Barbara Morgan said Monday that the public defender's office may struggle if another lawyer works on Mr. Hill's trial. JONATHAN ERNST/STAFF

Defense seeks help in Hill case

Web posted July 27, 1999

By Margaret N. O'Shea
South Carolina Bureau

AIKEN -- The capital murder trial of a man accused of killing three social workers in North Augusta in 1996 is growing so complex that the public defender's office wants to add another of its lawyers to the case, which comes up in court Sept. 13.

But Solicitor Barbara Morgan said Monday she's worried the public defender's office would not be able to deal with much else that is on the calendar before Mark David Hill's trial begins.

Mr. Hill faces a possible death penalty for what the state contends was a vendetta against the South Carolina Department of Social Services for putting his children, including a paraplegic daughter, in foster care.

He is accused of walking into the agency's North Augusta office and shooting Jimmy Riddle, 52, the worker in his children's case, and two others -- Josie Curry, 35, and Michael Gregory, 30. All three died.

Mr. Hill, who has a history of mental disorders and suicide attempts, sat impassively in an Aiken County courtroom Monday while Ms. Morgan and Assistant Public Defender Regina Poteat explained their positions to a judge briefly but in sometimes testy terms.

``If they assign another public defender to this case, it would take away from their ability to deal with other pending cases,'' Ms. Morgan said.``That's my concern.''

``I appreciate her concern for the workload of my office,'' Ms. Poteat told Circuit Judge Marc H. Westbrook. ``But as the defense team for Mr. Hill, it is not our concern whether there are sufficient attorneys for her office to continue trying cases.''

Ms. Poteat and Aiken attorney Robert J. Harte are assigned to Mr. Hill's case. But they say it is convoluted and they still don't know all the evidence they're expected to counter.

Monday's hearing was to deal with some of those evidentiary questions and details about jury selection. Judge Westbrook intends to bring about 350 people into court and choose a jury from that number.

The murder trial of David Mark Hill (left) has become so complicated, Assistant Public Defender Regina Poteat (standing) argues Monday at the Aiken County Courthouse, that another lawyer is needed to help her and Robert J. Harte (center).

Defense attorneys want to see any death scene photos that might be shown in court, as well as copies of State Law Enforcement Division reports they say never were provided.

Ms. Morgan wants all the materials used to determine Mr. Hill's mental state when he was evaluated at South Carolina State Hospital.

Most of the matters that came up Monday will have to be dealt with if they become issues while the trial is unfolding, Judge Westbrook said.

And he did not say definitely if another attorney would be authorized for the defense, which will be paid for with public money.

Plagued by delays, the trial now is scheduled nearly three years to the day after the shootings occurred.

Margaret N. O'Shea can be reached at (803) 279-6895 or scbureau@augustachronicle.com.