WIS News 10 - Columbia, South Carolina | Newberry child molestation case gets even more complicated

Newberry child molestation case gets even more complicated

By Jody Barr - email

NEWBERRY, SC (WIS) - The attorney for a man charged with criminal sexual conduct says the man's rights were violated when he was re-arrested after being let out of jail by mistake.

The news comes as the victim's family appeared in court Tuesday -- to support the suspect.

"We believe this is an invalid bench warrant, they have no authority to re-arrest him," said John Ussery's attorney, Matthew McGuire. "We are cooperating to try to expedite this, but the judge has no authority to issue a bench warrant."

Ussery and McGuire walked into the Newberry County jail Tuesday to clear up a warrant McGuire says shouldn't have been issued in the first place.
     
The problems started nine days ago when Magistrate Tom Abraham set a $75,000 PR bond on Ussery's first-degree CSC charge. State law prohibits magistrates from setting bond on charges like that, something a circuit court judge must do.
     
On Monday, eight days after Ussery left jail, Abraham issued a bench warrant. But according to state law, magistrates only have power to sign bench warrants if defendants fail to appear in court. John Ussery never missed his court date.

"The magistrate had no jurisdiction to hear this case," said McGuire. Because of that, they've made my client out to be a villain, as if he's a fugitive."

McGuire was able to get a circuit court judge to set Ussery's bond at an emergency hearing Tuesday in Newberry. In the courtroom, the victim's family was there to support Ussery.

"I don't know what else that could say, except obviously they believe he's innocent," McGuire.
    
The circuit court judge set Ussery's bond at $100,000, placed him under a 9:00pm curfew and ordered him electronically monitored.
     
In the incident report, it says the victim in the case made similar accusations against another man some time ago, then denied the allegations later. Ussery's attorney brought that up in court Tuesday morning.
     
As for the bench warrant, we called Judge Tom Abraham and Newberry's chief magistrate several times to find out if this case is being reviewed. Neither returned our phone calls.

Previous Stories:

• Bond set for accused child molester after second arrest

• Sheriff: Judge let accused child molester out of jail by mistake

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