Gag order imposed in Hill case

Web posted November 26, 1997

By Kathy Steele
South Carolina Bureau

AIKEN -- Circuit Judge Marc Westbrook has imposed a gag order in the case of David Mark Hill, who is accused of killing three Aiken County caseworkers in September 1996.

The gag order seals the case record and prevents attorneys from talking about the case.

``That's the judge's standard procedure in death penalty cases,'' said attorney Robert Harte, one of two attorneys representing Mr. Hill.

A telephone message left for Judge Westbrook was not returned Tuesday. The judge is from South Carolina's 11th Judicial Circuit, which covers Edgefield, Lexington, McCormick and Saluda counties. He was appointed trial judge by the South Carolina Court Administration.

On Monday, Judge Westbrook ordered the press and the public, including several family members of victims, out of a preliminary hearing. Mr. Harte said he would expect future hearings also to be closed.

The trial is tentatively scheduled to begin April 13. However, Mr. Harte said that may be an unrealistic date.

In documents filed before the judge's gag order, Solicitor Barbara Morgan pressed Mr. Harte and Public Defender Regina Poteat to say if they would present a defense based on mental illness or insanity.

Because of the gag order, Mr. Harte said he couldn't comment further or discuss Mr. Hill's current mental or emotional health.

Mr. Hill was arrested on the morning of Sept. 17 when police officers found him lying near railroad tracks near the Department of Social Services office in North Augusta. He had shot himself in the mouth.

He was in critical condition at Medical College of Georgia Hospital for several days before being formally charged with three counts of murder in connection with the shooting deaths of caseworkers Josie Curry, 35, Michael Gregory, 30, and Jimmy Riddle, 52.

Mr. Hill also is charged with kidnapping, assault and battery with intent to kill and possession of a pistol while committing a violent crime.

Police said they believe Mr. Hill was upset about his paraplegic daughter, then 4, being placed in foster care. They said he walked into the social services office with a semi-automatic handgun and demanded to see his family's caseworker.

Ms. Morgan intends to seek the death penalty against Mr. Hill if jurors find him guilty.