<?xml version="1.0" encoding="UTF-8"?> <!-- generator="Zoho Sites" --><rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom"><channel><atom:link href="http://www.mcbratneylawfirmpa.com/blogs/feed/" rel="self" type="application/rss+xml" /><title>Legal News - Blog</title><description>Legal News - Blog</description><link>http://www.mcbratneylawfirmpa.com/blogs/</link><lastBuildDate>Fri, 26 Jul 2019 08:35:59 -0700</lastBuildDate><generator>http://zoho.com/sites/</generator><item><title><![CDATA[SC Supreme Court abolishes ‘common law marriage,’ couples now required to get license JULY 24, 2019]]></title><link>http://www.mcbratneylawfirmpa.com/blogs/post/SC-Supreme-Court-abolishes-common-law-marriage-couples-now-required-to-get-license-JULY-24-2019/</link><description><![CDATA[<div></div>]]></description><pubDate>Fri, 26 Jul 2019 15:35:59 +0000</pubDate></item><item><title><![CDATA[SIX FIGURE SETTLEMENT FOR USE OF DEADLY FORCE BY POLICE]]></title><link>http://www.mcbratneylawfirmpa.com/blogs/post/Enter-your-post-title/</link><description><![CDATA[<div><div><div><p><span> </span></p><p class="MsoNormal" style="text-indent: 0.5in;"><b><span style="font-size: 12.0pt;">On December 14, 2016, the Georgetown County Probate Court approved a six-figure settlement for the benefit of the child of Valerie Harrington, a 36-year-old woman shot and killed by Georgetown County Sherriff’s Deputies on July 12, 2014.</span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;"> </span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;">  This settlement ends a wrongful death lawsuit against Georgetown County, the Georgetown County Sheriff’s Office and three of its deputies filed by Reta Abbott, mother of Valerie Harrington and personal representative of Harrington’s estate.  The lawsuit was originally filed in the Court of Common Pleas for Georgetown County and was moved to the Charleston Division of the U.S. District Court of South Carolina.</span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;"> </span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;">  Plaintiff Reta Abbott is represented by James T. McBratney, Jr. and Holly H. Wall, both of the Florence County Bar.  “There is no amount of money that can replace Lexi’s mother,” Attorney Wall stated. “We can only try to make Lexi’s life as comfortable as possible after such a tragic loss.”</span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;">When pressed for details about the settlement, Attorney McBratney stated that “after months of intense negotiations, the settlement is structured to provide for Lexi’s education and the following twenty years of her life.” </span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;"> </span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;">  </span></b></p> <p class="MsoNormal"><b><span style="font-size: 12.0pt;"> </span></b></p> <br><p></p></div></div></div>]]></description><pubDate>Tue, 20 Dec 2016 18:16:57 +0000</pubDate></item><item><title><![CDATA[The Killing of the &quot;Almost Perfect Daughter&quot;]]></title><link>http://www.mcbratneylawfirmpa.com/blogs/post/The-Killing-of-the-Almost-Perfect-Daughter/</link><description><![CDATA[<div><div><div><p><span> </span></p><p>By <span>  </span> <b>Wayne Drash </b>, CNN </p> <div> <img src="http://i.cdn.turner.com/cnn/interactive/2014/12/us/cnn-guns-project/media/cnn-guns/dead-01.jpg"> <p>FAMILY PHOTO </p> <p>Valerie Abbott Harrington adored her 3-year-old daughter, Lexi. It was Valerie’s mother, Reta Abbott, who called authorities on July 12 to seek help for Valerie when she threatened to harm herself. </p> </div> <p>The voice on the phone speaks in a soft, polite tone tinged with a few cracks from worry. Reta Abbott tells the 911 dispatcher that her daughter is posting suicidal thoughts on Facebook. </p> <p>“I mean, she needs to be in a hospital,” the mother says. </p> <p>Abbott called the Georgetown County Sheriff’s Office in Litchfield Beach, South Carolina, at 4:57 p.m. on July 12. At times, the mother seems almost apologetic for seeking law enforcement’s help. The 911 operator responds with compassion: “All right, we’ll have someone go over there and do a welfare check for her, OK?” </p> <p>Mom: “I’m telling you, she may seem normal, but she is not. So please, get – you know, she needs to be in a hospital – not in a jail cell, but in a hospital. Thank you. OK?” </p> <p>Valerie Abbott Harrington graduated at the top of her class from Sardis High School in Sardis City, Alabama, in 1995. She was a gymnast, softball star and pianist – “almost the perfect daughter” in her parents’ view. She earned a chemical engineering degree from Auburn University in 2000 and climbed the ladder at International Paper to become an area manager, first at a mill in Alabama and then at one in South Carolina. </p> <p>There, she met Joey Harrington. They had a quick romance and moved in together. Four years later, he proposed and they soon learned she was pregnant. Their daughter, Lexi, was born on April 1, 2011. </p> <p> </p> <div> <div> </div> </div> <p>A photograph shows Valerie Harrington holding her young daughter, who is dressed in a pink butterfly shirt, her hair in a pigtail. Harrington beams with a radiant smile and stands next to her own mother – three generations of family. </p> <p>But Harrington’s life began to unravel over the last year. A bitter divorce in the spring ended with an agreement for joint custody of Lexi. By this summer, the relationship with her former husband soured further. </p> <p>On June 22, Harrington was arrested for sending a flurry of nasty text messages to her ex-husband. She was then fired from her job at International Paper after 14 years. </p> <p>The day Reta Abbott called the sheriff’s office, she’d just returned home to Alabama after visiting her daughter. During that trip, she’d taken her handgun away because the mother was concerned about her daughter’s mental health. </p> <p>Harrington confided to her mom that she was being bullied and harassed by people she once considered friends. “They’re going to kill me. Nobody believes me, but they’re going to kill me,” she told her mother. </p> <div> <img src="http://i.cdn.turner.com/cnn/interactive/2014/12/us/cnn-guns-project/media/cnn-guns/dead-02.jpg"> <p>GEORGETOWN COUNTY SHERIFF’S OFFICE </p> <p>Joseph Wilson, left, a decorated member of the Georgetown County Sheriff’s Office in Litchfield Beach, South Carolina, fired multiple shots after arriving at Harrington’s apartment. He remains on leave pending the outcome of the investigation into the shooting. </p> </div> <p>On Pinterest, she had pinned a quote: “Love never dies a natural death. It dies because we don’t know how to replenish its source. It dies of blindness and errors and betrayals. It dies of illness and wounds; it dies of weariness, of witherings, of tarnishings.” </p> <p>Early on July 12, Harrington unleashed a tirade on Facebook. She lashed out at folks and some hit back with vicious comments. She changed her profile photo to a honey badger, the “badass” Internet meme and viral YouTube sensation, the “most fearless animal in all of the animal kingdom.” </p> <p>When one friend asked about the photograph, Harrington said, “It's a honey badger. I'm a honey badger. Look it up.” </p> <p>The Facebook messages grew darker, more worrisome. She posted about the desire to kill herself; she said her estate should be left to her daughter. </p> <p>Valerie’s ex-husband, Joey Harrington, says mutual friends told him what she was saying on Facebook and he contacted the Georgetown County Sheriff’s Office and spoke with a deputy around noon that Saturday. He says he told the deputy his ex-wife needed help from the Waccamaw Center for Mental Health, but was told it was closed on weekends. </p> <p>“I told the guy: ‘Somebody is gonna be sorry for this.’ That was my exact words.” </p> <p>About five hours later, Valerie Harrington’s mother called authorities after hearing from her daughter’s attorney about the Facebook postings. </p> <p>That call prompted three deputies dressed in bulletproof vests to show up at Harrington’s apartment. She wouldn’t open the door, so they got a key from a manager and entered. </p> <p>At 6:14 p.m., an officer from the scene can be heard over the sheriff’s office radio traffic, saying, “Shots fired! Shots fired!” A woman at dispatch screams, “My God!” </p> <p>Seven seconds later, another shot is heard, with an officer again yelling, “Shots fired! Shots fired!” </p> <p>Deputy Joseph Wilson, a four-year veteran of the sheriff’s office and decorated member of the force, fired all of the shots. </p> <p>He has been suspended while the shooting is investigated, according to the sheriff’s office. </p> <p>Training aimed at empathy </p> <p>Valerie Abbott Harrington, 36, was killed inside her apartment, authorities say, after she charged deputies with a knife. She was shot seven times, according to her family. Authorities have refused to comment about the number of shots fired or how many times she was struck. The coroner’s office would say only that she was hit “multiple times.” </p> <p>Across the nation, law enforcement officers often encounter people with mental health problems. Sometimes, they have a long history of serious mental illness -- those suffering from schizophrenia, bipolar disorder or severe depression. Other times, police are summoned in a mental health crisis driven by divorce, unemployment or another bad break that has spiraled out of control. </p> <p>All too often, mental health advocates say, these incidents end tragically. To better prepare officers for such situations, more than 3,000 law enforcement departments have put their personnel through Crisis Intervention Team training, known as CIT. </p> <p>During the 40-hour course, police meet people with mental illness and their families, tour mental health facilities, and train for an array of scenarios. CIT is meant to teach officers to respond with empathy while maintaining their own safety. That way a situation doesn’t escalate into violence. </p> <p>“Law enforcement needs to recognize that at times, it is the wise officer who can conceal their combat-ready status,” says Michael Woody, the president of CIT International, which works with local, state and federal agencies to hold the courses. </p> <p>Wilson, the deputy who shot and killed Harrington, was one of nine county deputies to earn an honor for outstanding service in 2013. In March of this year, he’d undergone annual training for firearms and Taser. Three months later, he trained with sniffer dogs. </p> <p>A photograph from June shows Wilson dressed in a black baseball cap, black T-shirt and green cargo pants, a handgun holstered on his hip. He holds the leash to Diesel, a giant bloodhound belonging to the sheriff’s department. </p> <p>Although CIT training has become popular across the nation, it is not required by law or mandatory for law enforcement. The Georgetown County Sheriff’s Office says Wilson did not have CIT training. </p> <p>Could it have prevented the tragedy of July 12? </p> <p>A troubling debate </p> <p>Valerie Harrington was buried next to her great-grandparents in a cemetery in Alabama. Her parents, Roger and Reta Abbott, are left with unanswered questions. </p> <p>“To date, no one from the Georgetown County Sheriff’s Department has called us to let us know that our daughter died,” Reta Abbott says. “Unless you’ve lost a child, you have no concept of the hurt and the grief.” </p> <p>The mother called authorities with the best of intentions; now she lives with an indescribable emptiness. “If I could take that one phone call back, I would,” she says, crying. </p> <p>“It not only compounded our grief,” Roger Abbott says, “it’s made us angry, hurt, revengeful – everything. It just makes us mad.” </p> <p>In South Carolina, a little girl keeps asking for her mother. “What do you tell a 3-year-old? It’s rough. It’s killing me,” Joey Harrington says. “I just simply told her: ‘Your momma’s gone to see Jesus and she won’t be coming back.’” </p> <p>In the quiet community of Litchfield Beach, the shooting prompted a troubling debate among residents: How much of a threat could a 100-pound woman have posed? At what point is force considered excessive? </p> <p>Others ask: What did she expect for rushing at police with a knife? </p> <p>Police traditionally operate on a “21-foot rule”: A person within 21 feet of an officer can kill, injure, or overcome police before they can draw a weapon. </p> <p>A state investigation into the shooting was turned over to the local prosecutor, Solicitor Jimmy Richardson, in mid-September. Richardson must now decide whether to prosecute Wilson. He will not comment on the matter until he reaches his decision. </p> <p>Valerie Harrington’s family wonders just how much justice will be pursued. State investigators, they say, never spoke with them. </p> <p>Her mother sums up the shooting this way: “It should never have happened.” </p><p></p></div></div></div>]]></description><pubDate>Fri, 27 Mar 2015 19:11:28 +0000</pubDate></item><item><title><![CDATA[1.6 Million Dollar Verdict]]></title><link>http://www.mcbratneylawfirmpa.com/blogs/post/1-6-Million-Dollar-Verdict/</link><description><![CDATA[<div><div><div><p><span> </span></p><p> <span>LEXINGTON, SC </span> <span> </span>— A Lexington County jury late last week took two hours to deliberate before awarding a woman $1.6 million in actual damages in a <span>&nbsp; </span> <b> </b>civil case in which she claimed she was hounded by the Richland County Sheriff’s Department, strip-searched and tossed in jail on felony charges that were later dismissed. </p> <p>The case of lawyer Kay Paschal, who won the verdict against Sheriff Leon Lott, involved a dispute over a dead Columbia businessman’s multimillion-dollar estate, issues of sheriff’s department jurisdiction and charges of exploitation of a vulnerable adult. Questions also arose about <span>&nbsp; </span> <b> </b>whether one of Lott’s deputies was too personally close with heirs of the dead man. </p> <p>Under S.C. law, sheriffs are responsible for the actions of their employees and are named in lawsuits as defendants. Lott testified briefly during the five-day trial last week, telling the jury he had no involvement in the alleged criminal case. </p> <p>Pat Frawley of Lexington, Lott’s attorney, said he will be filing motions soon asking Judge William Keesley to reconsider the evidence and the verdict. </p> <p>Paschal, who is in her late 60s, lived for eight years with local well-to-do businessman David Wallace “as his common law wife,” according to her lawsuit against Lott in the case, filed with the Lexington County clerk of court in early 2012. Before that, she had been an employee of Wallace’s and lived with him in his home, according to legal papers in the case. </p> <p>Wallace, who was 88 at the time of his death in February 2011, was a real estate broker, philanthropist and lover of cats and animal charities who lived in Forest Acres. He had a stroke in April 2010 that left him severely incapacitated. </p> <p>In his final years, Paschal “administered to the needs of David Wallace ... and did everything within her power to assist him with his business and personal needs,” according to her lawsuit. </p> <p>After Wallace died, Paschal had a claim to share in his estate – valued at some $6 million – and was named personal representative of his estate. But Wallace’s two adult children, Jeffrey and Elizabeth Wallace, petitioned the Richland County Probate Court to remove her as representative. </p> <p>The two Wallace children also believed they had discovered an improper financial transaction committed by Paschal in the last year of their father’s life, and they brought that allegation to Richland County Deputy Lt. Heidi Scott, according to court documents. The transaction involved the June 2010 purchase of a $63,000 Sienna van by Paschal with Wallace’s money, just after David Wallace suffered his stroke. The title had both Paschal’s and David Wallace’s names on it. </p> <p>Scott persuaded a Lexington County sheriff’s investigator, Stephen Baumgardner, a 16-year veteran detective specializing in white-collar crimes, to look into the van purchase. The van had been purchased in Lexington County, which was why Scott asked the Lexington County Sheriff’s Department to investigate. </p> <p>Baumgardner found that Paschal had bought the van with Wallace’s knowledge and cooperation and there was no breach of trust, according to legal papers in the case. </p> <p>After Baumgardner declined to proceed with the case, Scott in November 2011 “took it upon herself to leave her jurisdiction” and to approach judicial officials in Lexington County to seek an arrest warrant for forgery and breach of trust, according to Paschal’s lawsuit. </p> <p>Paschal was arrested in November 2011 – the same day she was to appear at an estate hearing in probate court to defend herself against allegations by Wallace’s children that she should not be the estate’s personal representative, according to legal papers and testimony in the case. Paschal lost her status as respresentative, at least in part because she did not appear at the hearing, the documents said. </p> <p>At the jail, Paschal was stripped and given “nothing but a sheet to wrap herself in,” according to testimony in the case. She was later released on a personal bond. </p> <p>In January 2012, Lexington County Magistrate Gary Morgan held a hearing to determine whether the forgery and breach of trust case against Paschal should go to the Lexington County Grand Jury. </p> <p>After hearing from Scott and Baumgardner, Morgan ruled that Scott’s case lacked “probable cause” and dismissed the criminal charges against Paschal. Baumgardner testified that David Wallace was a full participant in the van purchase, and that one reason for the $63,000 cost was that it was equipped for a wheelchair. </p> <p>Paschal filed a lawsuit against Lott for malicious prosecution and abuse of process shortly afterward. </p> <p>Because of her arrest on forgery and breach of trust charges, Paschal was suspended as a member of the S.C. Bar Association, denied the ability to practice law and her name “has been published in various publications as a person who has been charged with a crime.” </p> <p>Paschal’s attorney, Jake Moore, said Paschal did wind up with a settlement with the Wallace children with a small amount from his estate, some $250,000. </p> <p>Moore, who was assisted by attorney Brooks Biediger at trial, said Paschal might have fought for more money from the estate, given her relationship with Wallace, but “her testimony at the trial was that she could not fight Lott’s department and the Wallace kids at the same time,” Moore said. </p> <p>Paschal was not restored as the estate’s personal representative. </p> <p>Lott, interviewed late Monday, said the county’s attorneys likely will appeal, “so it would be inappropriate for me to comment on the facts.” </p> <p>However, Lott said, “I stand fully behind the actions of all my deputies who were involved in this case.” Lott also said criminal charges against Paschal similar to the ones dismissed in Lexington are still pending in Richland and his department intends to pursue them. </p><div> <br>Read more here: http://www.thestate.com/2014/07/29/3589093/lexington-jury-slams-richland.html#storylink=cpy </div><div>by John Monk July 29, 2014</div><div>The State</div><div><br></div><div><br></div> <p></p><p></p></div></div></div>]]></description><pubDate>Fri, 01 Aug 2014 14:27:05 +0000</pubDate></item><item><title><![CDATA[FORTY MILLION DOLLAR SETTLEMENT FOR MEN WRONGFULLY CONVICTED IN CENTRAL PARK JOGGER CASEThe Huffington Post by Inae Oh]]></title><link>http://www.mcbratneylawfirmpa.com/blogs/post/FORTY-MILLION-DOLLAR-SETTLEMENT-FOR-MEN-WRONGFULLY-CONVICTED-IN-CENTRAL-PARK-JOGGER-CASEThe-Huffington-Post-by-Inae-Oh/</link><description><![CDATA[<div><div><div><p><span> </span></p><div> <p>The five men wrongfully convicted of sexually assaulting a female jogger in Central Park more than 25 years ago have reportedly agreed to a <span> </span> <a href="http://www.nytimes.com/2014/06/20/nyregion/5-exonerated-in-central-park-jogger-case-are-to-settle-suit-for-40-million.html?gwh=44AFF4B0598CE1AF94AA434B3FC3C1D0&amp;gwt=pay&amp;assetType=nyt_now&amp;_r=0" sl-processed="1" target="_hplink">settlement of close to $40 million. </a> </p> <p>The New York Times reports the agreement will provide the five exonerated plaintiffs, all black and Latino, approximately $1 million for each year they were behind bars. </p> <p>The settlement, first reported on Thursday by the Times, follows a high-profile campaign promise made by <span> </span> <a href="http://www.nydailynews.com/news/crime/de-blasio-reaffirms-promise-reach-swift-settlement-central-park-lawsuit-article-1.1602815" sl-processed="1" target="_hplink">Mayor Bill de Blasio, who pledged to reach a "swift settlement" </a> <span> </span>to right the wrongs of the conviction once he took office. </p> <p>In 1989, the five men -- all of whom were between 14 to 16 years of age at the time of their convictions -- were charged with the brutal rape of 28-year-old investment banker Trisha Meili. </p> <p>The arrests made national headlines and punctuated racial tensions in the nation's largest city. </p> <p>But in 2002, a reopening of the case discovered <span> </span> <a href="http://www.huffingtonpost.com/2013/04/07/central-park-jogger-case-ken-burns_n_3032781.html" sl-processed="1" target="_hplink">DNA evidence found on the victim's clothing </a> <span> </span>was linked to convicted serial rapist Matias Reyes, who later confessed to the assault. </p> <p>The five men soon filed a $250 million lawsuit against the city for the wrongful conviction. <span>&nbsp;&nbsp;</span></p></div><footer><div> <span> <br></span></div></footer><p></p></div></div></div>]]></description><pubDate>Fri, 20 Jun 2014 14:53:04 +0000</pubDate></item></channel></rss>