Crime & Courts Richmond Co. | Columbia Co. | Aiken Co. |

Trial of former deputy ended in mistrial

Tuesday, March 5, 2013 6:11 PM
Last updated 8:15 PM
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The trial of a former Columbia County sheriff’s deputy accused of inappropriately touching an inmate ended in a mistrial Tuesday.

Derek Wayne McClure, 42, was indicted for sexual assault against a person in custody in February 2011.

The trial began Monday and ended when Superior Court Judge Carl C. Brown Jr. declared a mistrial Tuesday afternoon, according to Assistant District Attorney Laura Stewart, who prosecuted the case.

“They got a mistrial while they were playing a (videotaped) statement of the defendant, where it was discussed whether or not he would take a polygraph,” District Attorney Ashley Wright said.

Brown made what Wright called a “standard” ruling not to allow polygraph results as evidence unless it was agreed to by the prosecution and the defense. Any reference to them would cause a mistrial. Allowing the taped interview to mention the polygraph to the jurors was “inadvertent,” Wright said.

McClure’s trial will be rescheduled.

He was fired and arrested Nov. 3. A female inmate at the Columbia County Detention Center told police on Oct. 27 that McClure sexually assaulted her while transporting her from her home to the jail the previous night.

The indictment accuses McClure of touching the woman’s breast.

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GiantsAllDay 03/05/13 - 08:27 pm
Tell if I'm reading this

Tell if I'm reading this correctly. The DA's office screwed up, resulting in a mistrial, which will require another trial and thereby wasting taxpayer money. That's how I read it, but I could be wrong.

Dixieman 03/05/13 - 10:00 pm

You read it correctly. Prosecutor error. But ain't nobody perfect, and this kind of thing does happen.

soapy_725 03/06/13 - 10:41 am
Judge error set a confessed

matricide defendant free. Stay out of the courthouse. Justice is not blind. Justice is not equal under the law.

Sweet son
Sweet son 03/06/13 - 12:14 pm
Sorry for Ms. Stewart!

She will get another chance and Dixieman said it right about nobody being perfect. Giants put down your stones!

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