Jerry Buck Inman walks into a Pickens County courtroom during his sentencing hearing Monday.
Greenville attorney Jim Bannister filed motions Monday, asking for a mistrial and that 13th Circuit Solicitor Bob Ariail be recused from Inman’s sentencing hearing.
Inman previously pleaded guilty to the May 2006 murder and rape of 20-year-old Tiffany Souers, a Clemson University engineering student who was found in her off-campus apartment strangled to death with her bathing suit top.
But Inman’s sentencing was postponed in September amidst controversy over a defense witness.
In arguing for his motions Monday, Bannister questioned the solicitor’s conduct toward defense witness Dr. Marti Loring, a sociologist who refused to testify in September, saying she felt threatened by Ariail.
Ariail had asked her if she knew it was illegal to practice social work in South Carolina without a state license.
He later offered Loring immunity, but she refused to continue her testimony, prompting Circuit Judge Ned Miller to delay the sentencing while the defense found another witness.
Monday, Loring told the court she would do the best she could if asked to testify but said she was not as prepared as usual and did not have her normal level of composure.
Miller barred the solicitor from cross examining Loring, who also testified about events last week leading up to her return to court this week. However, he ruled there were no grounds to recuse Arial from the case.
The Georgia social worker testified that orders for her to appear at a procedural hearing on April 16 were left on the ground outside her front door, but that she did not receive that notification on time since she did not return home until that evening.
A warrant for her arrest was also issued after she did not appear in court, according to testimony.
She appeared in court Monday voluntarily and said she would be willing to testify as social historian for the defense.
However, Bannister said it would not be in his client’s best interest to allow her to do so in light of previous events, which he called intimidation.
After Loring’s testimony, Bannister called to the stand John Mauldin, an attorney who testified he also questioned the solicitor’s conduct during another death penalty sentencing.
Desa Ballard, an attorney who specializes in legal ethics, also took the stand as an expert witness for the defense.
She testified that Ariail’s line of questioning to Loring in September was, in her opinion, in violation of the American Bar Association’s code of ethics.
“The questioning clearly intimidated her and made her unwilling to testify during that proceeding,” Ballard said.
Ballard also accused the solicitor of not wanting Loring to testify because of the outcome of two previous death penalty trials.
Ariail asked Ballard if speaking with him and his staff would have made an impact on her opinion, and she said no.
Bannister asked the judge to delay sentencing again while he gathered witnesses from the Atlanta incident involving Loring.
He said he wanted to determine if Ariail’s office was involved in what he called further intimidation of the witness.
However, the judge refused to delay the proceedings again.
“I’m not going to suspend the proceedings,” he said. “I don’t think what happened in Georgia bears on this case.”
Bannister also moved for a continuance while the defense further prepared another social historian. But the judge said Loring was available to testify - and again refused to delay the sentencing.
“This case has been dragging on, and it’s going to come to a conclusion,” Miller said.
The judge did not make a ruling on the misconduct motion, nor did he grant a mistrial before adjourning court Monday.
The solicitor disputes the claims made by the defense and will have an opportunity to present his own witnesses Tuesday morning when court resumes.
Since Inman pleaded guilty to Souers’ murder, Miller, instead of a jury, must decide if the Tennessee native gets the death penalty or life in prison.
Check back at www.pickenssentinel.com and Wednesday’s edition for further updates.
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