Post Tagged with: "James Spencer"

Decision on Southern Holdings Funds Promised this Week

August 26, 2014 7:52 AM1 comment
Decision on Southern Holdings Funds Promised this Week

S.C. Judge Doyet A. Early ended last week’s hearing on the alleged Southern Holdings settlement and remaining litigation funds promising a decision this week.

The case before Judge Early is an interpleader asking the court to rule on who has claim to the remaining Southern Holdings litigation and settlement funds and how much should go to each claimant.

No settlement agreement with informed consent by signature from each Southern Holdings plaintiff was presented during the hearing. None has ever been presented either as court record for the Southern Holdings case, this interpleader case or any other legal proceeding.

Read more ›

Southern Holdings Settlement Check Saga – Corrected

January 6, 2014 7:14 AM1 comment
Southern Holdings Settlement Check Saga – Corrected

A settlement check issued by the state of South Carolina for the Southern Holdings case plaintiffs wound up nine months later in the account of an attorney not connected to the case.

After six years in litigation where the state Insurance Reserve Fund spent several million dollars on lawyers defending the case, a rushed “settlement” was allegedly arranged between lawyers for the plaintiff and lawyers for the defendants.

The alleged settlement took place behind closed doors with the federal trial judge, after jury selection was complete.

The plaintiffs in the Southern Holdings case, all represented by attorney John Rakowsky, never agreed to the settlement. No document exists with their signatures demonstrating agreement to the settlement, as required by state and federal law.

In fact, several of the plaintiffs said they never agreed to a settlement and were astounded when one was announced by the judge.

Read more ›

Southern Holdings Interpleader in Court Today

December 16, 2013 6:00 AM0 comments
Southern Holdings Interpleader in Court Today

Another hearing on litigation funds held over from the Southern Holdings case will be held in court in Richland County today.

This case has been ongoing since 2008, after the Southern Holdings plaintiffs tried to get the remaining funds held by their attorneys, Lexington chief magistrate judge John Rakowsky and co-counsel Adrian Falgione, released.

However, as with everything that touches the Southern Holdings case, this hearing will inevitably leave more questions than it will provide answers.

Even the amount of the funds in question remains very much a mystery. There appears to be at least $60,000 missing from Rakowsky’s accounting.

Read more ›

Southern Holdings and Rogue Attorneys

September 17, 2013 6:54 AM0 comments
Southern Holdings and Rogue Attorneys

By Paul Gable When I read a recent article about two rogue attorneys in the South Carolina who had stolen money from their clients, I immediately thought of the Southern Holdings case. I have been reporting on the Southern Holdings case for a number of years including where an attorney […]

Read more ›

Southern Holdings HCPD Defendant Arrested

December 4, 2012 6:50 AM1 comment
Southern Holdings HCPD Defendant Arrested

One of the main police defendants in the Southern Holdings case was arrested early Monday morning for criminal domestic violence and misconduct in office and fired from the Horry County Police Department hours after the incident.

Charles K. McLendon was arrested for actions taken against his estranged wife while on duty, in uniform using a Horry County Police Department vehicle.

McLendon demonstrated erratic, abusive and potentially lethal behavior during the incident, according to details of the arrest. His actions were not unlike those he demonstrated over 12 years ago during the Southern Holdings case.

Read more ›

Federal Tort Claims Lawsuit – Part III

September 12, 2012 8:50 AM0 comments
Federal Tort Claims Lawsuit – Part III

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month. This is Part III of a series.

Last week, we posted the first two parts of this series. Part III concentrates on the attempts by plaintiffs’ expert Steve Cain to analyze the original videotapes shot from HCPD patrol cars of the arrest of James Spencer on August 6, 2000.

Cain had already analyzed a copy of the videotape from the police vehicle operated by HCPD officer Jay Brantley during the arrest of Spencer. The videotape from the Brantley vehicle was a key piece of evidence that backed up claims by Spencer of violation of civil rights and police brutality.

Read more ›