SC attorney general asks to unseal secret order that released convicted killer early
The South Carolina Attorney General’s Office has made a formal request to unseal the secret order that freed convicted murderer Jeroid Price.
Attorney General Alan Wilson filed the four-page motion Tuesday in Richland County state court to unseal “all documents” in Price’s case.
Wilson is asking that the 5th Circuit’s administrative judge, Robert Hood, unseal the motion in the case that let Price out of prison “for the limited review” of letting his inspect it.
“The Attorney General’s Office is unable to assess potential statutory and constitutional violations related to this release without the ability to review all of the documents under seal,” the motion says.
Then, within 24 hours, Hood would decide whether to seal the records completely or order their partial or full release, the Attorney General’s Office said.
A hearing has tentatively been set for 4 p.m. Thursday at the Richland County Courthouse, expected to be before Judge Robert Hood, the 5th Circuit’s chief administrative judge. Expected to attend the hearing are representatives from Wilson’s office, Price’s attorney Todd Rutherford and 5th Circuit Solicitor Byron Gipson.
“I’m very pleased. This is the right avenue, exactly what needs to be done. I’m glad the attorney general is taking the initiative,” said Pascoe, who tried the case and won Price’s murder conviction while an assistant 5th Circuit solicitor in Richland County. “I know the Smalls family is very appreciative also.”
Pascoe added, “I have had nothing but good conversations with the AG’s Office since yesterday (Monday) when this was brought to my attention.”
Price, who was serving a 35-year sentence after he was convicted in 2003 for murder in the death of Carl Smalls, was released from prison nearly 16 years early in mid-March under an order purportedly written by now-retired Judge Casey Manning at the request of Price’s attorney, state Rep. Rutherford, D-Richland, said 1st Circuit Solicitor David Pascoe.
Wilson’s office said in its Tuesday motion that under state law, someone sentenced to prison for murder must serve a “mandatory minimum” term of 30 years and “is not eligible for any credit” that would reduce that sentence.
The motion also said that the victims in the case — relatives of Smalls — were not notified of the efforts to free Price early.
“This office was never served with any motion nor order, nor was it ever made aware of any proceeding or circumstances which would have reduced the defendant’s sentence,” the motion said.
There are measures in both state and federal court that do allow inmates to be released early, or get a reduced sentence, if they provide substantial assistance to law enforcement, several Columbia-area lawyers told The State. But critics of Price’s early release say that it is unusual because of several factors, including the large number of years lopped off of Price’s sentence, the violent murder itself, the public outrage from law enforcement and the lack of notification to the victim’s family.
The case also has raised unanswered questions including, but not limited to, what did the order say, whether there was a hearing and whether any transcript exists.
The Smalls family told The State Tuesday that they were “devastated” to discover Price would be released so early. Originally a defensive lineman on the University of South Carolina football team, Smalls had recently transferred to the University of North Carolina when he was shot and killed during a fraternity party at the VooDoo Club in Columbia.
Smalls’ parents said they got a call from a victim’s advocate hours before receiving a robocall officially notifying them of Price’s release on March 15.
“It doesn’t sit right with me. It shouldn’t sit right with anybody,” said Sarah Ford, legal director at the South Carolina Victim Assistance Network. “Any time we push victims from the center of what’s happening, we’re going in the wrong direction.”
Rutherford declined to comment when reached Monday about the order. Gipson told The State he knew about the release but declined to comment about the order.
In a statement provided Wednesday, Gipson said his office participated in talks in December 2022 with Rutherford and the court about Price.
And, “upon evaluating the nature of Mr. Price’s assistance, my office decided that it would be appropriate to file the motion so that a formal hearing could be held in order determine how much, if any, of Mr. Price’s sentence merited a reduction,” Gipson said.
An official motion, Gipson said, was never filed because an order was issued before the motion could be filed, resulting in no formal hearing where the victim’s family could have attended.
For those reasons, Gipson asked that the court reopen the case “in order to ensure that all statutory rights and procedures are followed correctly.”
At Price’s trial, a gang expert testified about the history of the Bloods and the Crips, gang activities in Columbia, gang clothing and hand signals. In direct-examination, the expert said Price was a member of the Bloods and was a supreme or officer within the gang.
Price’s conviction and sentence were upheld in a 2006 unanimous decision by the S.C. Supreme Court.
Wilson’s Tuesday motion was signed by top deputy attorney generals Don Zelenka, Jeff Young and Heather Weiss.
Copies of the motion were sent by email to Rutherford, Gipson and Joanna Delany, another of Price’s defense attorneys.
This story was originally published April 18, 2023 at 4:09 PM with the headline "SC attorney general asks to unseal secret order that released convicted killer early."