Slaying suspect Arthur Hastings Wise (center) and his attorneys Carl B. Grant (left) and Gregory Harlow attend a Thursday hearing on his trial. Circuit Court Judge Thomas Cooper Jr. granted the defense's motion for a delay because co-counsel Martin Puetz was replaced. RON COCKERILLE/STAFF

Phelon Co. killings trial delayed

Web posted July 14, 2000

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By Greg Rickabaugh
South Carolina Bureau

AIKEN - The third anniversary of the R.E. Phelon Co. massacre will pass this year without justice for its victims.

Circuit Judge Thomas Cooper Jr. agreed Thursday to further delay the death penalty case of Arthur Hastings Wise, granting a defense request for more time. Mr. Wise is accused of killing four Phelon workers Sept. 15, 1997.

The trial was planned for October, but the defense team asked for more time because attorney Carl B. Grant was just appointed to the case last month. Aiken attorney Gregory Harlow also represents Mr. Wise.

The delay is likely to anger officials at Phelon, who have publicly expressed their concern over the length of time that already has passed without resolution. President and Chief Executive Officer Russell D. Phelon has said the public should never have to wait more than two years for a trial, saying ``Justice delayed is not justice at all.''

STORIES:

• Phelon suit says threat was known  • Gag order imposed in Wise case  • Victims still remember plant attack  • State to make bid for death  • Shooting suspect indicted  • Phelon requests records  • Security employee files suit  • Victims: Wise had targets  • Shooting suspect held up bank  • Plant says goodbye to workers  • Workers struggle with grief  • 4 killed in Aiken County shooting  • Neighbors had few indications

Mr. Phelon was out of town Thursday and unavailable for comment, but a company official who asked not to be identified said plant officials would like the trial to move faster.

``It would be nice to have justice come more swiftly,'' she said. ``Most of us would like to be able to forget about it and put it behind us.''

Mr. Grant replaces former defense co-counsel Martin Puetz, who asked to be removed from the case because of a conflict. The Augusta attorney was arrested Feb. 14 on charges of criminal domestic violence of a high and aggravated nature. The charges were filed by the Aiken County Sheriff's Office, the agency that investigated the Phelon killings.

According to an incident report, Mr. Puetz's wife, Sharon, told sheriff's investigators her husband punched her in the stomach and swung her around by her hair at the couple's North Augusta home Feb. 10, causing her to break her left hand. The charges are pending.

The attorney's arrest has caused further delay in a case already marked by repeated postponements. Circuit Judge Rodney Peeples originally was assigned to the case, but Chief Justice Jean Hoefer Toal replaced him this year with Judge Cooper.

During a morning hearing Thursday, Judge Cooper listened to an update from prosecutors and defense attorneys. Mr. Harlow said setting the hearing for October was ``impractical.''

``I believe that an October trial date is a little bit too soon. Some stuff that needs to be done is out of our control,'' he said.

Second Circuit Solicitor Barbara Morgan told the judge she would like to move the case forward as soon as possible.

``It will be three years in September,'' she said. ``We would like this matter done as expeditiously as possible. .ƒ.ƒ. We are ready.''

Ms. Morgan also asked the judge to put a time limit on the defense team's requests.

Judge Cooper said he shared the solicitor's concerns but added, ``we only want to do this once.'' indicating he doesn't want a rushed case to be overturned on appeal.

The judge set a mid-August hearing date for a status update.

Mr. Wise, 46, is charged with four counts of murder, three counts of assault with intent to kill, four counts of possession of a gun while committing a violent crime and burglary.

Sheryl Wood, 27; David Moore, 30; Leonard Filyaw, 31; and Charles Griffeth, 50, were killed in the shootings. Those who were wounded include Jerry Corley, John Mucha and Stan Vance.

Police said Mr. Wise shot Mr. Vance, who was a security guard at the plant, and then walked through the plant firing a semi-automatic handgun. He had been fired from the plant about two months earlier.

Reach Greg Rickabaugh at (803) 279-6895 or scbureau@augustachronicle.com.