Local judge charged

Arrest stems from continuing probe of magistrate’s office

May 3, 2006

By MEGAN VARNER, VIC MacDONALD and GREG DEAL
Index-Journal staff writers

A Greenwood County magistrate has been arrested and charged with accessory to embezzlement.
Investigators with the Greenwood County Sheriff’s Office arrested Lisa Cain, 46, of 116 Flatwood Road, Hodges, on a charge stemming from the alleged theft of $1,000 from the magistrate’s office in February 2004.
In addition to her primary duties as a clerk, Cain serves as a part-time magistrate for the office.
The arrest, the second from the magistrate’s office in less than a month, comes as investigators are conducting an ongoing probe of alleged embezzlement and other “irregularities” within that office.
Deputies arrested Cain in Greenwood on Friday and booked her at the Greenwood County Detention Center later that day, although the Abbeville County Magistrate’s Office conducted her bond hearing to avoid conflicts of interest, sheriff’s officials said.
Cain was released on a personal recognizance bond of an unknown amount.
Mike Frederick, chief deputy with the Greenwood County Sheriff’s Office, said the investigation, now in its fourth week, is ongoing and continues to expand in scope.
On Tuesday, deputies questioned three other magistrate’s office employees at locations in Greenwood and Greenville. No arrests were made.
“We were initially looking at a specific theft,” Frederick said, “but it became apparent to us very quickly that we’re facing some major problems in that office.”
In April, sheriff’s deputies arrested Greenwood resident Toni Cole, a clerk in the office, on a charge of grand larceny in connection with the alleged theft of more than $22,000 in public funds from the office.
Cole was released on a personal recognizance bond pending trial after a hearing in Abbeville, officials said in April. Cole’s charge, a felony, could carry a prison sentence of up to 10 years. Frederick said Cole is cooperating with the sheriff’s office investigation.
Greenwood County Sheriff Dan Wideman said he was notified of a $1,000 missing-money situation in the magistrate’s office in 2004 and another $2,500 missing-money situation this year.
When a new allegation involving about $5,000 arose last month, Wideman said he launched an investigation with deputies and agents from the State Law Enforcement Division (SLED).
Wideman said in April that his office was conducting a forensic examination that would “account for every dime” in the magistrate’s office.
Frederick said Tuesday that the sheriff’s office investigation has since uncovered what he called “systemic problems and real financial irregularities” within the magistrate’s office.
Frederick and two detectives are dedicated to the case almost full time.
Investigations Division Commander Maj. John Murray said the sheriff’s office inquiry is “intense,” adding that detectives have seized documents, reviewed financial records, interviewed each employee and judge within the office, conducted polygraph examinations and consulted with specially trained forensic accountants as they dig through the case.
“This case hinges upon the records in that office,” Murray said, “so that’s where we’re spending a lot of our time.”
The sheriff’s office contracted with forensic accountants, who have assisted in investigators’ reconstruction of how the funds were allegedly stolen and who was responsible.
Forensic accountants are specifically trained to examine cash-handling procedures and conduct statistical analyses of the records attendant to those procedures in an effort to trace missing funds and identify people who might have stolen those funds.
Frederick said investigators are continuing to conduct interviews and examine records, but he could not provide an estimate regarding a completion date. He said investigators have not examined e-mails from the magistrate’s office but might at some point in the investigation to “cover the bases.”
Frederick said investigators have not conducted a full forensic audit of the magistrate’s office, which would require the seizure of documents needed to keep the office functioning.
“A forensic audit would have shut that office down,” he said. “That office is more critical to the county than most people understand. Shut that court down and criminal justice in this county stops.”
Eighth Judicial Circuit Solicitor Jerry Peace said this week that he would not comment on the investigation but, in an earlier interview with The Index-Journal, said that because of the close relationship between his office and the magistrate’s office, he might refer the case to the South Carolina Attorney General’s Office when his office receives all case reviews.
Chief Magistrate Joe Cantrell refused to take a reporter’s phone call about the situation in April, having the secretary instead advise the caller to contact the county manager. Cantrell did not return a phone message left at his office on Tuesday.
Greenwood County Manager Jim Kier said the magistrate’s office had “lost” at least one employee, but he did not provide the name of the employee.
“(The magistrate’s office) is doing OK, and we will take steps to make sure there is proper staffing in the office, even if we have to move people in from other departments that are familiar with the bookkeeping,” Kier said, adding that the county would coordinate resources to make sure the office can continue functioning. “The county, as a whole, has an obligation to see that things continue on their own. We are concerned that things function properly.”
Kier said magistrate’s office employees are paid through a combination of fees collected through the department and public tax money.
Dee Compton, chairman of Greenwood County Council’s Justice Committee, updated the full council on the magistrate’s office situation Tuesday night during the full council’s regular meeting. Council agreed to conduct a called meeting 10 a.m. Thursday to address magistrate’s office issues.
“As you all are aware — sadly aware — the Justice Committee has been working with the solicitor’s and sheriff’s offices. We met before the first arrest was made to talk about the issues,” Compton said. “It’s an unbelievable service the sheriff’s office is doing. Their work is ongoing and it is premature to have anything specific to say about it.”
County Council Chairman Robbie Templeton said Compton updated him about the magistrate’s office situation before the full council meeting.
The Justice Committee expects to have a recommendation for the full council related to the magistrate’s office by Thursday, Compton said. “We do not want to interfere with their investigation,” he said.
According to the Greenwood County Web site, magistrates are responsible for issuing warrants, setting bonds and hearing criminal, traffic and civil cases. The office also conducts preliminary hearings and transfer cases for the county, and the office’s criminal jurisdiction is for cases with a maximum fine of $500 and/or 30 days in jail, the site says.
The Web site says magistrates are named to four-year terms by the governor on advice and consent of the state Senate, and they have to pass a certification examination within a year of their appointment. They are subject to rules of conduct that also bind circuit court judges, according to the site.
The South Carolina Court Administration supervises the administration of the state’s various courts, including magistrates offices, and the support personnel related to those courts, according to its Web site. It also collects caseload information and activity statistics on the operation of those courts.
Rosalyn Frierson, director of Court Administration with the South Carolina Judicial Department, said her department does not perform audits of financial records from county magistrate’s offices. Frierson said Court Administration sees composite financial information from the magistrate’s offices, but that information is not meant to be audited, but instead used to help people such as legislators find out how fee collections are being broken down by county.
Court Administration generally handles procedural issues dealing with magistrate’s offices.
Greenwood County Chief Magistrate Joe Cantrell called Court Administration when Greenwood County Sheriff’s Office deputies and State Law Enforcement Division agents showed up at the local magistrate’s office last month and demanded records.
Frierson said Cantrell did not need Court Administration authority to release the records, but she said it was not wrong or unusual for him to make the call.
Frierson said Court Administration always has “concern and interest” when cases such as this come to its attention, and she said the agency would consider looking into additional training for judges. Judges already are required to take part in continual legal education each year, she said, and part of that education is ethics training.
Frierson said each county treasurer is responsible for reporting financial information from magistrate’s offices to the state treasurer, and any audits of magistrate’s offices would take place on the county level.
Greenwood County Treasurer Ken Spate said the magistrate’s office is included in an annual audit by local, independent auditors and that information is used to complete a form required for the state treasurer’s office. Spate said he could not comment on whether any recent audits unveiled the missing funds from the magistrate’s office.
Some information for this article came from a Greenwood County Sheriff’s Office press release.

No ills for Greenwood

May 3, 2006

By DAVID HAYS
Special to the Index-Journal

Some soccer players celebrate game-winning goals by ripping off their jerseys. Greenwood High’s Alex Bollinger threw up.
Bollinger scored a dramatic goal with under one minute left, lifting the Eagles to a 4-3 come-from-behind victory over Spartanburg Tuesday night in the first round of the Class AAAA state playoffs.
The Eagles, who trailed 3-0 before the midway point of the first half, will host No. 1 ranked Northwestern in the second round Thursday night.
Northwestern blanked North Augusta, 6-0, Tuesday.
Jacovie Anderson’s sideline throw-in pass found Bollinger, who beat three defenders and pounded the ball into the goal for what proved to be the game-winner. The senior was mobbed as GHS only had a few seconds to kill for the win.
“I felt sick,” Bollinger said, with a smile. “I hit the ground and threw up all over the ground.”
The Eagles had a sick feeling early as Spartanburg’s Jon Segar, Derrick Cupsted and Jared Earl took advantage of Greenwood defensive breakdowns and scored three goals in a five-minute span. The third goal gave the Vikings (11-10) a 3-0 lead with 26:42 left in the first half.
Bollinger, Anderson, Patrick Hobson and Jay Bishop scored goals for the Eagles (16-4). It was Bishop’s goal late in the first half that sparked the comeback. With 2:40 left before halftime, Hobson dribbled threw two defenders and the goalkeeper came out. Hobson passed off to Bishop, who re-directed the ball in for his 10th goal of the season.
“That was the turning point of the game,” Hobson said.
Anderson scored with 34:39 left in the second half to pull GHS within 3-2.
Hobson got the assist though his pass was attended for Bollinger. Anderson used his speed and tapped the ball in for his 12th goal of the year. “He barely got a toe on it,” Bollinger said.
Greenwood continued to threaten and with 24:48 to go during an intense Vikings attack.

Opinion

Some things to remember on immigration situation

May 3, 2006

The immigration problem is nothing new to South Carolina. It’s been building for years. Now that our attention is focused on the matter, there are a few things to remember that should be given serious consideration.
They don’t necessarily apply to the so-called “rights” marches or singing the national anthem in Spanish and changing the words ..... although both of those in-your-face endeavors do nothing to win friends or influence people ..... the American people.
Like so many “distorting” things today, illegals object to being called illegal. That’s nothing more than an attempt to “soften” the issue to make it appear to be something it’s not.
So what do we do? The first thing we have to do is to control our borders. Until that is done, nothing else makes any sense.

THEN, THE WHOLE QUESTION is not about immigrants who come and live here legally. America, as has been noted many times, is a nation of immigrants and more are welcomed every year. But they are legal. They assimilate into our society and become American in every way.
Those who are illegal don’t and should not have the same rights. For illegal aliens - and that’s what they are - rights are something to be earned, not presumed or assumed. When illegal people mount protest marches it should be treated for what it is: anarchy.
Secondly, whenever there’s a question involving immigrants, it should be legal to ask their status. As it is, anyone who asks could end up on the short end of a lawsuit.

UNDER THOSE CIRCUMSTANCES, asking should not be cause for legal action. In fact, anyone who is legitimate has no reason to object to that, whether they are involved in welfare, education, crime, politics or anything else that we all take for granted every day.
It’s obvious that something must be done to rectify the situation. Ignoring or flouting the laws that everyone else must observe is never acceptable, particularly in a nation of laws. Anytime we can break the law without consequences, the basis for stability is weakened.
There is one other question that should interest every law-abiding American. Does it bother anyone that illegal aliens think they can influence all America by collectively rallying against laws passed by those elected by voters ..... legal voters?

Editorial expression in this feature represents our own views.
Opinions are limited to this page.

Obituaries

Irene Holloway

GREENWOOD — Irene W. Holloway of 1101 Brannon St., widow of Macfield Holloway, died April 28 at National Healthcare. Born in Ninety Six, SC, a daughter of the late Lester Williams and Willie Mae Williams.
She was a homemaker and retired from Greenwood School District 50 after 23 years of service in the Dietary Department. She was a member of Morris Chapel Baptist Church, where she served as former deaconess, former member of the Missionary Society and the Women’s Aid Society 55.
Surviving are three sons, Rev. Mackfield (Carolyn) Holloway of Taylors, SC, Elester (Constance) Holloway of Charlotte, NC, and SFC Clinton (Betty) Holloway of Greenwood stationed in Iraq; three daughters, Willie Merle Holloway of Greenwood, Jacquelyn (Robert) Williams of Winston Salem, NC and Pamela Holloway of Greenwood; 12 grandchildren, one loving granddaughter reared in the home, Jalessa Holloway; 13 great-grandchildren.
Funeral services will be held Thursday at 2:00 PM from Morris Chapel Baptist Church, with Rev. Ricky Syndab officiating. Burial will be in Evening Star.
Pallbearers will be Scott White, James Griffin, Willie Robert Chappell, Michael Chappell, Jessie Oliver and Eugene Pressley.
Flower bearers will be Diane Oliver, Shirley Leverette, Rochelle Pressley, Ruby Bailey, Jackie Hackett and Linda Coleman. Honorary escort will be Deacons, Deaconesses, the Missionary Society and Trustees.
The body will be placed in the church at 1:00.
The family is at the home.
Percival-Tompkins Funeral Home is in charge.
Online condolences: pertompfh1@earthlink.net
PAID OBITUARY

Leroy Jones Jr.

Memorial services for Leroy Jones Jr., of 102 Wheatfield Drive, are 2 p.m. Thursday at Robinson & Son Mortuary, conducted by the Rev. Howard Harmon, assisted by Apostle C.E. Sunkins.
The family is at the home.
Robinson & Son Mortuary Inc. is in charge.
Online condolences may be sent to the family at robson@nctv.com

Mabel Collins Perrin

Mabel Collins Perrin, of 216 Tompkins Ave., widow of Edward Perrin, died Monday, May 1, 2006 at her home.
The family is at the home.
Services will be announced by Parks Funeral Home.

Luther Sanders Sr.

GREENVILLE — Luther Sanders Sr., 60, of 926 Cleveland St., Apt. G-211, died Sunday, April 30, 2006 at Greenville Memorial Hospital.
Survivors include his wife, Martha Ann Morton Sanders of the home; four children, Luther Sanders Jr. and Kidata Sanders, both of Greenville, Roderick Sanders of St. Mathews and Abdullah Sanders of Phoenix, Ariz.; a sister reared in the home, Mattie Lukie of Newberry; and four grandchildren.
Services are 1 p.m. Thursday at Webb-Settles Funeral Home. Burial is in Resthaven Memorial Gardens.
Webb-Settles Funeral Home is in charge.

Marianne Tuttle Sanders

HILTON HEAD ISLAND — Marianne Tuttle Sanders of HiltonHead Island passed away peacefully in her home this past Sunday morning, April 30, 2006. She was 76.
Marianne was born in Franklin, NC on August 5, 1929, and was the daughter of the late Jennie Lee Tuttle and the late Marcus Q. Tuttle of Asheville, NC. She lived many years of her adult life in McCormick, SC. She moved from McCormick, SC to Hilton Head Island in 1998.
She was a beloved mother and wife, a homemaker, a painter, and one generous of heart and spirit.
She is survived by her husband George Jamie Sanders, Jr. of Hilton Head and her daughter Nancy Sanders of Atlanta. She will be deeply missed.
Friends and family will be received from 9:30am-10:30am Wednesday, May 3rd at The Island Funeral Home and Crematory, 4 Cardinal Road, Hilton Head Island, for a visitation. The service and celebration of her life will be held at 11:00 am at St. Andrews by-the-Sea Methodist Church, 20Pope Avenue, HiltonHead Island, with a graveside service at Six Oaks Cemetery in Sea Pines following the church service.
The Island Funeral Home and Crematory is in charge of arrangements.
PAID OBITUARY

Mrs. Carolyn Kelly Summey

GREENWOOD, SC — Mrs. Carolyn Summey, 67, wife of William Louie Summey, of 123 Northgate Drive, Greenwood and formerly of Easley, passed away Tuesday, May 02, 2006 at Hospice Care of the Piedmont in Greenwood.
She was a daughter of the late William Ralph and Carrie Mae Fendley Alexander. She was a dietitian at Laurel Hill Nursing Center for 12 years and worked in sales at Belk. She was a member of Northside Baptist Church and the Dorcas Sunday School class.
Surviving in addition to her husband is a son, Gary Kelly of Easley; a daughter, Sandra Chapman of Easley; a grand-daughter, Tiffany Collins of Easley; three sisters, Laura Hall and Willie A. McCollum of Easley, Martha A. Blackston of Anderson and an honorary sister and brother, Walt and Carolyn Joyner.
In addition to her parents, she was predeceased by her first husband, Cecil Kelly, and a sister, Sara A. Hodge.
Funeral services will be 1:30 p.m., Thursday, May 4, 2006, in the chapel of Dillard Funeral Home. The visitation will be from 12:30 until 1:30 prior to the service. Interment will follow in the Hillcrest Memorial Park and Gardens.
The family is at the home of the son, Gary Kelly, 134 O’Neal Drive, Easley, SC 29640.
Flowers are accepted and memorials may be made to Hospice of Piedmont, 408 West Alexander Avenue, Greenwood, SC 29646.
Online condolences may be sent to www.dillardfuneralsandcremations.com
Dillard Funeral home is assisting the Summey family.
PAID OBITUARY