Bartee arrest ruled valid

June 21, 2013

A judge has ruled James Bartee’s arrest last year at the Anderson Courthouse was valid. Judge J-C Nicholson this week denied motions by the Bartee defense to exclude recordings, and dismiss and exclude evidence. At the time the former candidate for Oconee Sheriff was arrested on the charge of solicitation to commit a felony, the defense contended that Bartee was a party to a court proceeding—thus making him immune from arrest unless the crime alleged fell into certain exceptions. But Nicholson’s order states, “In order for a person attending court proceedings to be arrested, the offense must constitute treason, a felony, or a breach of peace.” And he ruled that the charge falls into the breach of peace exception pursuant to South Carolina law. The Bartee defense had motioned for the court to exclude any and all recordings that were not original, alleging the original was intentionally destroyed by law enforcement. It was an allegation that Solicitor Chrissy Adams denied vehemently.

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