Crime & Courts

Richland prosecutor Johnson hires 2 defense lawyers, vows full accounting

Fifth Circuit Solicitor Dan Johnson said Wednesday he has hired two defense lawyers, vowing "complete transparency" in the wake of reports of questionable spending of tens of thousands of dollars of public money by him and his office.

"Solicitor Johnson will continue to fully cooperate with the production of records and will insure ... a full accounting of all expenditures to insure his office has and will continue to be a good steward of public funds," Johnson's lawyers, Wally Fayssoux and Beattie Ashmore, said in a written statement.

The two lawyers took no questions but said Johnson has begun "the process of obtaining a complete and thorough forensic accounting by an independent third party."

Fayssoux and Ashmore, both Greenville attorneys, have extensive experience in criminal defense work, including the defense of law enforcement officers. Like Johnson, Fayssoux is a Citadel graduate. Ashmore is a former federal prosecutor who "has the ability to effectively represent individuals and corporations in state and federal investigations and prosecutions," his website says.

For weeks, Johnson has been at the center of a media firestorm since a Columbia nonprofit, Public Access to Public Records, began publishing online thousands of documents — including credit card statements, store receipts and canceled checks — detailing spending in Johnson's office over the past eight years.

The release of those records prompted the FBI and the State Law Enforcement Division to launch investigations, including interviewing members of Johnson's staff.

Much of the questionable spending was done by Johnson, according to those records. That spending included pricey office parties; extensive travel around the country, South America, Middle East and Europe; as well as checks — for thousands of dollars — made out to "cash" and signed by Johnson personally.

Johnson, a Democrat, is a two-term solicitor, first elected in 2010. Prior to the disclosures, he was expected to run unopposed for a third term this year for the $141,300-a-year post. The 5th Circuit solicitor oversees criminal prosecutions in Richland and Kershaw counties.

Johnson has until noon on Friday to file for re-election. However, since the controversy over his office's spending has arisen, prominent supporters have defected from his campaign. Columbia lawyer Byron Gipson also has paid the $5,640 filing fee and announced he is running for the solicitor's job.

It is unclear whether Johnson will run, and his Wednesday statement did not address his political future.

Johnson's statement also said the prosecutor has been conducting "his own internal review of all office expenditures."

The statement continued, "Because some of the allegations have been made against the solicitor personally, he has appointed a third party to coordinate and communicate with the accounting firm to ensure objectivity and transparency in the process. ...

"Solicitor Johnson continues to serve the citizens of Kershaw and Richland counties. The 140 members of the 5th Circuit Solicitor's office are effectively and fairly prosecuting cases every day," the statement said.

Lawyers said it would be difficult for Johnson to hire Midlands defense lawyers to represent him since those attorneys also represent defendants in his judicial circuit.

"Johnson has been involved with so many local lawyers in Kershaw and Richland counties," said longtime Columbia ethics watchdog John Crangle, a lawyer who works with the S.C. Progressive Network. "There's probably nobody he could hire that doesn't have a conflict."

This story was originally published March 28, 2018 at 6:44 PM with the headline "Richland prosecutor Johnson hires 2 defense lawyers, vows full accounting."

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