David Mark Hill talks with Tesa Medlin, a legal clerk with the Aiken County Public Defenders Office, during a break in the juror selection Monday in Aiken County General Sessions Court. RON COCKERILLE/STAFF

Trial proceedings move slowly

Web posted October 12, 1999

By Greg Rickabaugh
South Carolina Bureau

AIKEN -- Defendant David Mark Hill stood up and faced 136 jurors in an Aiken County courtroom Monday as the judge asked if anyone had a personal connection with the defendant.

No one did.

But when the judge asked if anyone had heard about the crimes Mr. Hill is charged in -- the shooting deaths of three South Carolina Department of Social Services workers 1996 -- 131 potential jurors stood up in unison.

That prompted a series of private meetings with each juror, the judge and attorneys from the prosecution and defense to find out how much jurors know about the case and whether they could decide Mr. Hill's guilt or innocence with fairness and impartiality.

So began opening day in the death penalty trial of Mr. Hill -- slow and tedious. It was like the first day of school: a lot of paperwork, procedures, introductions and general boredom.

David Mark Hill stands so potential jurors can see him, along with his lawyer Robert Hart during the juror selection for Hill's upcoming murder trial. RON COCKERILLE/STAFF

The grilling of jurors on what they already know about the case -- through newspapers, television, family or otherwise -- was expected to continue today. Six of 16 potential jurors interviewed were excused from serving because of their knowledge of the case.

Circuit Judge Marc Westbrook may rule as early as this afternoon on whether the trial must be moved to another county because of publicity in the case. That would delay the trial by at least a month.

Everything takes time, potential jurors learned Monday. Just the roll call took a half hour.

Judge Westbrook tried to alleviate the tension with humor, telling potential jurors not to talk about the case.

``Talk about anything else. Talk about the Gamecocks, although I'm not sure any of you want to talk about the Gamecocks,'' said the judge -- a University of South Carolina graduate -- referring to the school's 0-6 football season.

Jurors laughed.

To the five potential jurors who swore they had never heard of the case, it was apparent Mr. Hill was accused of something big. Three television cameras were set up for the trial's opening day, and two area newspapers covered the proceedings.

It became clear when Judge Westbrook announced the charges against Mr. Hill:

Three counts of murder in the slayings of state caseworkers Michael Gregory, Josie Curry and James Riddle.

Attempted murder. Police say Mr. Hill fired shots at Annette Michael, a DSS employee.

Kidnapping. Police say Mr. Hill held Ms. Curry against her will.

Burglary. Police say Mr. Hill entered the building without consent.

Police say they believe Mr. Hill was upset because his children were being placed in foster care. Police said he walked into the Department of Social Services building on Sept. 16, 1996, and shot three caseworkers with a semi-automatic pistol.

If a jury convicts Mr. Hill, the same jury would be asked to decide whether he should receive a death sentence.

Picking a jury of 12 people and a few alternates is expected to last at least a week.

A competency hearing is scheduled for next Monday to determine if Mr. Hill is able to stand trial. If he is found incompetent, that would make jury selection a moot point until he is found competent enough to understand the charges against him and assist in his defense.

Reach Greg Rickabaugh at (803) 279-6895.