Who will fill the seats?

Court seeks 12 unbiased jurors, alternates for capital murder cases

February 5, 2007

By MIKE ROSIER
Index-Journal staff writer

CHESTERFIELD — A thorough jury selection process in the Steven Bixby capital murder case begins today. On both sides of the bar, it’s the first tangible sign that the trial to decide the guilt or innocence of Steven Bixby, who is accused of murder in the deaths of Abbeville County law officers Sgt. Danny Wilson and Donnie Ouzts in December of 2003, is actually one step closer to reality.
The trial has been delayed several times due to circumstances ranging from the death of a judge in a tragic car wreck to legal wrangling behind the scenes.
Eighth Judicial Circuit Solicitor Jerry Peace thinks that the wait has been long enough — especially for the families affected by the tragedy that occurred on December 8, 2003.
“I feel we need to go ahead and handle the case,” Peace said. “It’s already three years-old, which is abominable. It’s a shame that it’s taken this long. It’s not fair to anybody involved in the process.
“Everyone is ready to go. It’s been extremely hard on the family. They’ve lost loved ones and want to see justice done and it’s not fair for justice to take this long.”
Bill Nettles, the Columbia-based attorney leading the defense effort for Steven Bixby, feels no one should want a trial to begin before all preparations are made and completed.
“No, I don’t agree,” Nettles responded when asked if he thinks the trial has taken too long to get under way. “No American should want either side to have to go to trial before they are ready. No American would want less than that, I think. With that said, I think we’ll be ready.”
The selection process could take anywhere from three days to an undetermined amount of time to complete.
The process began initially with the mailing out of a jury questionnaire to around 500 (around 300 more than would be sent out for a non-death penalty case) Chesterfield residents. Of those residents, the ones receiving the questionnaires should report to the Chesterfield County Courthouse today for additional questioning.
“Of those notices that went out we might have 230 people to show up, or some other number,” Peace said.
Judge Alexander S. Macaulay will see that a fully qualified jury is selected, as there are a number of disqualifications and exemptions which might exclude and preclude certain possible jurors, respectively, from service on the case.
“Judge Macaulay has to ensure that (the eventual jury) is qualified to sit on a death penalty case,” Peace added. A disqualifying factor might be any of the following:
* A person that has a criminal record.
* A person has served on the grand jury in the last five years.
* A person has served on a jury with the last year.
Residents ages 65 and older are exempt from jury service, as may small business owners who prove they are crucial to the day-to-day operation of their enterprise.
Once all disqualified and exempt residents are excused, the court will then divide those remaining into panels of around six persons each. These panels are then questioned by the court, as well as the defense and prosecution. In most cases, four panels can be questioned per day.
Selecting a jury is an exercise in patience for most attorneys.
“It’s repetitive, because you’re questioning a lot of people that you have on how they feel about a couple of fairly narrow issues,” Bill Nettles added. “That’s the goal of the court, to find 12 people who will decide the case not on emotion but on the facts.”
Upon questioning the panel members, Judge Macaulay will make a decision as to whether or not he feels each individual is qualified to sit on a death penalty case.
An example of someone that might be found unqualified to sit on the case are those persons who feel the death penalty wrong in any possible scenario. A person with this opinion on the death penalty would be excused.
“We’ll go until we get around 45 people who are qualified to sit on a death penalty case,” Peace said.
Once those 45 (or however many persons the court deems necessary) death penalty qualified individuals are selected, the remainder of the residents will be excused.
The selection of that exclusive pool is what takes the court and opposing attorneys so long to select the jury, which will be chosen from those 45 (or so) people.
“We could go through all of (the residents that respond to the questionnaire) and not get enough, but that’s unlikely,” Peace said. “Once we get 45 that would be enough. If we get 45 people out of the first 45 (interviewed) then we would stop and that would be the group we pick the jury from.”
The 12 eventual jurors (along with four alternates that will also travel with the jury) will then be chosen.
But first, the prosecuting and defending attorneys will present several “challenges” in the form of select jurors (among the 45 or so residents remaining at that time) they feel should be excluded from serving on the jury.
They will present their cases as to why these particular potentials should not serve on the jury and Tenth Circuit Court Judge Alexander Macaulay will make his decisions.
The state will have five challenges it can make during jury selection, while the defense has 10 at its disposal.
Following the presentation of all challenges (should they even all be needed), the 12-person jury is then selected along with the four alternates that will serve as backups.
In the event of a family or medical emergency for any member of the jury, a fully briefed alternate would be there to ensure the trial continued without delay.
“The alternates will travel with the jury and they listen to all the evidence,” Peace said. “In a death penalty case the alternates are there for the duration as well.”
The length of time it will take to select a jury for the trial portion of Steven Bixby’s case is still anyone’s guess, even for one of the attorneys trying the case.
“I figure between four and seven days, or however long it takes,” Peace said.

Ringtones give phones personality

February 5, 2007

By CHRIS TRAINOR
Index-Journal staff writer

Most people have had it happen at least once.
Maybe you’re sitting in a restaurant, maybe a theater. Suddenly, someone nearby has their cell phone start ringing. But instead of a ring, the sound that emanates is a song you would likely find on a Top 40 list.
Yes, it’s the ringtone. More and more people today are purchasing, downloading and, yes, pirating them than ever before.
Ringtones that play a sample of hit songs have become so popular that Billboard Magazine tracks the most downloaded ringtones, much like the way it charts radio airplay for songs.
The current No. 1 ringtone is the song “Poppin’” by R&B crooner Chris Brown. Rascal Flatts, 50 Cent and the Black Eyed Peas also are in the top 10. The songs can be downloaded from the Internet or purchased through cell phone service providers.
Residents and students around Greenwood are rolling right with the melodious trend.
Lander student Stephen Fields has taken the opportunity to have numerous songs by his favorite band, Lynyrd Skynyrd, downloaded to his phone and available as ringtones.
“Right now I have ‘Sweet Home Alabama’ as my song,” Fields said. “But I have a bunch in there, like ‘Freebird.’”
Another popular feature in the ringtone realm is the ringback tone. These are songs that people can choose for their cell phones that people will hear when they call you and are waiting for you to pick up.
“Whoever invented that was a smart person,” said Zach Evans, who plays for Lander’s basketball team. “You get a little entertainment while you wait for someone to answer. Sometimes, I wish I could listen to the song a little longer.”
Another feature some people like to use with their tones is a certain tone programmed to play when certain people call.
Greenwood’s Marqita Price said she has a special song play on her phone when her boyfriend calls.
“It’s ‘Between the Sheets’ by Ronald Isley,” Price said, smiling. “I’m an R&B type of girl.”
Lander junior Kreig Williams said he uses his ringtones to show his tough and soft sides. When his girlfriend calls, his phone plays “Let Go” by soul singer Neyo. However, when his friends call, the phone plays a rough-and-tumble tune by rapper Ludacris.
Ringtones for phones from most major providers can be purchased from programs downloaded to phones or through Web sites. However, much like music in general today, they also can be obtained for free.
“My boyfriend has a Bluetooth, so he gets ringtones for free,” said Carly Plecha, who said she has Jim Jones’ “We Fly High” and Fox’s NFL theme on her phone. “So I just download them from him.”
Still, some cell phone users just like to have a regular, standard-issue ring.
“Whatever was on the phone, that’s what I use,” said State Trooper Scot Edgeworth. “Special ringtones? Nah, I just use the regular stuff that is programmed on there.”

Bears make it two straight

February 5, 2007

From staff reports

Lenoir-Rhyne’s Rob Mullin had two homers and five RBIs to lead the Bears to a 12-6 non-conference victory over Lander Sunday afternoon at Legion Field.
Taylor MacCurdy, Mullin, Billy Doyle and Hank Wofford had two hits apiece for the Bears (2-1) while Mark Drucker was 1-for-1 with three RBIs before leaving the game with an injury.
Danny Morgan led the Bearcats (0-2) for the second straight day, going 2-for-4 with two RBIs. He had four hits in the two-game series.
Lenoir-Rhyne took a 3-0 lead in the top of the first on two walks, a hit batsman, and Drucker’s two-out, three-run double over the left fielder’s head.
Lander pulled within 3-1 in the bottom of the first when T.J. Guinan walked, moved to second on Jesse Barbaro’s ground out, and scored on Morgan’s single up the middle.
The Bearcats scored an unearned run in the third when Nate Mangiapane reached on an error by the second baseman and scored when the L-R center fielder dropped Barbaro’s fly ball in deep center. Lenoir-Rhyne exploded for four runs in the fourth.
Jordan Ackley walked, stopped at second on Wofford’s single, moved to third when Derek Pugh reached on a fielder’s choice and scored on a wild pitch. After MacCurdy walked, Mullin lofted a three-run homer over the left-field fence to make it 7-2. After another walk, Evan Christian relieved Derrick Wilson and got the final out.
The Bears pushed the lead to 12-2 in the fifth on Wofford’s RBI single, Pugh’s sacrifice fly, MacCurdy’s run-scoring double, and Mullin’s two-run homer over the left field fence.
Lander showed some life in the sixth inning, scoring four times to pull within 12-6. Barbaro hit a leadoff double to right and scored on Morgan’s single to right. After Chris Munn singled and Malcolm McLeod walked, Hunter Ruoss had an RBI infield single, one run scored on a balk, and another came home when Guinan reached on an error. It would turn out to be the game’s final run.
Greg Conrad (1-0) was the winning pitcher for Lenoir-Rhyne, allowing four earned runs on five hits in five innings while striking out three and walking three. Kurt Benton pitched four innings of hitless relief, earning the save.
Bearcats starter Wilson (0-1) took the loss, allowing seven runs on four hits while walking six, hitting one batter, and striking out five in 3.2 innings. Christian allowed five runs on six hits in 2.1 innings. Nathan Roubicek threw two scoreless innings, allowing one hit while walking one and hitting two. Casey Pippin finished up with one hitless inning of relief.

Obituaries

Danny Driver

ABBEVILLE — Danny Lee Driver, 43, of Abbeville, husband of Cindy Shuler Driver, died Saturday, Feb. 3, 2007, at his residence.
He was born in Anderson, to Hazel Phillips Driver and the late Roy Elbert Driver.
Danny was a member of New Life Worship Center and was a beloved husband, father, and grandfather.
In addition to his father he was preceded in death by his son, Dustin Lee Driver.
Surviving Danny is his wife of 24 years of the home; a son, Scotty Driver and his wife Candace of Abbeville; three brothers, Shane Driver, Carey Driver, both of Abbeville and Donnie Johnson of Belton; a sister, Elaine Carswell of Abbeville; three grandchildren, Cailet and Austin Driver and Christopher Turner; also a host of extended family and friends.
The family will receive friends from 1:30-2:30 p.m. Tuesday, Feb. 6, 2007 at Harris Funeral Home. Funeral services will be 3 p.m. Tuesday, Feb. 6, 2007 in the funeral home chapel. Burial will follow in Emmanuel Baptist Church Cemetery.
In lieu of flowers memorials may be sent to the care of his mother, Mrs. Hazel P. Driver, 905 S. Main St. Abbeville, SC 29620.
Online condolences may be sent to the Driver family by visiting www.harrisfuneral.com.
Harris Funeral Home of Abbeville is assisting the Driver family.

Richard R. Jayne

Richard R. Jayne, 76, of 122 Pucketts Cove Road, died Saturday, Feb. 3, 2007, at his home.
Mr. Jayne was a graduate of Drexel University and attended the University of Philadelphia Law School. He was a 1st Lt. in the U.S. Army during the Korean War. After serving as investment manager for the Catholic Archdiocese of Philadelphia, he retired in Greenwood in 1993. During retirement, Mr. Jayne served on the Investment and Finance committees for the Diocese of Upper South Carolina and Church of the Resurrection. He also served on the Board of Directors for York Place.
He is survived by his wife, Christine W. Jayne; his daughters, Stephanie G. Jayne of Jacksonville, Fla. and Tracy A.
Jayne of Dayton, Ohio; his sons, Jerold B. Himes and Jeffrey N. Himes of Charlotte, N.C., James V. Himes of Livermore, Calif.; his son-in-law, Mark Crews; daughters-in-law, Patricia P. and Tracy S. Himes; six grandchildren, Ginger Nance, Christine Navarro, Jennifer, Stephanie, Nathaniel and Adam Himes; and great-grandson, Andrew Navarro.
Memorial services will be held at 1 p.m. Tuesday, Feb. 6, 2007 at Church of the Resurrection, Marion at Main St. The family will receive friends at a brief reception preceding the service at 12 p.m. in the church hall.
The family has requested that in lieu of flowers, contributions be made to the Church of the Resurrection or HospiceCare of the Piedmont Inc., Greenwood.

Bonnie D. McKerley

ABBEVILLE — Bonnie D. McKerley, 44, of Abbeville, wife of Jimmy McKerley, died Sunday, Feb. 4, 2007, at her residence.
She was born in Tampa, Fla. to the late Raymond and Doris Sisk Barton.
She is survived by her husband; two sons; three daughters; a brother; and a sister. Funeral services will be at a later date.
Harris Funeral Home of Abbeville is assisting the McKerley family.

Otis R. Ross

WARE SHOALS — Otis Ray Ross, 70, of 2322 Poplar Springs Road, husband of Clarice McCoy Ross, died Sunday, Feb. 4, 2007, at Self Regional Medical Center.
Services will be announced by Parker-White Funeral Home.

Robert Swilling

Robert Weldon Swilling, 64, resident of 4218 Highway 178 South, husband of Rose Marie Browder Swilling, died Feb. 3, 2007, at Self Regional Medical Center.
Born in Greenville, March 25, 1942, he was a former employee of Greenwood Mills, Jarvis Cutting Tools, Emerald Center Service Station and Winn Dixie Grocery, bypass location. Mr. Swilling was a member of South Main Street Baptist Church and the Burton Center Senior Room.
Surviving in addition to his wife of the home, are an aunt, Dorothy Holcomb of Miami; two brothers-in-law, Carliss Browder of Omaha, Neb. and Robert L. and wife Brinda Browder of W. Columbia; two sisters-in-law, Jean B. McCraw and Benny Jo Cook, both of Lexington; several nieces and nephews.
Funeral services will be conducted at 1 p.m. Tuesday from the Blyth Funeral Home Chapel with Reverends Sam Thomason and George Hill officiating.
Burial will be in Oakbrook Memorial Park.
The family is at the home on Highway 178 and will receive friends at Blyth Funeral Home from 12-1 Tuesday afternoon. Memorials may be made to the Burton Center, P.O. Box 3004, Greenwood S.C. 29648.
For online condolences, please visit www.blythfuneralhome.com.

Jo Ann Warren

Jo Ann Warren, 59, of 543 Goode St., wife of Walter Warren Sr., died Sunday, Feb. 4, 2007, at Self Regional Medical Center.
The family is at the home.
Services will be announced by Percival-Tompkins Funeral Home.

Opinion

Expect free everything? How long before nothing?

February 5, 2007

We see it all the time in South Carolina. No matter which way we look there is always someone there who expects the government to take care of him. In fact, there’s nothing all that new about many Americans wanting and expecting government to be all things to all people.
That’s an attitude that has grown exponentially with every giveaway program the government has come up with, and there have been plenty. The late President Lyndon Johnson’s “Great Society” approach institutionalized all kinds of depend-on-government “entitlements” that added to the overall problem.
The dependence on government creates a general attitude that is a byproduct of every socialist society: The more someone is given by government, the more that parson wants from government ..... and it repeats itself over and over.

FREE HEALTH CARE? FREE EDUCATION? Free food? Free rent? They are expected more and more and in some cases becoming a demand.
That’s already obvious. If it’s not total support, it’s a subsidy.We apparently convince ourselves that socialism is OK, choosing to believe that “it’s government money,” and doesn’t negatively impact taxpayers.
Think again!
If we keep expecting everything from government we eventually will lose any initiative to work and take care of ourselves and our families. With that occurring, and it is - the evidence is all around us in Greenwood and all over the nation - how long will it take to devolve into a socialist government in every respect? Are there doubters? Look around.