1.Victim Representation Motion Hearing
29 linesJune 5, 2019
THE COURT: All right. What all we got to consider today? Have y'all discussed the order of presentation?
BOYD YOUNG: Briefly, Your Honor. We've got, I think, three issues for the Court to take up and consider today. The first issue we'd like to take up would be Mr. Butler's representation of Mr. Tim Jones, Sr. in this phase of the proceedings.
THE COURT: All right. I got an e-mail yesterday from Mr. Butler.
BEATTIE BUTLER: Yes, sir.
COURT REPORTER: What's his first name, Judge?
BEATTIE BUTLER: Beattie, B-E-A-T-T-I-E.
COURT REPORTER: B-E-A-T-T-I-E?
BEATTIE BUTLER: Yes, ma'am.
THE COURT: It's kind of an unusual request.
BEATTIE BUTLER: It is an unusual request. It's an unusual case. And I'm asked to do unusual things and I usually agree to do them and I hope that you will allow me maybe 15 minutes to be heard on it.
THE COURT: All right. Go ahead.
BEATTIE BUTLER: Thank you, sir. I appreciate it. I want to make it clear that I represent Tim Jones, Sr. in his capacity as a victim. And I am here to enforce his rights as a victim under the Victim's Bill of Rights applicable statutes that are in the written materials that I have filed and the South Carolina Constitution. If this case were a unlawful use of a motor vehicle, Mr. Jones, Sr. would have every opportunity to address the sentencing body, which in that case would be the Court, a Judge, and would be able to ask him everything from time served to the maximum sentence. This, of course, is obviously not an unlawful use of a vehicle case. It's the most serious thing we ask of jurors in any capacity in the law. And it is one that is morally hefty and legally complicated. And for that reason, I will ask the Court to entertain three things that I will get to in just one second. Before I do that, I'll pose what to some may sound like a rhetorical question, but which is not.
If it hasn't already been posed, I'm sure it will be. If this case doesn't call for the death penalty, then what does. And I'm willing to respond to that. I'm actually anxious to respond to that. It seems to me that I would ask the Court to consider that the death penalty is appropriate only when the crime is horrendous. Nobody disputes that in this case. The Defendant is clearly guilty. The jury has spoken to that. And the sentence of death would bring some peace to the surviving victims. And that's what is absolutely in dispute. Actually, it's not in dispute. There's nobody that can be considered a victim that the Defense has made me aware of that wants anything but a life sentence for Mr. Jones, Jr. I, on behalf of Mr. Jones, Sr., would like to be able to one, conduct his testimony before the jury as his lawyer and I would like to ask him what sentence that he desires and that he be able to ask the jury for my sake and to be made whole, I'm asking on behalf of my son that you impose a life sentence and not a death sentence. And I would like to -- the third thing that I'm requesting on behalf of Mr. Jones, Sr. is that I be able to address the jury on his behalf in closing. And that's all I have. I don't believe I have anything else. Thank you. I would like a brief opportunity to respond, if necessary.
THE COURT: Okay. Solicitor, were you aware of this motion?
RICK HUBBARD: Your Honor, a while back, I got this motion. And, Your Honor, I'll be quite frank, I've been upfront the entire time with everybody in this courtroom. I've got five victims and they're not here because they're dead and they died at that man's hands. I understand a lot of people have suffered because of that, including Tim, Sr., but Tim Sr. has chosen to sit behind that man, that side of the courtroom. For him to say somehow he belongs on this side of the courtroom if he'd made a choice. He already made his choice. It's obscene to me. Now, I understand he's suffering. I get that. I've got other folks out there that knew these little kids. They're suffering too. But the thought that he can come in here and ask what I can't even get my victims to ask, other folks who've been traumatized. To name what the sentence is going to be, that's in clear violation of State vs. Dickerson, and I've got a copy of that case about execution impact evidence. Our courts said victims, including family members of a Defendant can come into court and talk about they've developed a close relationship with the Defendant and that shows something about the Defendant's character. But when you go beyond his character, the circumstances of the crime, you start treading on the actual sentence, you've gone too far. No one is allowed to do that. That is reserved for the 12 people sitting in that box over there. Them and them only. And, Your Honor, I stand on the law, but, also, I stand for those five babies.
BEATTIE BUTLER: Just briefly --
THE COURT: Wait a minute. Wait a minute. I want to hear from Mr. Young if he wants to say anything.
BEATTIE BUTLER: I'm sorry.
BOYD YOUNG: No, sir.
THE COURT: Okay.
BEATTIE BUTLER: Just briefly. We were always told in law school you should be able to argue both sides of an issue. I don't think they meant in the same case. I'm handing to the State a portion of a transcript and I'd like to ask this be made part of the record. Mr. Hubbard makes it clear that Tim, Sr. is, in fact, as much of a victim as anybody in this case and that is a fact. And as far as what the law holds, unless there's somebody to come along and challenge it, it will always stay the same. That case is intentioned with the Victim's Bill of Rights and the South Carolina Constitution. Given the gravity of the situation and the circumstances, I think that the request that I'm making on behalf of the father of five dead grandchildren -- grandfather of five dead children is not unreasonable. I don't have anything else to add. Thank you.
RICK HUBBARD: I do. Those other folks who are victimized aren't getting an attorney to come in here and speak for them. They're not asking to come in here and do closing arguments. This man -- I understand -- I understand his loss, but he's decided where he's sitting in this courtroom and who he wants to speak on behalf of. He did have a tough position. He was in a tough position early on, but he's made his choice. And there is no case anywhere that says he can do what he's asking. In fact, the case I handed up, Dickerson, says he can't do this.
THE COURT: I'm going to read Dickerson closely and -- since I only got this motion last night and didn't read it till this morning, I'll let you know. It seems kind of an odd request to me, but I'll let you know.
BEATTIE BUTLER: Thank you, Judge.
THE COURT: Okay.
BEATTIE BUTLER: And may I be excused?
THE COURT: You may.
BEATTIE BUTLER: Thank you, sir. And I appreciate you hearing from me.
THE COURT: Sure. All right. One of three.