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Public accounting of actions still considered ‘victory’ for citizenry
By Jed Blackwell
Hometown News
Four Holly Springs Fire Commissioners were found not guilty of violating the state’s Freedom of Information Act in South Carolina’s first-ever criminal FOIA trial last week.
Current commissioners Roscoe Kyle, Ryan Phillips, and Kelly Waters and former commissioner Clarence Gibbs had been charged with FOIA violations stemming from a June 16, 2010 workshop at the Holly Springs Fire Department. Inadequate notice of the meeting was given; the public was excluded from attending the meeting, and Hometown News reporter Jay King was dismissed from the proceedings after warning the commissioners that they were in violation of the Freedom of Information Act.
However, a jury found that the commissioners acted out of ignorance of the law rather than a willful desire to violate the FOIA.
“If you don’t believe these people intentionally set out to violate the law, your verdict must be not guilty,” Billy Wilkins, attorney for three of the commissioners, told the jury.
South Carolina Press Association Executive Director Bill Rogers said the language of the law made for a difficult prosecution.
“The willful provision was a difficult hurdle to overcome,” Rogers said. “It’s clear they broke the law. The jury didn’t think they did so willfully.”
For the rest of this story, read this week’s Middle Tyger Times.
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