WIS News 10 - Columbia, South Carolina |Sheriff hires full time attorney to handle media calls

Sheriff hires full time attorney to handle media calls

BISHOPVILLE, SC (WIS) – Lee County Sheriff Daniel Simon has hired a Columbia attorney as his personal "legal counsel, advisor and liaison," according to Charlie Jay Johnson, Jr., the man Simon hired last week.

Johnson, who holds a law degree from William and Mary Law School, also works as the Lee County and Sumter County part-time DUI prosecutor. Johnson could not tell WIS what his specific job responsibilities would be, or what his salary would be when we contacted him Tuesday.

"I just want to make sure he does everything correct," Johnson said by phone Tuesday, talking about why Simon hired him.

"I have no comment at this time," Simon told WIS by phone. "He's full time, he's my attorney," Simon said. Simon, who did not comment further, had Johnson return our calls Tuesday.

WIS got word of Simon's hire after we launched an investigation into why Lee County sheriff's Captain Bobby McDuffie resigned last week.

Our investigation started in November after allegations surfaced that McDuffie was taking part in questionable activity while on duty. Simon would not comment in November, but confirmed to WIS that he was investigating McDuffie.

Last week, new information led WIS to file a Freedom of Information Act request with Simon, requesting McDuffie's personnel files, as well as copies of "all Lee County Sheriff's Office's ethical and moral policies and memorandums, as well as the names of the deputies who have signed the documents."

The day after the WIS open records requests, McDuffie resigned, according to Johnson. Neither Johnson nor Simon would comment on the specific reasons when contacted Tuesday. "I have no comment at this time," said Simon. "I have an attorney on staff. Charlie will get back to you on that."

Lee County already uses tax dollars to pay a full-time attorney to handle legal issues for the county, and his services are readily available for all departments, including the sheriff's office. Johnson's position would require him to be "on call" for Simon, the sheriff told WIS.

WIS has filed an open records request to see Johnson's employment agreement, as well as his compensation. We'll update this story as soon as those records are delivered. 

JOHNSON'S HISTORY WITH REPRESENTING LEE COUNTY SHERIFF'S OFFICE EMPLOYEES

Charlie Johnson also represented a high-profile Lee County sheriff's office employee during former sheriff EJ Melvin's federal drug conspiracy trial. Former LCSO Victim's Advocate, Angela Ruth, hired Johnson to represent her after the FBI turned Ruth into a government's witness against Melvin.

Agents started investigating Ruth "because a review of Melvin's personal bank account records from SAFE Federal Credit Union showed that over $12,000 in checks were written to Melvin out of the Lee County Victim's Advocate fund," according to court records. The checks were deposited between Jan. 1, 2008 and the present. "Witness X was the signatory on each of the checks," according to the filing.

The checks were for reimbursements for Melvin's catering services, "of LCSO social events like luncheons and Christmas parties," the filing shows. In a July 15 interview with investigators, Ruth admitted she had a 12 year-long affair with Melvin, between 1993 and 2005. Ruth told investigators that Melvin would send her an invoice for his catering services, on events "that had little or nothing to do with providing services to crime victims," according to court records. Ruth denied that she ever received any kickbacks from the funds she provided Melvin, until federal agents interviewed her a second time, on August 3.

During the second meeting, agents said Ruth hired Columbia attorney, Charles Johnson. The advocate admitted to investigators that she received a "cut" of the checks she issued Melvin, only after agents played a recorded phone call between she and Melvin, the filing states. The call was caught on Melvin's cell phone on April 15, during the 30 day federal order that allowed agents to place wire taps on the sitting sheriff's phone.

At some point during the pair's relationship and money laundering scheme, Ruth told Melvin, "that she was concerned that he was associating with too many drug dealers," records showed. Melvin told Ruth that he was "untouchable," according to federal agents.

Agents documented a string of six checks deposited into Melvin's account, from the victims advocate account in 2009. The checks totaled $9,300. Ruth, according to court records, received at least $1,300 as a "cut" from Melvin.

Johnson would not allow Ruth to comment on her involvement with the Melvin case.

The FBI allowed Ruth to testify against Melvin, in exchange for not charging her with a crime.

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