ISSUE: The case against the former chief 

OUR OPINION: Directed verdicts mean case is over

Orangeburg attorney Gerald J. Davis wrote in detail this week about the importance of reporting correctly the outcome of the court case against former Santee Police Chief Kenneth McCaster. In doing so, he called on the newspaper to set the record straight regarding its report of the McCaster trial. We’ll do more.

First, the June 11 headline regarding the case was not intended to indicate favoritism was involved in the McCaster outcome. It and the accompanying story contained incorrect wording for what happened in the McCaster matter.

“Magistrate drops case against former Santee police chief”: Magistrate Cecil Moore did not drop charges against McCaster. It was the designated state prosecutor who made the decision to drop two charges against McCaster. That is not an exceptional nor rare action in court cases.

The trial proceeded with the case being made by the state on two other charges. After that, the defense counsel, Davis, asked the magistrate for a directed verdict of not guilty on two other charges. The motion was granted, with Davis later saying the magistrate “did what the law and evidence mandated that he do.” Davis cited a lack of evidence in the case.

Importantly, the action by the judge ends the case against McCaster unless the state were to decide to resurrect the two charges it dismissed. While that is legally possible (but not likely), it is not possible to renew the charges for which the judge granted the directed verdicts. The guarantee against double jeopardy – being tried again in the same case – applies. Again, had the charges been dropped as indicated, they could be restored.

It is often that we write about the rule of law and the importance of the law to our way of life. We are a nation of laws. Attorney Davis indicated that our reporting left the public to doubt the fairness of the system in the McCaster case. To the contrary, the system appears to have worked. If there is insufficient evidence to convict, a judge rightfully should step to the fore and end the case.

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