Bond set for indicted state lawmaker Merrill as he appears in court
Suspended state Rep. Jim Merrill confirmed at a court appearance Thursday he wants to fight 30 charges that accuse him of misconduct in office and a series of ethics violations.
“He strongly disagrees with (special prosecutor David) Pascoe’s accusations and with his version of the facts indicated to the court today,” Matthew Hubbell, one of Merrill’s attorneys, told state circuit Judge Knox McMahon. “He is eager to present numerous legal and factual defenses to each and every one of these charges. We believe they are based on very fundamental misunderstandings of the law that would apply and are based on serious mistakes of the fact and misunderstandings of the law.”
McMahon set Merrill’s personal recognizance bond at $146,000 on Thursday. It was the Berkeley County Republican’s first public showing since he was formally accused last week of using his public office to pocket at least $1.3 million and failing to disclose receiving payments of more than $673,000 from outside interest groups.
McMahon set the bond after concluding the former S.C. House Majority Leader is not a flight risk nor a danger to his community. He said he reached that figure by adding the maximum fines Merrill could face if found guilty of every charge.
Merrill, a House member since 2001, faces up to 66 years in prison, special prosecutor David Pascoe said Thursday.
Merrill did not enter a plea on Thursday.
“We feel strongly that the law and the truth are on our side in this case,” said Merrill’s other attorney, Democratic State Rep. Leon Stavrinakis.
Pascoe argued Merrill should not be granted a personal recognizance bond, which allows Merrill to sign a written promise to appear in court but requires payment only if he fails to appear. “This is a case that involves public trust,” he said.
Pascoe, who is overseeing an ongoing State House public corruption probe, did not recommend an alternative and would not comment after the bond hearing Thursday.
His investigation has continued after former S.C. House Speaker Bobby Harrell in 2014 pleaded guilty to spending campaign money for personal use.
S.C. Attorney General Alan Wilson tried to stop Pascoe from continuing his investigation – and apparently slowed Pascoe’s investigation for several months. But the Supreme Court ruled in July that Wilson acted unlawfully in trying to fire Pascoe.
Avery G. Wilks: 803-771-8362, @averygwilks
Watchdog raises ethics question in Merrill case
A state ethics watchdog said Thursday he’s exploring whether there is a conflict of interest in the case of a state legislator representing another in court.
Rep. Leon Stavrinakis, D-Charleston, is one of two attorneys representing former House Majority Leader Rep. Jim Merrill, R-Berkeley. Merrill faces 30 charges of misconduct in office and a series of ethics violations.
But John Crangle, a state ethics watchdog, said he’s exploring whether there is a conflict of interest in Stavrinakis representing Merrill. Stavrinakis not only serves as a House member, but he is also on the House Ethics Committee, the panel charged with investigating potential misdeeds my legislators.
“I have not come to any conclusion on whether Leon has a conflict of interest, but I am looking into it,” Crangle said.
Should he conclude Stravrinakis’ representation of Merrill clashes with his duties as a House member, Crangle said he’d file a complaint with the House Ethics Committee. Crangle said he’s concerned about several issues, including Stravrinakis’ potential to serve as a witness in Merrill’s case.
But Stravrinakis rebuffed Crangle’s concerns.
“Of course, I would not take part in any proceedings related to these issues, if they came in front of the ethics committee,” Starvrinakis said. “I wouldn’t participate as counsel in front of the ethics committee, and I wouldn’t participate as an ethics committee member in anything that I have been involved in as either a witness or as counsel.”
House Minority Leader Rep. Todd Rutherford, D-Richland, also argued that there is no conflict of interest because Merrill is currently suspended from office and the matter has not gone before the ethics committee.
Rutherford – a criminal defense attorney and former prosecutor – also stressed that Stavrinakis is under the strictest of constraints, for not only must he answer to the House Ethics Committee, he must also answer to the S.C. Judicial Office of Disciplinary Counsel which investigates allegations of ethical misconduct by the state’s judges and lawyers.
“The fact that Leon (Stavrinakis) has been a long-time friend of Jim Merrill and sits on House ethics does not preclude him from being able to represent (Merrill) in a legal matter,” Rutherford said. “Do I think that there are those who would try to make hay of this situation? Absolutely.”
This story was originally published December 22, 2016 at 11:25 AM with the headline "Bond set for indicted state lawmaker Merrill as he appears in court."