Pubdate: Sat, 06 Aug 2005 Source: Sun News (Myrtle Beach, SC) Copyright: 2005 Sun Publishing Co. Contact: http://www.myrtlebeachonline.com/mld/sunnews/ Details: http://www.mapinc.org/media/987 Note: apparent 150 word limit on LTEs Author: Kenneth A. Gailliard Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) SEAL ON DEAL WITH COUNCILMAN CALLED UNUSUAL, NOT ILLEGAL It is unusual but not unheard of that a seal is placed on an agreement to return to an owner property that has been tapped for seizure after a drug raid, a University of South Carolina law professor said. The 15th Circuit solicitor's office has reached such an agreement with James Russell Herring, a Loris City Councilman who was charged last month in a drug bust at his store, Russell's Super Service, which also is called Russell's Stop & Shop. "There's nothing improper about it," said Eldon Wedlock of the University of South Carolina. He said placing a seal on such a deal is unusual unless extraordinary circumstances are involved. Herring, a four-term City Council member, still faces criminal charges, prosecutors said. He was arrested July 6 at his business and faces 14 drug-related charges that include distribution of marijuana and narcotics, and unlawful possession of prescription medications. On the day of his arrest, Horry County police boarded up his business and prosecutors said it was targeted for seizure. Officials in the 15th Circuit solicitor's office said an agreement has been reached regarding Herring's business, but they would not discuss the deal because it has been sealed. Herring's lawyer, Carroll Padgett, also declined to talk about the agreement. Padgett also is contracted to represent the city of Loris, but his relationship with Herring is not a conflict of interest, said Howard Duvall of the S.C. Municipal Association. Prosecutors said the agreement reached regarding Herring's property will have no effect on his criminal charges. Hembree said his office rarely reaches agreements on real property targeted for seizure because few of those situations arise. "The deal could be one that allows the man to continue running his business while the charges are being worked out," Wedlock said. "The real problem here is the sealing of the settlement, because you are left to speculate as to why." - --- MAP posted-by: Beth