York Co. judge tosses 904 indictments true-billed by grand jury in 10 hours

YORK COUNTY, S.C. — A judge has tossed out more than 900 criminal indictments in York County after defense lawyers claimed a grand jury did not give each indictment due process when they true-billed all 904 charges in 10 hours.

Twenty-seven York County defense lawyers signed on to a motion asking a judge to throw out the 904 indictments against 418 people charged with crimes.

The defense lawyers claim that reviewing so many cases so quickly amounts to rubber-stamping, not a serious review of the facts.

"It wasn't justice," defendant Anthony Kennedy, who was accused of shoplifting, said.

Prosecutors argued that probable cause for cases like DUI can be determined in less than 60 seconds.

The grand jury would have spent an average of 39 seconds on each case.

"You can't review a case in 39 seconds," Kennedy said.

Judge Daniel Hall wrote in an order the defendants were denied their rights to a meaningful hearing.

Most of the hearings only include a solicitor, police investigator and the citizens who make up the grand jury, who meet in private once a month.

"Presenting 904 indictments to the grand jury is an unnecessary and unreasonable burden," Hall said.

Solicitor Kevin Brackett said in a statement that jurors were reminded that they didn't have to review all cases in that one day, but they wanted to finish.

"The Solicitor's Office has never dictated how the grand jury should conduct its business,” Brackett said in the statement. “We believe that this grand jury worked very hard, considered these cases fairly and was capable of controlling its own workload and the pace that day."

The judge denied defense attorneys' requests to create another grand jury.

The charges are still pending and no one was released from jail.

The solicitor said he will consult with the attorney general about implications of this order and how to proceed from here.

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