Hill jurors will come from York

Judge chooses Upstate county for Jan. 24 jury selection after finding its demographics to be similar to Aiken

Web posted November 19, 1999

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Greg Rickabaugh
South Carolina Bureau

Residents from the Upstate of South Carolina will decide the fate of David Mark Hill, charged with killing three caseworkers at the Department of Social Services office in North Augusta in 1996.

Click on image for larger version. STAFF

Circuit Judge Marc Westbrook has selected York County from which to pick a jury in the Hill trial. Selection will start Jan. 24.

After 12 jurors and a few alternates are selected, the York County jurors will be transported to Aiken County and sequestered in a hotel for the duration of the trial. If the jurors find Mr. Hill guilty, they must remain to decide whether he should be sentenced to die for the crimes.

Judge Westbrook selected York County because of its similarities to Aiken County. He had narrowed his choices to York, Beaufort and Berkeley counties, comparing demographic information such as population size, minority percentages, educational attainment, income levels and registered voters.

After examining scheduling conflicts and talking to court officials in the other counties, Judge Westbrook announced his decision of York in a court order Thursday.

Wedged among Cherokee, Chester and Lancaster counties, York is known for its rivers, streams and rolling hills. It lies on the edge of the Piedmont and is considered by some as a suburb of Charlotte, N.C. A large percentage of its residents commute the 26 miles to that metropolitan city for work each day.

The change of venue was ordered in October when efforts to seat a fair and impartial jury in Aiken County hit a snag -- too many people knew about the case or had strong feelings about it. The judge explained his decision to the remaining jurors in October.

David Mark Hill will be tried before jurors from York County, S.C. Jurors will be transported to A”ken and sequestered. FILE/STAFF

``There has been so much pretrial publicity that you have been saturated with so many details about this case,'' Judge Westbrook said. ``You would be asked to do something you just couldn't do. You'd be asked to put out of your mind things you just can't.''

The court had summoned 350 people for jury duty, but more than 60 could not be located. After that, dozens were excused because they were older than 65 and not legally required to serve. Still others had legitimate medical excuses or children to care for.

For three days in October, the remaining jury pool recalled specific details of the killings and how they felt about it. By the end of the week, only 60 qualified jurors remained, and only five of them had never heard of the case.

Also, there was a long road ahead in the selection process. The court faced another round of interviews, excusing jurors who didn't believe in the death penalty, had a connection with one of the witnesses in the case or had a history of family violence.

Judge Westbrook stopped the trial Oct. 14 and agreed to a motion by defense attorney Robert Harte to pick a jury elsewhere.

Jimmy Riddle, Josie Curry and Michael Gregory were shot to death in the North Augusta office of the Department of Social Service in 1996. Prosecutors say Mr. Hill killed the caseworkers because he was upset when his children were put in foster care.

Mr. Hill has been charged with three counts of murder, assault and battery with intent to kill, kidnapping and burglary.

Reach Greg Rickabaugh at (803) 279-6895.