Local magistrate suspended

Joe Cantrell gets year without pay in connection with missing-funds case

November 22, 2006

By MEGAN VARNER
Index-Journal senior staff writer

The Supreme Court of South Carolina’s Office of Disciplinary Counsel issued this week an opinion suspending a local magistrate from judicial duties in connection with misconduct in office.
The opinion, filed Monday, prohibits Greenwood County Magistrate Joe C. Cantrell from returning to the judicial office for a year, according to documents from the South Carolina Judicial Department Web site. The suspension also will be without pay.
Cantrell has been on interim suspension from the office since May, when S.C. Supreme Court Chief Justice Jean Toal issued the suspension order, along with orders to suspend a part-time magistrate for Greenwood County, amid an investigation into missing money from the magistrate’s office.
That part-time magistrate, Lisa Cain, and office clerk Toni Cole were arrested during the investigation and charged in connection with the missing funds. Neither woman’s case has been to court to date.
When contacted Tuesday by The Index-Journal, Cantrell referred all questions regarding the matter to his attorney.
“Basically, what the order says is that they (the ODC) reprimanded Joe for not properly supervising his employees,” said C. Rauch Wise, attorney for Cantrell. “I would emphasize that at no time does the ruling ever say that he was involved in any way in the covering up of any wrongdoing or the participation in wrongdoing.”

History of case
Cantrell was appointed as part-time magistrate in 1981, becoming a full-time magistrate and chief magistrate in 1989. His appointment was made by a legislative delegation, Wise said, which includes S.C. Sen. John Drummond.
According to the ODC opinion, until about January 2005, the Greenwood County Magistrate Court deposit was taken directly to the bank, but the procedure was changed at the request or suggestion of county officials or agencies. After the change, deposits from various county agencies, including the magistrate court, were taken to the Greenwood County Treasurer’s Office, which was given responsibility for the deposits.
The daily deposit for criminal, civil and traffic courts were compiled at the end of each day and placed in a safe, and the deposit would be taken to the Treasurer’s Office the following morning, according to the opinion. No receipts were issued for the deposit, but the Treasurer’s Office would forward the bank’s deposit receipt back to the magistrate’s office, though on some occasions, it took several days for the receipts to be returned.
The opinion said Cantrell “acquiesced in these changes without inquiring whether the deposit procedure complied with the Chief Justice’s Administrative Order of November 9, 1999.”
That order says, “(W)hile the Court recognizes that magistrates must utilize employees to their office to assist in the handling of monies of their office, each magistrate is personally responsible for compliance with all procedures for the handling of the monies of their magisterial office and proper record keeping related thereto and shall regularly, but no less than monthly, review bank statements and other records to insure such compliance.”
Cantrell gave the office manager, who was a part-time magistrate, exclusive or nearly exclusive authority to manage the daily financial activity of the Greenwood County Magistrate’s Court, with the extent of his own financial oversight of the office consisting of “spot checks” to make sure that deposit slips matched bank statements, the opinion said.
Cole was hired at the office in 1998, with her initial responsibilities limited primarily to eviction and fraudulent check cases, as well as the receiving and receipting of money, according to the opinion. Those responsibilities were later expanded to compiling the deposit and taking it to the Treasurer’s Office on occasions when other employees were absent or unavailable.
In February 2004, $1,000 in cash was discovered missing from the office safe, and though law enforcement authorities suspected Cole of taking the funds, she scored an “inconclusive” on a polygraph examination during an investigation into the matter, and no criminal charges were brought against her at the time. In December 2005, $500 was discovered missing from the safe, but Cole later claimed to have found the money behind the file cabinet where the safe was located. Because the money was recovered, the opinion said, no inquiry was made into the validity of Cole’s explanation.
On both occasions, the opinion said, Cantrell made no changes concerning the financial procedures and Cole was allowed to continue her financial duties with unsupervised access to the office safe.
In February, when approached by another magistrate who was concerned that the Nov. 9 administrative order was not being followed in the Greenwood office, Cantrell reportedly said he was not going to comply with the order for financial oversight procedures, the opinion said, with the words, “I’m not going to do it. You going to do it?”
According to the opinion, Cantrell later said his comment was misunderstood, adding that the other magistrate “was the most knowledgeable about court financial procedures and that his intent was to change the deposit procedure by having the other magistrate review the deposits. Accordingly, (Cantrell) stated he said, ‘I’m not going to do it, you’re going to do it, and then I’m going to check behind you.’”
On March 8, a court employee discovered that $2,500 received as a bond payment was not shown as deposited on bank records, and one month later, an entire deposit of more than $4,800 from March 17 also was discovered missing, the opinion said. Cantrell reported the matter to the Greenwood County Sheriff’s Office, which began an investigation.
When questioned by authorities, Cole confessed to stealing the March 17 deposit as well as the thefts of deposits for two other days, totaling more than $14,000, that were not yet known to be missing, the opinion said. She also confessed to taking the $2,500 bond payment deposit and the $1,000 in cash found missing in February 2004. Cole said she removed and replaced the $500 that was reported missing, and later found, in December 2005.
Cain was later arrested and charged after auditors discovered more money was missing through the voiding and deleting of cases from the computer’s system.
It also was discovered that the office “accepted and disbursed restitution payments, including cash ‘off the books’ either without receipts or with receipts handwritten on whatever scrap of paper might be available,” the opinion said. Cantrell said he was unaware of restitution payments being made in any unauthorized manner.
The opinion said Cantrell “relied entirely on his staff to properly document and disburse the monies of his office and acknowledges that his supervision and oversight did not comply with the requirements of the Chief Justice’s Administrative Order of November 9, 1999.
“The ODC contends that the misappropriations would have been deterred or minimized had the mandates and procedures required by the November 9, 1999 order been in place. Respondent (Cantrell) does not contest this representation.
“In addition, it was reported to the ODC that, during the course of the investigation of these matters by the Greenwood County Sheriff’s (Office), respondent (Cantrell) attempted to influence one or more other magistrates to limit the scope of the questions they would be willing to answer during polygraph examinations. According to one magistrate, respondent (Cantrell) suggested they only answer questions about whether they took money or whether they knew anyone else had taken money, thereby avoiding any questions about the lack of financial oversight in the magistrate’s court.”

Future of case
Cantrell’s suspension will be effective until November 2007, and though the ruling cannot be appealed, Wise said Cantrell can make a request for a rehearing.
“We are looking into that,” Wise said.
After the suspension has ended, Cantrell will be eligible for reappointment, Wise said, adding that if reappointed by the legislative delegation, Cantrell would return.
Wise said Cantrell was “disappointed” with the ODC’s opinion and suspension. He said his client was expecting the issuance of a public reprimand, which would not have suspended Cantrell from his judicial duties.
“The policy in South Carolina has been for a long time that if money were taken from a magistrate’s office, generally the magistrates did get a public reprimand out of it,” Wise said. “When you’re the captain and something happens on your watch, they have traditionally made you responsible for it.
“The Supreme Court is upping the ante, so to speak, and making you more responsible.”
Wise said the ODC also issued a yearlong suspension — on the same day as Cantrell’s — for a Sumter County master-in-equity whose secretary stole a “sizable amount of money from him through his failure to exercise proper oversight” of his office.
“I would conclude from (the two suspensions) that the South Carolina Supreme Court is sending the message to magistrates and judges across the state that they’ve got to exercise extreme care in who they have handling money in their office,” Wise said.

'Thanksgiving with the Arts':
Students strut their stuff for seniors

November 22, 2006

By BOBBY HARRELL
Index-Journal staff writer

Karsi Wardlaw stood by herself in front of the audience Tuesday morning, with Brewer Middle School’s chorus at her back.
Karsi, an eighth-grader, paused for a moment, then belted out a song for the Wesley Commons residents sitting in the audience. Residents from the retirement community clapped before and after the song.
Karsi and some of Brewer’s creative students gave part of themselves — their abilities to hit high notes, twirl and jump, play an instrument and create paintings — to the residents as a way of giving thanks and to help them enjoy the Thanksgiving season more.
Brewer’s chorus, band and dance classes performed for seniors in “Thanksgiving with the Arts” as part of the school’s community projects, said Glenas Green, assistant principal.
“What we want to do is involve the community in our school,” she said.
Community projects help bind Brewer and the public closer together for the benefit of both. The celebration was the first time seniors have been involved with community projects, Green said.
Principal Anthony Holland wanted to include Wesley Commons in Brewer’s fine arts performances, so he talked with David Buckshorn, Wesley Commons’ president, about having residents over to the school.
Brewer’s chorus sang two hymns, “Come Ye Thankful People Come” and “My Tribute,” for the residents. Brewer’s band performed Thanksgiving hymns so seniors could recognize the songs, said Christie Hodge, band director. The band worked for three weeks on the pieces for the celebration.
Seniors get a lot of pleasure out of the performances because they don’t get the chance to get out much, Hodge said. Students had a great time performing, as well.
“They just had a ball,” Hodge said.
Seniors need the socialization given from getting out of Wesley Commons every once and a while, said Robyn Radke, Piedmont Agency on Aging’s site manager for seniors.
Coming to Brewer for the Thanksgiving celebration shows them there are other avenues of entertainment to explore, something important during the holidays, Radke said.
Brewer’s seventh-grade dance class performed an original dance and a praise dance, said Sheri Brewington, dance instructor. Students choreographed and performed their own dance moves for the new dance at the celebration.
Brewington only gave her students the idea of fall leaves to help focus their dance design.
Holland told the seniors after the concert that Brewer is more than just a Greenwood School District 50 school, he said. It’s the community’s school.
“We are so appreciative that y’all are coming to our house today,” Holland said.
He thanked them for “laying the foundation” and helping set a good example for students.

Lander women fall to Clayton St.

November 22, 2006

By RENALDO STOVER
Index-Journal sports writer

The Lander Lady Bearcats (2-1) were trying to remain unbeaten in Horne Arena on Tuesday night, but cold shooting, coupled with No. 24 Clayton State’s dominance on the inside, resulted in a 89-82 loss.
The Lady Bearcats closed to within one point with less than two minutes remaining, but Clayton State (3-0) reeled off the final six points for the win.
Senior LaShonda Chiles finished with a team-high 20 points for the Lady Bearcats.
She also had nine assists, but committed six turnovers in the game.
“These are the games that we came here for. You’re playing a good team in your gym and we’re trying to make a statement that we’re taking a step forward with our program and we’re not looking for moral victories,” Lander coach Kevin Pederson said.
“I told the team at halftime that we don’t want to lose by one and have people patting us on our backs saying good job. We needed to beat that team, and to get in that position and get so close a couple of times and not be able to come away with it is really frustrating.”
Tierra Kirkland provided a spark off the bench for the Lady Bearcats, finishing with 12 points and seven rebounds.
Clayton State was led by sophomore, Marie St. Fort, who came off the bench to score 17 points on 7-10 shooting, while pulling down 10 rebounds.
The Lady Bearcats took an early 9-4 lead in the opening half following a Bryony Crouch three-pointer from the left corner.
Jasmine Collier, who made her freshman debut in Horne Arena last week with a 24-point, eight three-pointer explosion, struggled against Clayton State, finishing with three points on 1-8 shooting.
After shooting air balls on back-to-back three-point attempts, it looked as though Pederson was preparing to replace Collier with April McClendon. Collier finally connected on her third three-point attempt to give the Lady Bearcats a 14-10 lead, and Pederson called McClendon back from the scorer’s table.
With just over 13 minutes to play in the first half, Lady Bearcats’ center, Stephanie Ponds found herself in foul trouble. Clayton State took advantage of this and began to go inside for points.
It paid off, as they were able to go on a 16-0 run, forcing Pederson to call two timeouts during the Lady Bearcats drought.
Following the second timeout, the Lady Bearcats scored seven-straight points, sparked by a Chiles’ three-point basket, from the top of the circle, to close to within three points.
The Lady Bearcats held the lead shortly before halftime at 39-38, when Kirkland scored on a lay-up, but Lynette Jackson, who finished with 14 points, 11 rebounds and four blocks, continued to be a problem for Pederson’s squad, putting Clayton State back on top for good at 39-38, just before halftime.
“That was as poor a defensive effort that we’ve turned in this season, but somehow we survived it. Lander is a totally different team from last year and they remind me of our first year at Clayton State when we went from worst to first,” Clayton State coach Dennis Cox said.
The Lander returns to the hard-court Nov. 29, when they go on the road to face Georgia College.

Obituaries

Margaret Cothran

ABBEVILLE — Margaret Sherard Cothran, 84, resident of 34 Gallick Road, Waymart, PA, formerly of Abbeville, SC, died Sunday, Nov. 19, 2006 at Abington Manor, Clark Summit, PA.
Born in Abbeville Co., SC, she was a daughter of the late Moffatt Grier Sr. and Myrtle H. Sherard.
Margaret was educated at Lander College and Furman University. During her married life to the late Wade Cothran IV, she was secretary of the Virginia Polled Hereford Assoc. in the Shenandoah Valley. She was also secretary of Trinity Episcopal Church, Abbeville, SC, during the mid seventies, where she assisted in the successful restoration of the historic landmark church. After retirement, Margaret lived in Columbia, SC, and was an award winning salesperson for J.B. Whites.
Surviving are her brother, Moffatt Grier Sherard, Jr. of Charlotte, NC; 2 sons, Wade W. Cothran of The Woodlands, TX, and Walter Sherard Cothran of Abbeville, SC; a daughter, Peggy McFerron of Waymart, PA; 4 grandchildren, John Walter McFerron of Nixa, Missouri, Wilson Carter Cothran of Houston, TX, Carter Britt Cothran of Atlanta, GA, Caitlin Sue Cothran of Abbeville, SC; and 2 great-granddaughters, Anne Marie Cothran of Montgomery, TX, and Elizabeth Nicole Cothran of Houston, TX.
She was preceded in death by her grandson Wade Cothran V.
Funeral services will be conducted Friday, Nov. 24, 2006 at 3 p.m. from Trinity Episcopal Church with Rev. Rilla Holmes officiating. The burial will follow in Forest Lawn Memory Gardens.
The family will receive friends Friday, Nov. 24, 2006 in the narthex of Trinity Episcopal Church from 2 until 3 p.m. prior to services at 3.
The body is at The Chandler-Jackson Funeral Home, Abbeville, SC
. Memorials may be made to the restoration fund for Trinity Episcopal Church, “Friends of Trinity”, 200 Church St., PO Box 911, Abbeville, SC; or to a charity of one’s choice.
Online condolences may be sent to the Cothran family by visiting www.chandlerjacksonfh.com.
The Chandler-Jackson Funeral Home, Abbeville, SC is in charge of arrangements.

Anne N. Detwiler

Anne Northum Detwiler, 89, of 207 Creek Road E., widow of George Thomas Detwiler, died Tuesday, Nov. 21, 2006, at her home.
The family is at the home.
Services will be announced by Harley Funeral Home and Crematory.

Tony ‘Redman’ Hawkins

Tony “Redman” Hawkins, 46, of 113 Richard St., died Saturday, Nov. 18, 2006 at his home. Born in Greenwood, SC, he was a son of Grace Scott Hawkins and the late Tommy Hawkins, Jr. Survivors include his mother of the home; four brothers, James Hawkins, Christopher Hawkins and Anthony Oliver, all of Greenwood and Tommy Andrew Hawkins of Jacksonville, FL; four sisters, Kimberly Hawkins Quarles, Ethel Hawkins, Sharon Thomas and Tametria Palmore, all of Greenwood. Services are 1 p.m. Friday, Nov. 24, 2006 at Springfield Baptist Church (Laurens Highway), conducted by Pastor Andy Young.
Presiding will be Rev. Kimberly Martin and assisting are Minister Melody Norton and Minister Mattie Quarles. The body will be placed in the church at noon. Burial will be in The Evening Star Cemetery. The family will receive friends at the home on Thursday evening. Robinson & Son Mortuary, Inc. is in charge of arrangements. Online condolences may be sent to robson@nctv.com.

Robert ‘Bobby’ Jenkins

Robert “Bobby” Jenkins, 73, of 210-C Brooks Stuart Drive, husband of Mary Covington Jenkins, died Sunday, Nov. 19, 2006 at his home. Born in Charleston, SC, he was a son of Lawton Jenkins, Sr. and the late Rosa Lee Dingle Jenkins. He was a member of Milway Baptist Church, where he was a Trustee. He worked in the construction business for 55 years. Survivors include his wife of the home; his father of Eutawville, SC; one son, Lionel Jenkins of Columbia; four daughters, Karen Moore, Daisy Jenkins, Latekia Jenkins and Selaine Jenkins, all of Greenwood; five brothers, Robert (Bee) Jenkins and Lawton Jenkins, Jr., both of Columbia, SC, William Jenkins of Eutawville, Julius Jenkins of Newberry and Earnest Jenkins of New York; two sisters, Mary Doctor and Della Jenkins, both of New York; eight grandchildren; and one great-grandchild. Services are 2:30 p.m. Friday, Nov. 24, 2006 at Milway Baptist Church, conducted by Rev. Lonnie Jones and assisted by Rev. Bernard White, Rev. Jerry Brown and Rev. David Connor. The body will be placed in the church at 1:30. Burial will be in the church cemetery. The family will receive friends on Thursday evening from 7-8 at Robinson & Son Mortuary. Robinson & Son Mortuary, Inc. is in charge. Online condolences may be sent to robson@nctv.com.

Earl Jester

SALUDA — Earl O. Jester, 87, of 471 Larkin Rice Road, died Monday, Nov. 20, 2006 at his residence.
Born in Saluda County and a son of the late Dan J. and Letie Simmons Jester, he was the husband of the late Lula Mae Smith Jester. He was a US Army veteran of World War II and was retired from Riegel in Johnston. He was a member of Good Hope Baptist Church.
Surviving are a daughter and son-in-law, Sandra Jean Jester Bryan and Tommy Bryan of Johnston, five sisters, Cleo Addy of Ninety Six, Lois Buffington of Saluda, Nina Mosely, Ruth Roark and Nora McKinney, all of Greenwood, two grandchildren and a granddaughter-in-law, Tanja Denise Bryan, Brooks Bryan and Cindy Lamb Bryan, five great-grandchildren and one great-great-grandchild.
Mr. Jester was preceded in death by four brothers, Furman A. Jester, Dannie M. Jester, Floyd Jester and Ralph Jester.
The family will receive friends from 6 until 8 p.m., Wednesday evening at Ramey Funeral Home.
Funeral services will be 11 a.m., Friday, Nov. 24, 2006 at Good Hope Baptist Church with Rev. Steve Justice officiating. Interment will follow in Mayson Memorial Cemetery.

James ‘JD’ Kennedy

James “JD” Kennedy, 60, of 104 Norwich Court, Locksley Hall, husband of Rebecca C. Kennedy, died Monday, Nov. 20, 2006 at Self Regional Medical Center.
Percival-Tompkins Funeral Home is in charge.

Tracy Lamont Martin

McCORMICK — Mr. Tracy Lamont Martin, age 33, died in McCormick, SC, on Nov. 19, 2006. He was born in McCormick on Aug. 3, 1973, a son of Jesse Anderson and the late Dollie Bernice Martin Anderson. He was a graduate of McCormick High School, an employee of Brient Brunetta Construction Company and was of the Baptist faith. Other survivors are a stepdaughter, Dy-Leshia Brennan of Greenwood; a sister, Jessica Anderson, Greenwood; two brothers, Arentha Martin of McCormick and Al Anderson of Spartanburg. Services are Friday at 2 p.m. at Holy Spring Baptist Church with the Pastor Rev. Robert Knox, Jr. officiating. Interment is in the church cemetery. The body is at Walker Funeral Home and will be placed in the church at 1 p.m. Friday. The family is at the home of his companion, Angela Murray, 300 Mims Drive and the home of his brother at Family Road, Highway 378 East.

Opinion

Statistics tell sad story about underage drinking

November 22, 2006

If history teaches anything it’s that it repeats itself. There’s no better example of that than a problem seen all over South Carolina. In fact, we’ve seen it too often in Greenwood. That’s underage drinking.
It’s not something that’s happening now for the first time. Youngsters have been known to try alcoholic beverages for as long as anyone can remember. Maybe it’s being reported more these days, or maybe law enforcement agencies are doing a better job. Whatever it is, hardly a day goes by when there’s not an underage drinking incident noted somewhere in the Palmetto State.
Alcohol and drug abuse authorities say statistics are staggering (no pun intended).
They say that 75 percent of children in the 6th through 12th grades report having experimented with alcohol.

THAT’S STARTLING TO SOME. But, statistics also show that 12 percent of all alcohol consumed in South Carolina is by those under the legal drinking age of 21. It gets worse. Statistics show that 95 percent of adults who are alcohol-dependent began drinking heavily when they were youths.
There are some who see no problem and that in itself is a problem ..... maybe even bigger. Some parents even provide alcohol to youngsters. Some rationalize that “if they (kids) are going to drink anyway, it’s better they do it at home so they won’t be on the highways, etc., etc., etc. ..... excuses go on and on.
So, what to do? Looking at all the statistics on and related to underage drinking, it’s obvious there’s room for much improvement.

IT WOULD APPEAR THAT state lawmakers should look at all liquor laws to determine what might be done to help solve the underage drinking problem. If studies conclude that different laws are needed, or that laws on the books need adjusting or strengthening, or that stricter enforcement is needed, then do what’s needed.
There also should be a comprehensive study to determine how courts deal with underage drinking, parental involvement and every facet of a problem that negatively affects too many families as well as innocent bystanders.
Experience shows that a lot has gone into anti-tobacco campaigns. Why can’t at least that much effort go into preventing underage drinking. Tobacco and alcohol can kill ..... the user or the innocent. The difference is, alcohol can do it in one night ..... or one moment.