren't too many individuals that would dare to stop a senator and actually go through with an arrest for DUI. I don't care what department an officer works for, this takes a lot of kahona's. Amanda Scott a total saint, I don't think anyone would dispute this fact. How she maintained control is beyond me I applaud her for her decorum. The Oscar - goes to Randy Scott. Very impressive performance indeed. Lets see, on the night of your arrest...well my goodness!!! You were wobbly, you couldn't stand, you had to lean on the vehicle and why?? Well, it is because you have a prosthetic leg. And yet - you were able to skip bop right off the curb yesterday without a bobble. Funny thing is, I've seen you walk around for years without the slightest imperfection, in fact I didn't even know you had a prosthetic leg! Consummate actor. I wasn't there the night the arrest was made, was it perfect - no, nothing is. Well, except the magical healing of Mr. Scott's leg that allowed him to hop yesterday when before he couldn't hardly stand. And, by the way, your favorite quote - too bad your recent photo isn't on your campaign signs, you know the one - it's been in all the papers. You got my vote last time, it will be a cold day in hell before that ever happens again.
Posted by Mon_Kie on May 29, 2008 at 8:37 p.m. (Suggest removal)
Please...first, the Deputy couldn't even read (not didn't...couldn't) Scott his rights.
Obviously a product of Dorchester County Schools...can't read fer crissakes...a grown-up...white grown-up!
What's the deal there?
Second, I could hear Scott asking to talk to a lawyer,
and that request was not honored.
There went the case, we didn't even know about the missing minutes in the tape, and old Watergate trick.
The video we were privy to was enough to convince me the case was BLOWN!
Now, about Scott, it became obvious that he is a bung hole
so I think his behavior on the tapes will impact his chances for re-election.
I could be wrong, Bush won a second term even after it was obvious that he was an idiot.
No one has ever made a serious error by underestimating the intelligence of the American public.
Posted by Pols101 on May 29, 2008 at 8:43 p.m. (Suggest removal)
It is a sorry case. Mr. Solicitor let it go!
Posted by LogicoverEmotion on May 29, 2008 at 8:47 p.m. (Suggest removal)
Uh - try citizen not solicitor.
Posted by eyeinthesky on May 29, 2008 at 8:50 p.m. (Suggest removal)
Hey Logic... I love Reruns! you need to get a life!
Posted by LogicoverEmotion on May 29, 2008 at 8:55 p.m. (Suggest removal)
And you and ChrisPia need to go to lunch again, do your research and post crap all day long. Take off your rose colored glasses and see the big picture. Do you really think that judicial process was served? Mistrial at best, dismissal political fodder.
Posted by eyeinthesky on May 29, 2008 at 9:27 p.m. (Suggest removal)
yes justice was served! Mistrials are not granted for TAINTED Evidence!
Posted by LogicoverEmotion on May 29, 2008 at 9:46 p.m. (Suggest removal)
Show me the PROOF that the evidence was tainted. Were you there when the evidence was "tainted" or are you simply going off of what the judge, defense attorneys and always accurate reporting media are saying? You clearly don't like the sheriff which is fine by me, I could care less about who you like or who you don't like. What I DO care about is the fact that judicial process was made a mockery of. If you think that had you been in the same shoes that Randy Scott was that you would have benefited from such a judicial blunder - you would be highly mistaken. It is quite obvious that Randy Scott threw his "power" around by actually getting a trial as quickly as he did - GIVE ME A BREAK - do you have any IDEA how long it takes a case to go to trial when a plain old citizen is involved? Do you think the media would have given two cents about whether you were or were not in jail? Do you think that laws were made to be broken - especially if you are a person in a powerful position? I'm waiting.
Posted by eyeinthesky on May 29, 2008 at 10:07 p.m. (Suggest removal)
Huh... You or I would have never been stopped in the first place. Sherrif's tapes showed they were following him on at least three other occasions. But they never had cause to stop him. Thankfully the law requires the Visual Evidence now, to stop Good Ol Boy Sherrifs like Nash for INVENTING evidence! With the election looming, they were running out of time. Somebody said the Senator had some wine at a church auction and then they were on him. Unfortunately for them it took forever (over 45 minutes) for him to do anything... so little they had to call 19 times before they decided to arrest him! By the time they got him to the station and to the breathalyzer, those two small cups of wine (followed by iced tea and food) were completely out of his system and that is why he blew a .000.
Sorry, but those are FACTS!
Posted by bvfd271 on May 29, 2008 at 10:24 p.m. (Suggest removal)
That goes to prove that State Senators are above the law.I also wonder how much it cost the Senator to get out of it.A perfect example of Good Ole Boy SC Politics and those who are elcted to represent us at work.Okay voters,time to send the Bozo,er Senator back for another term.
Posted by ginj on May 30, 2008 at 12:01 a.m. (Suggest removal)
I read people talking about Randy Scott's abuse of power because he is a state Senator. I have to laugh. I don't know of any politician at any level who doesn't use his/her power to benefit them self. Does anyone remember how a certain Congressman got out of having to pay a fine for letting a fire get out of control in the Francis Marion Forest? How many of us Joe Blow citizens would have gotten away with that?
Since the trial Judge threw out the case due to the bad evidence, many people feel it's a buy off. The blame for the evidence should be placed upon those who brought it forward. Bringing the case to the jury would have been more definitive, but there are some people who would not have ever been happy with a jury'd decision, either way.