April is Sexual Assault Awareness Month

April is Sexual Assault Awareness Month, and Charleston is getting involved by hosting some powerful events for our residents.According to the Post and Courier, “People Against Rape will hold its Take Back the Night march and vigil from 7-9 tonight in Charleston.The one-mile march will start at the Unitarian Church on Archdale Street and continue through the College of Charleston’s campus.”This event will honor survivors of violence in our area.Another event will be hosted on April 26 by People Against Rape, this one at Marian Square. This year’s theme is Stop the Violence, and attendees will be treated to a talk by victim advocate Alison Jennings.Charleston will also host a summit on sex trafficking next week at MUSC. The event will feature Lisa Williams as speaker. Williams works with victims of trafficking through Living Water for Girls and Living Water Learning Resource Center. According to the Post and Courier, “The summit is organized by the Charleston Alumnae Chapter of Delta Sigma Theta Sorority.”Perhaps the most compelling part of the summit comes in the form of a community workshop and panel discussion. The Post and Courier states, “The panel includes law enforcement, legal services and legislation advocates. The workshop will feature Austen Brown Williams, a former Miss Teen SC and last year’s Mrs. America when she was living in Texas, whose platform was human trafficking awareness.”Registration is required at charlestonalumnae-dst.org.

Over a month after his controversial DUI arrest, Berkeley County Sheriff Wayne DeWitt has resigned.

Dewitt feels he has cast a shadow over the Sheriff’s post, a position he has held for 20 years. His arrest on December 28 sparked a public outrage and cause many citizens to call for his resignation. Dewitt fled a crash site, attempting to evade police driving at 108 mph.

According to the Post and Courier, Dewitt said, “I know and understand the entire situation is the product of my own failures…as an elected official, as sheriff and as a person, I recognize that I must be held accountable. … I can no longer be an effective public servant regardless of how the legal process unfolds.”

Gov. Nikki Haley will eventually choose a replacement for Dewitt, although no prospects are known. Chief Deputy Rick Ollic, will assume the role until Haley makes her decision.

According to the Post and Courier, “Haley accepted DeWitt’s resignation and responded by writing in a letter that his “seat shall be filled in the manner according to law.” She has the authority to appoint his replacement until a special election can be held…“We’re still doing what we need to do to take care of the citizens of the county,” Ollic said. “It’s difficult when these things happen. But the important thing is to keep our employees moving in the right direction.”

At the Mastantuno Law Firm, we frequently represent our clients at bond hearings and are often faced with trying to get high bonds reduced. Unfortunately in today’s legal system, defendants charged with minimal crimes often sit in jail much longer than necessary. The truth is sometimes they are not able to pay the bond required for them to be released until their court date.

In order to understand this issue further, it’s important to understand the difference between jail and prison. According to the Washington Post, “Convicts are sent to prison to serve their sentences, but people generally go to jail for short periods while awaiting a hearing or a trial. Far more Americans go to jail in a given year than to prison, although most of them have not been convicted of any crime. Then there are those with mental illnesses who simply don’t have other options. And increasingly, jail has become a de facto punishment for poverty, as the poor are forced to remain there in lieu of bail while awaiting trial…”

While some defendants are given personal recognizance bonds where they are not required to pay and are trusted to show up at the court date, others find themselves facing a high fee and often have to involve bail bondsmen. For people living in poverty, the inability to come up with a few thousand dollars means the difference between sitting in jail for 1 day, or indefinitely until the trial is scheduled.

Even a few days of missed work can result in unemployment for these citizens often working low wage jobs to begin with.

Many feel more attention needs to be paid to a defendant’s flight risk when setting their bond.

According to the Washington Post, “John Pfaff, a law professor at Fordham University, said that the equations that agencies…use to evaluate defendants are becoming more reliable, as researchers and statisticians examine more data and refine their techniques. “We actually have increasingly good models of who poses a risk and who doesn’t pose a risk,” he said, adding that in jailing those who are unlikely to flee or commit additional crimes, “We’re spending money that we don’t have to spend. We’re disrupting lives that we don’t have to disrupt.”

South Carolina has long had a domestic violence problem. Our Governor, Nikki Haley, is now attempting to tackle that problem by chairing a new domestic violence task force. Instead of focusing on penalties convicted abusers receive, Haley plans to address South Carolina’s culture of violence against women.

Haley isn’t the only one who thinks fixing this culture is the first step in curbing the state’s high rate of women being killed by men.

According to the Post and Courier, S.C. Chief Justice Jean Toal said, “When they get to court, things are already so broken,…Community people … need to be empowered to intervene, report these matters, get the kind of intervention in people’s lives before the crime occurs.”

By the end of 2015, the group will make recommendations in three areas: the criminal justice system, services for victims and offenders, and community awareness. According to the Post and Courier, “the force will consult church groups, police, prosecutors and advocates, along with a long list of state agencies, from the Education Department to the Board of Cosmetology.”

While Haley is sure to have supporters in this effort, the task force is also facing some doubt. Some feel the Governor is trying to consult with too many groups that may slow down the process. However, quarterly meetings that are open to the public will be held so that these concerns can be heard.

On December 28, 2014, Berkeley County Sheriff Wayne DeWitt was arrested and charged with Driving Under the Influence and Leaving the Scene of an Accident with Injuries. Dewitt, who has served as Berkeley County’s sheriff since 1995, is set to appear in court in February.

DeWitt’s arrest highlights a troubling trend among South Carolina Law Enforcement. Five of our 46 sheriffs have faced criminal charges in the past three years. (wbtw.com)

DeWitt was given a personal recognizance bond at his hearing on Sunday evening in the amounts of $10,000 and $997.

Sunday’s incident has also caused some to question state law regarding sheriffs’ arrests. DeWitt was arrested by state Troopers, however, in South Carolina, only the coroner has the authority to arrest a sheriff.

But is that really the case? According to ABC News Charleston, “Highway Patrol officials say Troopers have the authority to arrest anyone without limitations, and cited state law as evidence that gives them the same power as sheriffs in making arrests.”

DeWitt was driving his county-owned Ford pickup truck Sunday when the incident occurred. The collision left another driver rear ended, and resulted in Dewitt fleeing the scene. The 21-year-old victim was treated and released from Trident Medical Center.

Hanahan police located the truck around 5:50 a.m. and arrested Dewitt after confirming he was the driver, and after he failed a field sobriety test. Dewitt’s license was automatically revoked after he refused to take a Breathalyzer after being taken to the Al Cannon Detention Center.

By Bill Sharpe – bio | emailBy Live 5 News Web Staff – email

COLUMBIA, SC (WCSC/WIS) –

Miss South Carolina Brooke Mosteller told Live 5 News’ Bill Sharpe on Thursday that she apologizes for what she said at the Miss America Pageant last week.

In her first television interview, Mosteller said she’s sorry for the comments she made about 20 percent of the state living in mobile homes, and “that’s how we roll.”

“I really am sorry for doing this and for taking that huge, incredible opportunity that those Miss South Carolina judges gave me and entrusted me with to go and represent the state to the best of my ability, and I did it with a lack of judgement,” Mosteller said on Thursday.

Mosteller said she felt uneasy about saying the statement regarding mobile homes on the Miss America Pageant and her “inner voice” told her it was wrong. It was seven seconds she wished she could take back.

“When I would question it or feel a little uncomfortable about it, I would voice my concern, but pretty much everyone I asked about it at the pageant said ‘This is funny and you have a great personality,’” Mosteller said.”I really just should have used my better judgement and really  listened to my instincts that there is a downside to this and it could be offensive to people.”

Court gives Facebook likes the thumbs up. (Source: CNN)

(CNN) – A U.S. court has ruled that “likes” on Facebook are protected as free speech under the Constitution.

The case came about when employees at Hampton Sheriff’s Office in Virginia lost their jobs after expressing support for their boss’ opponent by liking the opponent’s Facebook page.

Facebook and the American Civil Liberties Union became involved, both filed friend of the court briefs for the case.

The decision reverses an earlier ruling that said “likes” were just button presses.

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