Ne SNe att Alternatives a NewsMagazine i a 4) steppin’ Pree Crys Pd Story on pages 10 a Perea2 JULY 15- JULY 29, 2010 Alternatives MyrtleBeachAlternatives.com Intentional Use of Deceit and Fraud i In the Southern Holdings Case By Paul Gable [Aken Bridges Fm in Ference. The tape be withthe truth, we was gen drecty to him by te sheds wil rvesignie a dt Looking further into the judge's denial depariment ferent version ofthe corde; dated August 13,2008, ofa motion to "Fatal possbie, we ae asking SLED ‘0 tape story submited vaca the jxgment an rescind the sele- take possession of the tape to use your by him for the cour ‘ment agreement of May 9, 2007 in the expersein detemining ite tape has infact record. ‘Souhem Holdegs eta Homy Countyetal. boon red” in an Api 13, leuut, one words the juige can read Theplanishadboen tying since August 2007” response: ‘and comprehend the Engishlanguage. 2000, through @ seres of subpoenas, signed by Salecby In his denial order of Judge R. Bryan motions and cru order, fo ge the orignal and submited to the Harwel recognizes that Rule 60 of the tapes fr analysis wut ever beng abet couras Defendants Federal Rules of Cl Procedure ‘provides obtain them. As rete above, Can was ii Opposition to ‘hatacoutmayreloveaparycrislealrep- the orginal videotapes were “et avalable” Paaintifs' Second resentative fom a fal dorert, order, Or Yet Pars Geary conradcted that sitorert Moton to ske Noo! proceeding fr one or more ofthe folowing when he Od SLED the orgnals were inthe Herold as an Expert reasons.” Reason ruber 3 in Harwells possession of the Budget and Contol Wness, Salby decusson slates, 3) fou, misropresenta- Boards defense storey. rtonional use of sated, “in lte 2004, "fon, or misconduct by an opposing ary” deat is fad Pursuant othe Order Latrin is don, Harwell state, “On the To make matters worse, the defondanis of is Cour, Hea ssufoce, Paris alegatons appear cor- and ther atemeys concocted a scheme to analyzed 3. video sie sefous misconduct which, i tue, got the tapes "analyed” by the FBI in dear tapes sent io the FBI ‘could warant anew ta, sanctons, and d=- volt of federal au, which stats thatthe by SLED in order to ‘pn bythe Sate bar. However, upon dos- FBI may not analyze any evidence ina iil determine whether Crexaminaton, the cours spy inable case thathe federal govermentoranyafis not the tapes. had tered or ete” find Geer and convincing evidence of mis- _agonces are not a pty been inlendonaly ected or othewise tam- SLED says you ordered the tapes to go conduct ISLED sent the tapes ‘0 the FBI on pored with...Thus, shad the Cour parmt othe FBI Saleeby says you dd and you Frauds dened asthe itenional use of December 15, 2001, accompanied by alter Steve Cain 1 testy, Herds testmery wil ca, depending what he addressing at cece inthe Lavicom onine legal Gcionayy. fom Caplan David Caldwell of SLED "© be cucialo rebut tho ime. You say you didnot order th tapos Contrary 10 the judges concusors quoted Kery Haynes of te FBI, Calwalls leer Horo, Slesby contacts his statement _togoto the FI, yet hey did in viaton ofthe above, the evidence deaty demonstaies statedin part" Judge. Bryan Harwellofthe of two months before by now saying te law, fraud, misrepreseniaton end misconduct on US. Distt Cox hes ordered that SLED examination ofthe apes was oer bythe In anchor hiorstng aspoct ofthe cas, ‘he patt of the defendants (Hony County, daivertothe FBI the tree (3) enclosed VHS cout Irtnional use of ook fraud. on September 22,2003, Judge W. Staley Hory County polce offers and Hory videolapes forthe pupose of eaminaion to Three weeks lator. Saloby &s back in Houck, to|uige onthe case before he was County She's cepts) andthe atomeys. determine f they have been alered ed. courtand his sry changes aga, replaced by Harve sued @ minute order Videotapes carded inthe pace cas of ed” Harll again adtressed the issue of a "forthe Hory County defendants ou over Horry County Police ofcers Jay Braneyand Aso accompanying the apes was Cout cout order fr te tapes tobe examined du- by December 1, 2003, for examination by (Chuck MeLendon were key pleors of ev+ Order 127, signed by Harwol on December ing a May 4, 2007 maton hearing plains) forensic experts (1) te actu, dence inte awit 10,2008, The defenders aflomeys daimed Harwell, "Butltme aise something. tnedied “rgal'polce videotapes record: Even though the ofignal videotapes, on many occasions at 127 wasanerderby im doing this because | ake my dbigaton ed athe scane on August 6, 2000 2) bath recorded by an in car vdeo camera, were Harval fo have the tapes analyzed by the sors, as thse of you who know me or cameras and reorders Used to record the requested by the plans ony copies of te FBI \ahohave know mealongtine.|wasqlane- “erga” poe videctpes at te san.” \idoolapes wore provided io ins video- Harve, on the oher hand, denied he ing trough the videckpe depostion of Mr. The cameras and recorders were perma {ape analyss expert Steve Cai'on March 2, ordered the FBI fo examine the tapes and Herod andthere wasrotancbjecon made, _nenty stalled nthe police cise used by 2004 wi the notaton tat the ‘gel video- sid 127 was merely a“shopherdng ctor” but thnkitsincumbenton me osua sponte the respecsve oir. Brady's user was {apes othe indent were notavaable” forthe apes. raise i and fm not pking tat fore was taken out of sere on October 11, 2003, In Cains repot to Paints atiomey The cout recad dary shows dng a any ilentonl mscharatezaton at al, but coating to Hony County recor, rsdn Nicool Goldberg, dated Marc 16,2008, he February 8, 2007 mations hearhg Harwell Mr Herd was nol to my knawedpe, 706 in te oss of the camera and recorder ‘oled a number of anomalies in te tapes sled, on page 10 of the hearing Wanscicourtappoited exper. | signed a consent instaedinthe car and used record the og ‘hat iccate “he possity fins eding “Because ofthe sarousness of aca that order atthe lawyers gave me, hat basa inal tapes of he August 6, 2000 nent “Al of two above anomalies cast sotous the videckes fave been altered, SLED lydeatwth shopherdngthese tapes around, When later questoned on tis, Hory xb concaing tbe authently of poten wariod to lok alt wih the help ofthe FBI © and that was in 2004. I dont know whet’ County Poles Chef Johnny Morgan suomt- lhe crignalvtectape fom which Exnbt- do thei om independent evew of Is that yallnonded tto bea 706 exper, but dont ted an afdavit to te court sat that here 2 was reportedly manufactured bythe Hoy coect?” thnk tis order designated him a 708 cout- was no record of whathappened tthe cam- ‘County Poice Depatnent‘Can conciuted. On page 10 of he rasa atomey Jay appointed exper” (2 and recorder are the coun atomey When Danny Panis, Senior Litgaton Salooby, reresening Hory County in to Harwol asks Saleeby ats coroct and inal stated tat the vehicle was removed Consultant of the Office of Insurance case, responds, When fereisaclam ofthat be responds, “Absolutely your Hance” fom sence in 200", Reserve Fund of the S.C. State Budget and nature, 2 loca law enforcement agency & Sanda Senn, atomay for tbe Hony Irentonal use of dec rau, Fd is Cont! Beerd (the agency that was on be being vestgated by SLED, so SLED want: CounlyPoion Departmen, quesionshawihe a reason to ‘warrant @ new ch sanesons, ‘ookto pay any monetary judgments avard- edotekothetapes. SLED does rothave the tapes goto the FBI Hanvel ditcrder and iscpne bythe State bar” accascing 0 do the plas) eared trate plans capzcty fo evakate the tapes thensehes, Sen" your honor dn how dit get your awn denial order Judge Harve were log the apes wore ediod he sant that Is why SLED thought nocessary to tote FBI ‘Yet, you, judge, conchde, "However, leer datod November 23,2008 to Major soto fhe FB” Harv gotto the FB, 2s understand upon closer examination, the courts simply Mark Kool of the SC. Stato Law —Saleeby deaty is bong doco in his because it was ready in he press of unable fo find dear and convincing even Enforornt Onsen ansver Pars old SLED to got he tapes, beng mad over” of misconduct” in the letlor Paris stated, “As you are thee was no iwesigaion going on. SLED WRONG jal! submit you judge, the only reason you aware, tbe Budget znd Contol Board doos tld he Fhe tapes were being sentioitby __-Readthelete of SLED tothe FB which cai ind car anc Conicing evidence of ‘nol wish o be paced ina postion of defend- cout oer. The udge says SLED wartod 10 speciically sates, Judge R. Ban Hanwell misconduct is ether because you are nt |ng ciminal actions oF appareny paying off Jookatthe tapes wih hehapoftheFBliode ofthe U.S. Dist Cour has ordered that abet read and comprehend the evidence veins of abuso if such has occured. The ther osnindopendentreview rtontonal use SLED dolver to the FBI the tee (8) presented in the court record in clear ‘final ape ofthe top isin the possosson of doco aud enclosed VHS videotapes othe purpose of Englsh, or you dot want to. ‘of cur defense atoney, Robert E Lee, ofthe Todemonsrate hawcreatve Saleeby can examinalon o detemine if they have been Intentional use of deceit fraud.