Judge makes a ruling in Bartee case

March 20, 2013

A judge has made one ruling in the pre-trial part of the State’s case against James Bartee, who sought his party’s nomination last year for Oconee Sheriff before dropping out of the contest. Judge J-C Nicholson has decided that “no material” from Bartee’s file with the state Law Enforcement Division is required to be turned over to the defense side. “SLED” eventually brought the charge of conspiracy to commit a felony, which has yet to reach trial in the General Sessions Court. Nicholson’s ruling came from the February 8 hearing in Anderson. It’s a one-page order that states: “The court has determined that the SLED file contained no Brady material or any other material that is necessary for the State to turn over under the South Carolina Rules of Criminal Procedure.” In legal parlance, Brady disclosure consists of exculpatory or impeaching information and evidence material to the guilt or innocence or the punishment of a defendant. Acccording to the case file, Nicholson’s order dated March 7 was followed this week by a new motion by Bartee defense attorney which seeks a ruling dismissing the criminal charge against his client.

 

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