Affidavit Reveals 190 Phone Calls Between Greer Councilman and Grand Jury Foreman, Computers Seized
Greer: Greenville County officials involved in road paving and law
enforcement had long been puzzled by the access Councilman Tony Trout
seemed to have to a local Grand Jury. The identity of Grand Jury
members and their proceedings are by law intended to be secret. It was,
therefore, puzzling that Trout openly implied that the Grand Jury was
going to carry on his battle against county employees administering the
road paving program.
It all fell into place when the State Law Enforcement Division (SLED) provided the missing parts of the puzzle by announcing Friday that they had seized computers belonging to Councilman Trout and his apparent friend, Jury Foreman David Smith, who like Trout has had past conflicts with Greenville County and others regarding road paving issues. A SLED affidavit revealed that within the past year, Trout and Smith have had some 190 telephone conversations.
SLED Special Agent Gene Donohue obtained separate court orders from Resident Circuit Court Judge D. Garrison Hill authorizing the search of the home businesses of Trout and Smith and “seize any and all computers owned by or used by” the individuals, “either desk top, lap top or otherwise” located on the premises.
The court order authorized the agents to search the computers for any and all communications between Mr. Trout and any member, present or former, of the Greenville County Grand Jury to determine not only the extent of the communications but also the substance of any communication.
The SLED affidavit signed by Donohue does not allege a crime has been committed but asks for authority to further the investigation to determine whether a crime has been committed.
Referring to the extensive telephone communications between Trout and Smith, Donohue writes in his affidavit:
“Due to the extent and the duration of these communications, it is believed by this affiant that further investigation is warranted into Mr. Trout’s communications with sitting members of the grand jury, to determine if this communication violates Section 16-9-350; Attempting to influence Juror by written or oral communication; and/or the common law offense of Contempt of Court.”
The investigation was requested buy Judge John Few, who is the judge charged with administration of the Grand Jury’s activities.
In October of this year, Tony Trout accused Judge Few of “abuse of authority” and claimed the judge was delaying the subpoena of a Greenville County Employee Trout wanted called before the Grand Jury and questioned regarding the county’s road paving program. (“Trout Accused Judge of “Abuse of Authority,” The Times Examiner, Wednesday, October 17, 2007)
Thirteenth Circuit Solicitor Bob Ariail, whose office would prosecute should criminal activity be discovered or alleged, has declined any comment regarding the ongoing investigation.
Tony Trout’s campaign to represent District 18 in the Greer community on Greenville County Council three years ago was one of the most controversial in Greenville County history. Most of his campaign financial support came from outside District 18. His election victory in the Republican primary was credited in part to blatant crossover voting by Democrats who favored Trout’s agenda. The controversy pitted Trout against the Republican Party at both the county and state levels. He recently infuriated some of his financial backers by voting against the County Tree Ordinance. He is expected to reverse himself and vote in favor of it when the ordinance is brought up for reconsideration in early January, 2008.
|
