David Holt was killed Father's Day 1998.

Sheriff's office withholds records on man in Holt case

Web posted Tuesday, January 23, 2001

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 Law overview
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By Johnny Edwards
Staff Writer

A former convict is in police custody in connection with the killing of Sam's Club Manager David Holt, but the Richmond County Sheriff's Office is refusing to produce the public document saying so.

The former convict was ushered from his workplace about 6 p.m. Thursday by sheriff's investigators, according to the man's supervisor. The supervisor said the man told him police were questioning him about the slaying and that he had taken polygraph tests.

The Augusta Chronicle has chosen not to reveal the man's name because the newspaper was unable to determine whether he has been charged with a crime. The man in custody has previously been convicted on drug charges.

A sheriff's jailer confirmed Monday that the former convict was being held for ``investigational purposes only,'' but would not elaborate. Sheriff Ronnie Strength said his office would say nothing concerning any aspect of the case, and would not provide a copy of the man's jail committal slip - a public record that would document his arrest.

State law requires the sheriff to document each person booked in the county jail, information including name, age, sex, race, date of arrest, alleged crime and the court handling the charges. The record must then be available to anybody who asks for it.

The law also says people arrested under warrants must have committal hearings within 72 hours, or 48 hours if arrested without a warrant. An inmate's first appearance entails the reading of charges, and setting of bail if the person is eligible.

Magistrate Judge John Baxter, who presides over jail hearings, said he has not held a hearing for the man in sheriff's custody.

Sheriff Strength refused to say whether a record of charges against the man exists or whether he has been charged.

If not, that would mean the man has been in custody more than four days without being booked.

Atlanta civil rights attorney Brian Spears said if he were booked there should be a record of it that cannot be withheld. ``There's a very clear statute on that.''

Daryl Robinson, deputy counsel for Georgia Attorney General Thurbert Baker, said Augusta law enforcement might be facing ``rare, limited circumstances'' that could give them legal grounds.

``There may be a reason that I am not privy to,'' he said.

District Attorney Danny Craig said keeping the information among law enforcement was his idea, and wouldn't discuss anything concerning the Holt case.

``Nothing is available because of the public safety issue,'' Mr. Craig said. ``This is certainly a public record. My position is that it's just not subject to the open records act at this juncture, but will be.''

An attorney for The Chronicle sent a letter to the sheriff Monday stating that committal information is clearly a public record and that the newspaper has never been denied access before.

``We've requested that the sheriff's department reconsider their position,'' said Shannon Lanier, an attorney with Hull, Towill, Norman, Barrett & Salley.

Mr. Holt - a husband and father of two - was found dead Father's Day 1998. After an apparent store robbery, he was taken across the state line, locked in the trunk of his car, then left to die after the car was set on fire.

Last week, an official familiar with the case said police were looking for at least one suspect said to be outside the metro Augusta area, and others were in custody.

A criminal indictment naming suspects in the slaying remains sealed.

Law overview

State law states the sheriff shall keep records of all persons booked in the county jail, including their name, age, sex, race, alleged crime, date of arrest and court of jurisdiction. These records can be examined on demand by any person in accordance with Georgia's open records laws.

In Georgia, public records include all documents, papers, letters, maps, books, tapes, photographs, computer data and similar material used in the operations of a public office or agency.

Staff Writer Sylvia Cooper contributed to this article.

Reach Johnny Edwards at (706) 823-3225 or johnny.edwards@augustachronicle.com.

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