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September 16, 2005


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Jury trial goes haywire with visiting judge

Edgefielddaily.com
web posted September 16, 2005

EDGEFIELD – A jury trial held in the Edgefield County Magistrates Court did not turn out quite the way the plaintiff wanted. In fact it went from bad to worse before the trial even got under way. Dianne Ryan, of Merriwether, had a warrant taken out on her neighbor Susan Presnell for harassment regarding events that took place on May 23, 2005. Edgefield County Sheriff’s Department Chief Investigator Randy Doran was instructed by Judge Parkman to prosecute the case for Mrs. Ryan. Judge Williams of Greenwood County said she would have none of that.

Outside of the presence of the jury Mrs. Presnell’s attorney, Lawrence Brown of Aiken, motioned to have Investigator Doran removed from leading the prosecution and from the state’s table altogether. The motion was granted and that left Mrs. Ryan in charge of prosecuting the case. Mrs. Presnell stated she was not an attorney but reluctantly would go forward with the trial anyway.

Once she said that the bad situation turned worse for Mrs. Ryan. Mr. Brown made a motion to exclude the plaintiff’s witness due to the fact he was not made aware of any witnesses prior to the trial. Judge Williams asked Mrs. Ryan if she had been notified by the defense to produce discovery information (witnesses, evidence) that would be used in the trial. Mrs. Ryan said she had been contacted but did not know what she had to do. She stated she thought the state was prosecuting the case and had depended on them. “Are you trying to get rid of my witness?” asked Mrs. Ryan. Judge Williams said, “yes,” then said she agreed with Mr. Brown and excluded Mrs. Ryan only witness.

This set in motion a chain of events that nobody expected.

Mrs. Ryan requested the trial be postponed until she could hire an attorney to handle the case, she was refused any continuance. This sent Mrs. Ryan into several angry outbursts with Judge Williams. Judge Williams warned Mrs. Ryan several times that the outbursts and her comments were, “improper in this court,” and if she continued she would be held in contempt of court.

Mrs. Ryan stated, “I just don’t feel I am being treated right,” due to the fact she was blindsided right before the trial was to start with the removal of Lt. Doran and her witness. She lamented that she would proceed, “against my wishes.”  Mrs. Ryan said “the state got to represent (Mrs. Presnell)” in a previous case against her. Judge Williams said she had no knowledge of such and stood on her ruling.

As the trial finally got underway and the jury was seated Mrs. Ryan was asked to give her opening statements. Mrs. Ryan began her statements only to be objected to by Mr. Brown as giving testimony. Judge Williams reminded Mrs. Ryan this time was just to tell the basic reason everyone was in court and present her evidence later in the trial. During the comments on the objection Mrs. Ryan stated, “I’m not an attorney, I don’t know. I’m having to do this against my will because you guys wouldn’t let me – “ at that point Judge Williams stopped the trial and instructed the jury to leave the room.

Judge Williams admonished Mrs. Ryan saying that she had been warned several times about her improper statements such as “you guys won’t let me do” whatever or any statements about “being against your will.” Judge Williams found Mrs. Ryan in contempt of court and fined her fifty dollars or five days in jail. The jury was returned to the courtroom and the trial began again. This time Mrs. Ryan stated she had no opening statements.

Judge Williams then instructed Mr. Brown to make his opening statements which he did.

A short time later Mrs. Ryan brought the trial to a halt yet again when she was asked to present her case. She stated she had no case because “you all won’t let me…” and by making similar statements to those she was warned about. Mrs. Ryan was found in contempt of court again and fined one hundred dollars or ten days in jail. Mr. Brown motioned that the case be dismissed or his client Mrs. Presnell be found not guilty, or both. Judge Williams granted the motion dropping the charges and the jury was dismissed.

Judge Williams told Mrs. Ryan she had to pay her fines before she left the court. Mrs. Ryan stated her pocketbook was in the car in the parking lot to which Lt. Doran was to escort her to the car. Mrs. Ryan stated she would have to go to an ATM or write a check which was not allowed. At that time Edgefield County Deputies took Mrs. Ryan into custody and was booked into the Detention Center until her husband could arrive to pay her fine which he did in short order.

Mr. and Mrs. Presnell stated they were pleased at the outcome of the trial, “I’m just glad it’s over,” Mrs. Presnell said.

Mrs. Ryan stated she was going to appeal the trial, “first thing” Friday. “It wasn’t right what they did to me.”  She also said Mrs. Presnell has been riding up and down their common property line in her golf cart looking over towards her house grinning. “It’s just going to get worse,” she said.
 

 
 






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