Sex Charge Against Football Coach Dro...

Sex Charge Against Football Coach Dropped

There are 122 comments on the WLTX Columbia story from May 1, 2008, titled Sex Charge Against Football Coach Dropped. In it, WLTX Columbia reports that:

Authorities say they have dropped a sex charge against an assistant football coach that involved a 14-year-old female student.

Join the discussion below, or Read more at WLTX Columbia.

Lonewolf

Leesville, SC

#43 May 3, 2008
Alot of victims don't press charges because they don't want to testify in court and face the perp.
Due Process

Augusta, GA

#44 May 3, 2008
Spud wrote:
If I were this guy I would sue the girl, the girls family, the police and the school district.
This is a possible case of false arrest, false imprisonment, abuse of process, and malicious prosecution.

His attorneys must first request a hearing to have the charge(s) dismissed with prejudice then he should pursue a lawsuit claiming violation of this civil/constitutional rights under both state and federal law. An action against the state will be limited to $350,000. In either case he will need to get past the qualified immunity protection which law enforcement and the prosecutor's have.

Recommend that he contact Mark Hardee's office in Columbia and pursue this possible civil law suit.

Ruining someone's reputation like this is deflamation of character, per se, and can be very costly for all those involved when they jump the gun and arrest just based on an accusation from a witness who lack credibility.

All prosecutors in South Carolina have an ethical obligation to present credible witnesses to a jury, and to do otherwise is a violation of their oath of office and grounds for lawyer conduct disciplinary action (SC Supreme Court Disciplinary Counsel for Lawyer Conduct).
Detector Garbage

Augusta, GA

#45 May 3, 2008
sue wrote:
Put them both on a lie dedector. The truth will come out. I feel he is lucky this time and the student is telling the truth..
Put your a&& on a lie detector!!! This man is innocent and always has been. Lie detectors are not admissible and give alot of false positives. Also, interpretation of the results are very subjective and are judgement calls of the examiner. If the examiner works for law enforcement, you're going to fail the test or at least be lied to and told you failed the test.
Due Diligence

Augusta, GA

#46 May 3, 2008
JDidGirl wrote:
<quoted text>
Just curious... how can you justify suing the police and the school district on this one? The police and school district were having to act on the word of a young girl who said that she was involved with a coach. They were just following procedure. Now... what the coach CAN hope for is that this kid's got some wealthy parents. A civil suit again her could pay off for him, but I don't see where the school or law enforcement did anything wrong.
In a case when the alleged victim's credibility is at issue, like with Mike Nifong and the Duke lacross players, it becomes a factor because of due diligence. The alleged victim should have been questioned under video/audio survellance at least three times to determine if her story was consistent. In addition, a forensic interview and medical examination should have also been conducted. Also, if the alleged victim has previously accused others of similar crimes and then recanted her story, that should have thrown up a red flag to law enforcement. These are protective/safeguard actions which should have all been completed before seeking an arrest warrant, if justified by more that mere suspecion and/or and unfounded accusation.

Without any other physical evidence, eye-witnesses, etc. an arrest warrant should have never been sought and served.
False Arrest

Augusta, GA

#47 May 3, 2008
Spot On wrote:
<quoted text>
While I agree with everything you say, it is, unfortunately, an unrealistic expectation. The moment an accusor is questioned prior to an arrest being made, parents will be screaming "Why was he not arrested sooner?" {regardless of his guilt or innocence} It's all in the name of "protecting our children".
It is a utopian belief at best - but again, I agree something needs to be done so that innocent people are afforded their constitutionally protected right of due process (which this man was not).
Give us a break! Look how long it took law enforcement to arrest Scott Peterson, OJ Simpson, Melanie McGuire, etc. The list goes on and on for the cases where law enforcement did their job and didn't just jump the gun and make a hasty unfounded arrest like what has obviously occurred with this low paid public educator who has been screwed by South Carolina's corrupt system of justice.
Black Sugar

Augusta, GA

#48 May 4, 2008
Spud wrote:
Where are all the people that were on here wanting to hang this guy back when he was arrested? This is why the news media should not report theses stories until the person pleads guilty, confesses or there is a trial. We have a society that is so politically correct that a person is guilty until found innocent.
Where did all the cops go who wanted to hang his at high noon given that they never ever do any wrong like picking up prostitutes and giving them drugs or maybe even lying under oath or telling half-truths just to make a case.

http://www.wyff4.com/news/16117781/detail.htm...
justice

San Leandro, CA

#49 May 4, 2008
proud mom wrote:
<quoted text>
Nope wrong its 14 ...they just passed that law and i think its very stupid
what does the law state about being 14 say .
Malicious Prosecution

Augusta, GA

#50 May 4, 2008
Black Sugar wrote:
<quoted text>
Where did all the cops go who wanted to hang his at high noon given that they never ever do any wrong like picking up prostitutes and giving them drugs or maybe even lying under oath or telling half-truths just to make a case.
http://www.wyff4.com/news/16117781/detail.htm...
This man has a family with four children. Does anyone realize the impact something like this will have on not only the coach, but also his wife and children for the rest of their lives. The cops and prosecutors really dropped the ball on this one. He should sue them all for violating his federal civil rights to freedom, liberty and due process of law, and get at least a minimum of $1,000,000 for each on of his children. His family and himself are the real victims in the case and the cops/prosecutors knew it to be false allegations before their sought the warrant from a local area magistrate who they probably have in their pocket.
Malicious Prosecution

Augusta, GA

#51 May 4, 2008
justice wrote:
<quoted text>
what does the law state about being 14 say .
You cops need to read about the 7th grade school girl syndrome before trying to use every allegation you hear to arrest either people you don't like or to make a name for yourself. Who was the investigating officer in this case? Let's get SLED to investigate him for possible misconduct in office. How do you think the Salem witch trials stated - a group of teenage girls started talking about people who they believed to be witches and who they said were practicing witch craft. True story and this case was nothing more than a modern day witch hunt that was initiated in similar manner.
Stacey439

Augusta, GA

#52 May 5, 2008
http://beta.greenvilleonline.com/apps/pbcs.dl...

After being arrested for criminal sexual conduct, prosecutors have dropped all charges against David Kelley, an Eastside High School football coach. This demonstrates an increasingly frustrating failure of the American judicial system: based on a false report, this man was arrested, disgraced, humiliated, and destroyed by law enforcement and the American “justice” system. What recourse does this man have? Since people who are wronged by the state cannot sue the government, where can this man go to recover damages? The teenager who wrongfully accused him? I’ll tell you what, she should be arrested, humiliated, disgraced and destroyed for at least six months for what she did.

We have a police state that is out of control! At a whim, a person may have another arrested, and the police have no responsibility or accountability when they act without sufficient evidence. Way to go, South Carolina!

“We Go Play Hoop”

Since: Jul 07

Falls Church, VA

#53 May 5, 2008
False Arrest wrote:
<quoted text>
Give us a break! Look how long it took law enforcement to arrest Scott Peterson, OJ Simpson, Melanie McGuire, etc. The list goes on and on for the cases where law enforcement did their job and didn't just jump the gun and make a hasty unfounded arrest like what has obviously occurred with this low paid public educator who has been screwed by South Carolina's corrupt system of justice.
First and foremost, all of the cases you cited were adults arrested for crimes perpetrated against adults, so the "protect the children" factor doesn't come in (which is, in fact, a completely different standard for better or worse).

I'm all about making sure the criminal element is removed from the street, but for whatever reason allegations of crime by adults against women or children are treated differently because they are perceived as being defenseless... This man will live with the stigma of being branded a perv and child molester (no matter why the charges were dropped) and it's a shame more care wasn't given into making sure the allegations could be substantiated by the accuser.... but it's to "protect our children" so they say...{ugh}

I think most children nowadays can protect themselves fine and are smart enough to know how to "play the game" so as adults the only way to avoid these kinds of allegations is to avoid situations where this can occur...
Judicial Safeguards

Joanna, SC

#54 May 5, 2008
Spot On wrote:
<quoted text>
First and foremost, all of the cases you cited were adults arrested for crimes perpetrated against adults, so the "protect the children" factor doesn't come in (which is, in fact, a completely different standard for better or worse).
I'm all about making sure the criminal element is removed from the street, but for whatever reason allegations of crime by adults against women or children are treated differently because they are perceived as being defenseless... This man will live with the stigma of being branded a perv and child molester (no matter why the charges were dropped) and it's a shame more care wasn't given into making sure the allegations could be substantiated by the accuser.... but it's to "protect our children" so they say...{ugh}
I think most children nowadays can protect themselves fine and are smart enough to know how to "play the game" so as adults the only way to avoid these kinds of allegations is to avoid situations where this can occur...
There are many safeguards which are used to ensure something like this doesn't happen. Also in many cases an arrest is not made until several months of investigation are completed. Don't believe us, just check the docket for these cases. A trained investigator(s) from the juvinille unit would have been able to pick up on a made up story within a heartbeat of talking to the alleged victim.

Also, everyone knows that many middle and high school girls make claims that the coach likes them or they made out somewhere sometime because their it (LOL).

Clearly law enforcement had it out for this guy and just ran the unfounded allegation up the flag pole. Maybe he cut one of their sons from the football team, who knows, but let me assure you that this is no DOUBT abuse of process and malicious prosecution.

Just because you wear a badge and want to sweep this one under the rug, this is still what occurred in this case.

Since: Feb 07

Belton, SC

#55 May 5, 2008
She was probably just a little teen drama queen playing out some soap opera fantasy. The guy was a volunteer coach, no less. I wouldn't take a job in school these days and don't understand why anyone else would.
Equal Protection

Augusta, GA

#56 May 6, 2008
Spot On wrote:
<quoted text>
First and foremost, all of the cases you cited were adults arrested for crimes perpetrated against adults, so the "protect the children" factor doesn't come in (which is, in fact, a completely different standard for better or worse).
I'm all about making sure the criminal element is removed from the street, but for whatever reason allegations of crime by adults against women or children are treated differently because they are perceived as being defenseless... This man will live with the stigma of being branded a perv and child molester (no matter why the charges were dropped) and it's a shame more care wasn't given into making sure the allegations could be substantiated by the accuser.... but it's to "protect our children" so they say...{ugh}
I think most children nowadays can protect themselves fine and are smart enough to know how to "play the game" so as adults the only way to avoid these kinds of allegations is to avoid situations where this can occur...
These [email protected]@@s really didn't a great job protecting the coach's four children. What the he## were they thinking when they arrested him based on this unfounded charge without any witnesses nor physical evidence. Did they even conduct a forensic interview before obtaining the warrant?

If we only went by all the alleged assault/abuse allegations from kids in South Carolina who are in our secondary school system (k-12), there wouldn't be a coach left standing and we would have to shut down our school athletic programs throughout the state.

Someone is responsible for this misconduct in the law enforcement/judicial system and they should be held accountable for this injustice and abuse of power.
Arnold

Augusta, GA

#57 May 6, 2008
Heath wrote:
Well I guess he got away with it. Disgusting pig.
You must be talking about the highly trained investigation officer and/or prosecutor who decided to make the initial charges and arrest against this public educator.

Cases like this really help to attract new talent to the teaching profession in South Carolina.

Since: Feb 07

Belton, SC

#58 May 7, 2008
Arnold wrote:
<quoted text>
You must be talking about the highly trained investigation officer and/or prosecutor who decided to make the initial charges and arrest against this public educator.
Cases like this really help to attract new talent to the teaching profession in South Carolina.
They'll come a day when all the public school educators are menopausal old women and nothing else. I wonder what kind of football teams we'll have then.
Restitution

Augusta, GA

#59 May 7, 2008
Hope the sheriff has issued a formal apology to this guy and his family, and offered to pay him for his 6 or more months of lost salary. Given that now they know that he and his family are in fact the victims in this screwed up case they mishandled with malicious intent.
Time for Change

Rock Hill, SC

#60 May 8, 2008
Excuse me, but if the girl came forward with this information, she has had something happen to her. She is not skilled enough to make up a story like this. Of course she's not credible. It would mean a scandal for the school, the perp and it is just plain easier not to accept this fact, that she said she was assaulted. Society has a difficult time accepting that FINE, UPSTANDING CITIZENS could actually be guilty of such a horrible crime. I, for one believe the girl. She must be terribly scared. Young lady, I have been in your shoes, I was also terrified and I am an adult. I chose to come forward as well and as you can guess, the perpetrator says it was consenual??? He knows the truth and so do I. I am a firm believer in what goes around, comes around-the 360 Rule. When someone harms you, significant harm will eventually come to them.

“We Go Play Hoop”

Since: Jul 07

Falls Church, VA

#61 May 8, 2008
Time for Change wrote:
Excuse me, but if the girl came forward with this information, she has had something happen to her. She is not skilled enough to make up a story like this. Of course she's not credible. It would mean a scandal for the school, the perp and it is just plain easier not to accept this fact, that she said she was assaulted. Society has a difficult time accepting that FINE, UPSTANDING CITIZENS could actually be guilty of such a horrible crime. I, for one believe the girl. She must be terribly scared. Young lady, I have been in your shoes, I was also terrified and I am an adult. I chose to come forward as well and as you can guess, the perpetrator says it was consenual??? He knows the truth and so do I. I am a firm believer in what goes around, comes around-the 360 Rule. When someone harms you, significant harm will eventually come to them.
{Sarcasm Warning}
Yeah, because everyone knows there's no such thing as a teenage girl who can be vindictive... Remember the teenage girl who made up the story about being beaten up for making a patriotic sign? You are delusional if you believe a teenage girl does not have the mental capacity to do something like this when this kind of stuff is all over the media all fo the time.
Please

Denmark, SC

#62 May 8, 2008
We have all been to high school I didn't have to be there to know that he did it. Coaches/ PE teachers have been doingit for years and they really do think that they are gods gift to women for some apparent reason and be molesting the kids he11 that's where it comes from and most of them are atheletic and muscle built and feel like they can do and and the sad part about it is that the little girls have crushes on them and think that they are so fine.

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