GREENVILLE, S.C. (WSPA) – Suspended Greenville County Sheriff Will Lewis was back in court Monday.
His attorney and the attorney for the state of South Carolina gave remarks on what they believe should be included in indictments against Lewis going to trial.
Will Lewis sat in a Laurens County courtroom as his attorney Rauch Wise argued that the state of South Carolina needed to be less vague in their indictments against Lewis.
Wise said the state could also violate double jeopardy because the same facts that prove the Obstruction of Justice indictment are the same facts that prove the Perjury conviction.
“They indicted him for perjury and that he allegedly filled out an affidavit saying that someone completed a background check when allegedly it hadn’t been done that is the perjury charge he is also charged with misconduct in office with the exact same facts that he signed an affidavit that he had done a background check and allegedly it hadn’t been done that clearly is a double jeopardy violation.”Rauch Wise, attorney
Kevin Brackett, 16th Circuit Court Solicitor, and his team are the prosecution building a case against Lewis.
They argued that the details in the indictments are sufficient.
Brackett said all the information the defense needs is in the discovery which is designed to allow disclosure of information between the two sides.
“If you look at the vast majority of indictments i don’t think they contained a detailed explanation on exactly the activity the person engaged in we have a very generous discovery policy in South Carolina we provide detailed reports to the defense and all of the underlying documentation so they can see exactly what our case is that is what the case is now to prepare them for trial so the discovery does exactly that.”Kevin Brackett, 16th Circuit Court Solicitor
Wise argued that it would be easy for the prosecution to include more specific information in the indictment on all charges against Lewis.
Judge G. Thomas Cooper is now reviewing both arguments.
He has not said when he will share his findings.
Attorneys on both sides said they are hoping for a jury trial in October.