Pubdate: Fri, 02 Jul 2004
Source: Post and Courier, The (Charleston, SC)
Copyright: 2004 Evening Post Publishing Co.
Contact:  http://www.charleston.net/
Details: http://www.mapinc.org/media/567
Author: Seanna Adcox
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/topics/goose+creek

MCMASTER TO RULE IN STRATFORD RAID CASE

Decision On Fate Of Officers Due Today

Attorney General Henry McMaster will announce today whether he plans to file
charges against police officers who went into a Berkeley County high school
with guns drawn in a controversial drug raid that netted no drugs and no
arrests.

Lawyers and others with ties to the case speculated Thursday that
McMaster's decision to hold a press conference suggested he does not
plan to prosecute.

Some observers said McMaster, the highest legal authority in South
Carolina, likely would have skipped the trip to Charleston and issued
a press release if he intended to indict, because he would be
reluctant to say much about a pending case.

He would be more likely to call a press conference if he wanted to
explain why he opted not to charge the officers, they said.

School security cameras and a Goose Creek officer videotaped officers
as they ordered students to the floor early Nov. 5 and put plastic
handcuffs on about a dozen. A barking police dog searched their
bookbags but found no drugs. Images broadcast nationwide brought
widespread criticism and two lawsuits from students in the hallway at
the time. The lawsuits have since been combined.

Frederick Jekel, a lawyer for the students, said criminal charges
could drag out the civil case, because officers subpoenaed to give
depositions likely would plead their Fifth Amendment right against
self-incrimination and therefore not answer questions.

"It would make it that much more difficult to get to the truth. People
facing criminal charges are not likely to say anything," Jekel said.
"It changes the whole dynamic. It may forestall litigation."

That doesn't mean he hopes McMaster declines to prosecute.

"If he files charges, it certainly won't hurt our case," he said. "It
couldn't hurt if the attorney general thinks their conduct is so
egregious, it's criminal."

Ninth Circuit Solicitor Ralph Hoisington said he has not discussed the
case with McMaster since he referred it to his office last December.

At the time, Hoisington cited a conflict of interest and said while
the drug search "appalled" him, he would not prosecute Goose Creek
police officers.

On Thursday, he said he had no idea how McMaster plans to handle the
case.

"I have not asked him," he said. "I take recusal seriously, and I
don't meddle in something that I've asked someone else to handle."

McMaster has three options. He could file charges, decline to
prosecute or refer the case to another solicitor in a different part
of the state who doesn't work with the Goose Creek Police Department.

McMaster will announce his decision at 11 a.m. in the Charleston
County Courthouse.

Post and Courier staff writers Glenn Smith and Herb Frazier
contributed to this report.
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