Lawsuit questions still linger
FOIA expert: Suit, now dropped, not legally executed by Dist. 50
December 20, 2006
By
BOBBY HARRELL
Index-Journal staff writer
Greenwood School District 50 might have settled the lawsuit
against it, with both parties agreeing to drop their suits, but
that doesn’t mean everything’s OK with the district’s
process of getting an installment bond purchase plan in place.
Jay Bender, noted Freedom of Information Act expert and attorney
for the South Carolina Press Association, thinks the district
essentially forced a private citizen to drop his suit out of
fear, and Bender still contends the countersuit against Greenwood
resident Henry Johnson was not legally executed because it wasn’t
voted on in public.
Henry Johnson, along with the South Carolina Public Interest
Foundation, filed a lawsuit Nov. 3 against District 50, its bond
plan, superintendent Darrell Johnson, and former chairwoman Dru
James.
Childs & Halligan countersued Dec. 4, seeking $50 million in
damages, an amount the firm claimed would it cost the district if
its bond plan were delayed. The countersuit was filed without the
knowledge or express consent of the entire school board.
The law firm announced Monday that attorneys settled the lawsuits’
claims and counterclaims, which were made without a public vote
by the entire school board — a move several attorneys say
appears to be illegal.
Bender said it seems the district got what it wanted: making a
private resident give up his right to question the legality of a
public body’s actions through intimidation tactics.
On Monday, Henry Johnson told The Index-Journal that the
financial risk to himself and his family was among the reasons he
agreed to drop his lawsuit. Johnson said the foundation covered
his legal fees, so he didn’t need any of the money District
50 is giving to the foundation to cover its fees.
Jim Carpenter, Johnson’s attorney in the lawsuit, said the
$10,000 payment was decided as part of a negotiated figure
between the attorneys.
William Halligan, an attorney for Childs & Halligan, defended
the countersuit at Monday night’s school board meeting,
saying attorneys weren’t legally required to have a public
meeting about the countersuit.
Under the rules of civil procedure, attorneys must file their
claims within a certain period or they waive the right, said
Allen Smith, Childs & Halligan attorney. The public didn’t
have to be informed because the counterclaim to the lawsuit was
part of the same lawsuit, he said.
Bender agreed that an attorney does have a specified amount of
time to file a reply or counterclaim to a lawsuit, but that doesn’t
mean that the client — a public body — isn’t
required to first hear and publicly vote on the content of that
suit. Bender said it’s “asinine” that a school
board, or any public body, would allow its attorneys to file
actions on its behalf without knowing about and approving it
first.
Bond attorney Bill Hirata didn’t want to comment Tuesday,
saying he was tired of negative stories about the district every
day and of having his words twisted. He would not elaborate on
how his words have been twisted, nor did he give specific
incidences. He also has not asked The Index-Journal for any
corrections or clarifications concerning any comments he’s
made.
Index-Journal files FOIA
The Index-Journal also filed a Freedom of Information Act request
Tuesday to review copies of any and all correspondence between
Childs & Halligan and Darrell Johnson and trustees as it
relates to Henry Johnson’s lawsuit.
“We believe the school district and trustees gave up all
rights to client-attorney privilege on matters pertaining to
Henry Johnson’s lawsuit when it made public one of its
attorney’s correspondence,” executive news editor
Richard Whiting said.
On Nov. 13, District 50 posted to its Web site an update from
Childs & Halligan about the lawsuit marked “Personal and
Confidential. Attorney-Client Privileged Communication.”
“Even before both parties decided to drop their lawsuits
Monday, the newspaper intended to review the correspondences
Childs & Halligan had with the district and board members,”
Whiting said.
“That the suits have been dropped is really irrelevant
because the information contained in those correspondences can
shed some light on how the lawsuit process unfolded, especially
leading up to the district’s decision to file a
counterclaim.”
Darrell Johnson said he received the FOIA request and would
“have a response within the required timeline.”
Resolution for nonprofit corporation
On Monday, the school board passed an amended resolution that
allows the district to use taxable bonds in the place of tax-free
bonds and enters District 50’s trustees into an agreement
with Greenwood Fifty School Facilities Inc., the nonprofit
corporation created to help the district pay for school
construction.
The nonprofit was created Dec. 14 and registered with the South
Carolina Secretary of State’s office on the same day.
Its registered agent was Gary Johnson, assistant superintendent
for business for District 50, according to the secretary of state’s
Web site.
Colleton County’s nonprofit corporation, SCAGO Educational
Facilities Corporation for Colleton School District, was
registered Nov. 21.
SCAGO, or the South Carolina Association of Governmental
Organizations, is an entity that creates smaller versions of its
corporation for each district it’s involved with, to sell
bonds and provide financing, Carpenter said. Colleton County’s
SCAGO has a three-member board.
A ‘Wii-eal’ victim
Man learns gaming can be hazardous to health
December 20, 2006
By
MIKE ROSIER
Index-Journal staff writer
At least he had bowled a strike.
The only problem for James Traynham was the fact his moment of
satisfaction was going to cost him.
But he wasn’t at the bowling alley. There was no smoke in
his eyes and he hadn’t had too much to drink.
James Traynham was at home.
He was bowling on his new Wii gaming station, a hot seller in the
gaming world for its new interactive platform.
Instead of kids remaining on the couch, Wii developers have
lauded the fact their station gets young people involved in the
action. Rather than pulling back on a joystick, players actually
perform the key motions in the games they play, whether that be a
punch or slash or swing.
Nintendo has not publicly addressed the thousands of injuries
that have been associated with the new system, though it has sent
out a mass e-mail.
There is only a small link on the right-hand side of the main
page for “health and safety precautions.”
The link does ask gamers to use a supplied strap that will keep
the Wiimote from flying in all directions.
How many kids or gamers actually use the restrictive gaming
“seat belt” is unclear. Obviously, there are not
enough.
But seeing how Traynham is “in the business” as a
gaming store employee himself, he knew better where the Wii was
concerned. He’d heard the stories.
Immediately upon its November release in the United States,
problems emerged. People were getting hurt.
Television monitors were being pulverized. Hanging lamps and
light fixtures were paying a heavy price for all the extra burned
calories. Apparently, kids couldn’t handle their Wii.
A parody Web site — www.wiihaveaproblem.com — quickly
surfaced, chronicling the more hilarious stories.
But Traynham isn’t laughing at them anymore.
Well, he actually is, now that the pain of his broken hand has
subsided somewhat. His fellow employees never stopped laughing
once they caught wind of the tale.
All it took was the sight of his left arm in a sling.
One look and that was it. They could connect the dots on their
own. But he’s taken the abuse well.
After breaking his hand on a table while bowling without the aid
of a ball, what else could he do?
“I thought I had plenty of room,” he’d say later.
It’s over now, though, and other than the good-natured
ribbing he still takes from his co-workers he’s fine.
The important thing is that James Traynham is a survivor.
He’s learned from his painful mistake, and he’ll be
passing the word along to his customers real soon: Be a player,
not a “Wii-ctim.”
Law & Order in Iraq
Sheriff’s office veteran returns from training Iraqi police
December 20, 2006
By
CHRIS TRAINOR
Index-Journal staff writer
It is a tough task for any veteran of law enforcement to train
new recruits to become skilled at keeping the peace.
Imagine how tough it is, then, to train someone who speaks a
different language, is adjusting to a new government, does not
have enough supplies and has absolutely no experience in police
work.
Those are the challenges Greenwood’s Tony Davis faced for
the last 19 months. Davis, who worked for the Greenwood Sheriff’s
Office for 30 years before his retirement in 2004, spent those
months in Iraq training the newly formed Iraqi police force.
Davis returned home last Thursday, and said there have definitely
been adjustments.
“One thing that I haven’t adjusted to yet is the time
difference,” said Davis, as he sat back and enjoyed an
ice-cold beverage on his front porch while the sun beamed down on
his face.
“Iraq is eight hours ahead. I’ve been waking up at 4
a.m. and I can’t get back to sleep. I know that will fade
away, though.”
Davis went to Iraq under contract with Dyncorp, a firm out of
Texas that helps train police and security forces all over the
globe. He said he initially applied with the company in December
2004. Once he was accepted into the program, he headed for Iraq
in the summer of 2005.
Dyncorp works in conjunction with the State Department to train
police in Iraq. Davis said he and the group he was with were
stationed on a coalition military base, Camp Echo, with soldiers
from countries such as Poland and El Salvador.
The base is 75 miles south of Baghdad.
“I didn’t know what to expect when we got there,”
Davis said. “The heat was obviously an issue. The first day
I was there was probably the hottest day I’ve ever
experienced.”
His task each day was to help oversee a group of Americans
working for Dyncorp in training native Iraqis in routine police
work. Davis said he was surprised at how much the trainees had to
learn.
“Before I got there, I had ideas that these would be people
who had been in law enforcement for years and would resist what
we were teaching,” he said. “That was not the case. We
had to teach them everything. I mean everything.”
Davis said practices the trainees had to be taught included
handcuffing suspects, questioning suspects, how to enter homes to
serve warrants and how to handle weapons.
Davis one thing that made training different departments within
Iraq tough was the lack of resources individual departments had.
He said it was not uncommon for an Iraqi police department to
have two police cars — only one of which worked — and
two CB radios.
He said it was tough for Dyncorp to be able to supply the Iraqis
with what they needed for training because the local governments
would hire too many people. Davis’ group was supposed to
train 4,019 officers, but more than 6,000 were hired.
“It’s just a different culture,” Davis said.
“A different judicial system, everything. There were too
many political hirings within the departments.”
Much time spent early on weeding out Iraqi officers who had
separate, militia-inspired agendas. He said it was not uncommon
for he and trainees to go investigate a crime, only to have
someone from within the department call ahead to alert militias
that the police were coming.
Throughout all the stressful time, Davis had one person he could
talk to more personally than others: his son, Jay.
Jay, 33, is also working for Dyncorp in Iraq. Tony Davis was his
supervisor for a time there. Tony said Jay, who also worked for
the Greenwood Sheriff’s Office for several years, will come
home for a while at Christmas before heading back to Iraq after
the new year.
Tony said he appreciated his son’s presence in Iraq.
“It gave me someone to talk to about home,” Tony said,
smiling. “I would be remiss if I didn’t say I was
concerned for his safety when he went out on assignment, though.”
Davis had a right to be concerned, as he described conditions on
the street to be very dangerous for Americans or those who
associate with Americans.
He said that he had six interpreters in 19 months. Two were
murdered, one’s father was murdered and three others quit.
Davis said he thinks progress was made during his time in Iraq,
though he thinks Iraqis are ready for the U.S. to withdraw forces
from their country. He added that many residents he met in Iraq
were extremely supportive for the initial work the U.S. did in
toppling Saddam Hussein, but many now say they wish the U.S.
would leave.
When asked if he would return for another term training officers,
Davis did not hesitate.
“Yes, I would,” Davis said. “I think it is a cause
that is worthwhile. We are losing many American lives over there,
and some do ask ‘For what reason?’ But I think if you
asked the majority of soldiers over there if they would go back,
they would tell you they would.”
Rubber match
Redemption key in Eagles-Vikings crosstown rivalry
December 20, 2006
By
RON COX
Index-Journal sports editor
Tonight’s crosstown rivalry match between the Greenwood and
Emerald high school boys and girls basketball teams offers a team
from each school a chance at redemption.
For the Emerald girls, the final regular season matchup, which is
set for a 6 p.m. tip-off, gives the Lady Vikings a chance to wipe
away years of suffering, while at 7:30, the Greenwood boys look
for a chance to avenge an earlier upset.
“It’s a real important game for us after losing to them
at Lander,” Eagles coach Hob Chandler said. “We’d
like to win both, but you definitely don’t want our rival to
sweep you.”
The Emerald boys erased a nine-point deficit to earn a 74-71
overtime win over Greenwood Dec. 8 after knocking down 10
3-pointers, half from small forward Ben McIntosh.
“He shot the ball really well against us,” Chandler
said. “They made some big plays and we didn’t. We had a
nine-point lead and they kept chipping at it.”
McIntosh finished with 18 points in the first meeting. Emerald’s
Kadarron Anderson, who leads the team in scoring with 17 points
per game average, paced the Vikings with 24 points, including
three 3s.
The Vikings, who enter on eight days of rest, know they won’t
be able to surprise Greenwood this go-around.
“After what we were able to do the first time, we can expect
to be the hunted this time,” Emerald coach Robin Scott said.
“It’s going to be a game of who stays up the most and
who controls the runs best.”
The Eagles continue to be led by senior Andre Day and the youth
movement. Freshman Demarcus Harrison and sophomore Sam Montgomery
join Day in averaging between 13 and 15 points a game for Hob’s
Eagles.
But another big factor Chandler hopes to see tonight is his team’s
home-court advantage. Last season, the Eagles’ “home
game” in this rivalry, as was the case for Emerald, was
played at Lander.
“I think it should help,” the coach said. “We
might have the same amount of fans there, but it’s going to
be louder.
It’s a big advantage for our guys.”
The Lady Vikings have found themselves working an unfortunate
routine against Greenwood in recent years. Emerald falls behind
big early, battles back but still loses.
The routine struck again in the first meeting.
The Lady Eagles went up by 19 in the first half, were outscored
22-8 in the fourth quarter but held on for a 52-42 win.
“We’ve been able to play with them in the fourth,”
Lady Vikings coach Anarie Duckett said. “But we dig
ourselves such a hole by the way we play in the first three
quarters that we can’t ever get out. We can’t make a
real game of it.
“Maybe we’ve put too much pressure on ourselves.”
Emerald senior Brittany Connor, who scored 12 of her 18 in the
fourth against Greenwood, is the team’s leading scorer at 13
points a game. Freshman Anicia Dotson is averaging a
double-double of 12 points and 12 rebounds.
One thing the Lady Eagles used to build such a big first-half
lead in the first meeting was their stifling defense, more
specifically their full-court press.
“We have to take care of the basketball,” Duckett said.
“Sometimes we go faster than we’re capable of going. We
have to play under control and run the offense the way it’s
supposed to be run.”
But the Lady Vikings can expect to see more of that pressure
tonight.
“We’re going to press, press, press and see what
happens,” Greenwood coach Susan Thompson said. “Our
quickness is one of our strengths, and it works for us on
defense.”
Senior center Jacena Thompson and sophomore Syteria Robinson have
guided the Lady Eagles early this season. Thompson leads the way
with 13 points to go along with eight rebounds, while Robinson is
averaging 10 a night.
But one thing the Lady Eagles have been working on since the
previous meeting is instituting two separate teams: a man-to-man
group and a zone squad.
“Our team chemistry took a hit when we would take out some
of the starters,” Thompson said. “Things didn’t
flow right.
We’re working on developing A and B teams. Each group knows
what their roles are.”
Obituaries
Calhoun Jordan
CALLISON
— George Calhoun Jordan Jr., 100, of 2310 Callison Road,
widower of Aurelia Flynn Jordan, died Tuesday, Dec. 19, 2006, at
his home.
Services will be announced by Blyth Funeral Home & Cremation
Services, Greenwood.
Calvin Partridge
HODGES — Calvin J.J. Partridge, 91, of 4812
Highway 178 North, Hodges, husband of Carrie Osborne Partridge,
died Tuesday, Dec. 19, 2006 at the Laurens County Healthcare.
Born in Iva, he was a son of the late Jim H. and Sally Winfield
Campbell Partridge. He retired from Greenwood Memorial Gardens as
superintendent, was a carpenter and was a saw and blade
sharpener. He was a US Navy veteran of World War II, serving in
the Pacific Theater. He had served as a deacon, elder, Sunday
School teacher and Sunday School superintendent at other churches
and was presently a member of South Greenwood Pentecostal
Holiness Church.
Surviving is his wife of the home; a daughter and son-in-law,
Diane P. and Yvon Ledoux of Greenwood; a son and daughter-in-law,
Calvin Gerald and Sarah Louise Partridge of Honea Path; two
sisters, Irene Whitmire of Fountain Inn and Gladys McAllister of
Anderson; four grandchildren, Calvin G. “Gerry”
Partridge, II, Tracey Louise Dawson and her husband, Shawn
Dawson, Travis Murphy and his wife, Samantha Nelson Murphy, and
Tanner Murphy; four great-grandchildren, Connor Dawson, Sarah
Madison Dawson, Harrison Dawson and Reese Alene Murphy.
Services will be at 2 p.m. Thursday at the Greenwood Memorial
Gardens Mausoleum, with the Rev. Sherrill Green and the Rev.
Terry Carpenter officiating.
Pallbearers will be Calvin G. Partridge, II, Travis Murphy,
Tanner Murphy, Bobby Osborne, Marvin Allen and Shawn Dawson.
The family will receive friends at Harley Funeral Home on
Wednesday from 7 to 9 p.m.
The family is at the home.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.
Herbert Patrick Jr.
SALUDA
— Herbert Lee Patrick, Jr., 88, of Saluda, SC, died Monday,
Dec. 18, 2006.
Mr. Patrick was born Sept. 20, 1918 in Chester, SC, to the late
Herbert L. Patrick, Sr. and Mattie Pressley Patrick. He served
with the South Carolina Highway Patrol for 37 years. Mr. Patrick
was a World War II Army veteran and served as a Captain in the
Pacific Theater. Mr. Patrick graduated from The Citadel in 1940.
He was a member of Saluda Presbyterian Church for over 50 years,
where he served as a Deacon, Elder and Church Treasurer. He was a
member of The Saluda Lions Club, American Legion Post 65, Travis
Masonic Lodge 241, Woodman of the World, South Carolina Troopers
Association, State Retirees Association and The Citadel Alumni
Association.
Surviving are a son, Col. H.L. (Bert) Patrick III, Ret., and his
wife, Katheryn Wilson Patrick, of Merritt Island, Fla., a
daughter, Miriam (Mac) Hurt of Ridgeway, SC, seven grandchildren,
Rod Eidson and his wife, Kristi, of Batesburg-Leesville, SC,
Matthew Eidson and his wife, Heather, of Lyman, SC, Allen Patrick
and his wife, Christine, of Columbia, SC, Chamblee P. Carrington
and her husband, Joe, of Asheville, NC, Crystal Hurt, Melissa
Hurt and Patrick Hurt, a step-granddaughter, Alexander Hood; and
seven great-grandchildren, Jordon Eidson, James Eidson, Trent
Burroughs, Haley Kyzer, Hannah Kyzer and Kylie Paige Carrington
and Brennen Jackson.
Mr. Patrick was predeceased by his parents and loving wife of
over 50 years, Miriam McGregor Patrick.
Funeral services will be held at 3 p.m., Thursday, Dec. 21, 2006
at Saluda Presbyterian Church, with interment in West Travis Park
Cemetery in Saluda, with Rev. Bill Tarbell officiating.
The family will receive friends from 6 until 8 p.m. Wednesday
evening at Ramey Funeral Home.
Memorials may be made to Saluda Presbyterian Church, 103 W.
Highland Street, Saluda, SC 29138.
Grace Ballard Simms
Grace Janie Ballard Simms, “Sweet Baby,” of 1109 E.
Cambridge Ave., widow of Troy Simms, died Dec. 17, 2006 in
Greenwood, SC.
Born in Greenwood County Jan. 14, 1913, she was a daughter of the
late John and Sadie Bradley Ballard. She was the last survivor of
her immediate family. She was a member of Mt. Pisgah A.M.E.
Church, where she was a former choir member and Missionary
Society member. She was a graduate of Brewer Normal School,
received a B.S. degree from S.C. State College and M.A. from
Atlanta University. She was a public school teacher for more than
forty years. She taught at Ninety Six, Forksville, Heath Springs,
North and Greenwood School districts.
She was a former member of Yellow Jasmine Club, Charmelette Club
and American Legion Auxiliary Post No. 224, a member of Rochelle
Chapter No. 298 O.E.S. and life member of Delta Sigma Theta
Sorority, Inc.
A hobby was playing the piano and singing along, both spiritual
and popular music.
Surviving are three nieces, Sadie B. Luster, Greenwood, Irma B.
Brown, Atlanta, GA, and Barbara B. Gunner, San Diego, CA; one
nephew, Morris D. Ballard, Jr. of Hodges; great-nieces,
great-nephews, cousins and friends.
Services will be held Thursday at 1 p.m. at Mt. Pisgah A.M.E.
Church, with Pastor Julius Crawford officiating, assisted by Rev.
Wanda Aull and Rev. Willie Neal Norman. The body will be placed
in the church at 12 p.m. Burial will be in Evening Star Cemetery.
Pallbearers and flower bearers are friends of the family.
The family is at the home.
Percival-Tompkins is assisting the Simms family.
pertompfh1@earthlink.net.
Opinion
Verne
Smith always gave his very best for all of S. C.
December 20, 2006
Seldom
do public servants come along who identify with their
constituents in such positive ways that voters keep reelecting
them for decades. Likewise, seldom do they give the kind of
service that warrants that kind of voter confidence and respect.
Verne Smith of Greer was one of those, without question.
Senator Smith, who was forced by illness to resign from the State
Senate last summer, died Sunday at 81. Late in his political
career he switched from being a longtime Democrat to Republican,
but that did nothing to diminish his standing with his fellow
legislators and constituents.
THAT MIGHT HAVE HAD something to do with the
fact that he always took what he firmly believed was the right
position on any every issue that affected all the people of South
Carolina.
Greenwood Senator John Drummond, who roomed next door to Senator
Smith in Columbia for years, always held his good friend in the
highest regard, and that friendship never faltered. In fact, only
about two weeks ago Senator Drummond visited his friend at home.
Then, in words choked by emotion, Senator Drummond said, “We
talked a little and cried a little. I miss him.”
So will all of South Carolina. Drummond probably summed it up in
four words: “He loved this state.” He did indeed.
commendable.