Government critic released from jail early after Bluffton arrest. Why?
A civic challenger sentenced to 15 days in jail for trespassing was released after just three, a move that involved an unusual shuffle between local judges and public support from high-ranking elected officials.
Calvin “Skip” Hoagland was arrested earlier this year for trespassing a Beaufort County GOP executive committee meeting in Bluffton. His time in jail became the subject of a local investigation, because Beaufort County Councilman Tom Reitz brought two phones into the detention center on a visit to Hoagland.
Hoagland’s attorney filed a notice of appeal on Aug. 20, the day after he was sentenced. Just three days later, a court discharge signed by Beaufort County Magistrate Court Judge Richard Brooks ordered the detention center to release him.
Police looked into Hoagland’s early release during the Reitz investigation.
When investigators showed Brooks the discharge document and asked him why Hoagland had been released early, the judge told investigators he was merely the on-call judge that day and was “asked to sign the form,” public records show. He said he “did not know” why Hoagland was being released early.
Investigators eventually found that Bluffton Municipal Court Judge Clifford Bush, the judge who signed the original Aug. 19 order convicting Hoagland, made the decision to release him early. But Bush “refused” to speak on any specifics of this case when approached by investigators, according to the police report. He said it was because an appeal had been filed, the report said.
Documents obtained by the Island Packet show Hoagland made frequent calls during his three-day stay in the detention center. At one point, he was told that Congresswoman Nancy Mace, who publicly supported him online, might visit him in jail.
On the phone, Hoagland promised “dirt” on South Carolina Attorney General and Mace’s opponent in the governor’s race Alan Wilson in exchange for his release, records show. It’s unclear who was on the other end of the line or what that “dirt” was. Hoagland also mentioned in a call to his wife that he wanted a pardon from Lt. Governor Pamela Evette.
Public officials’ involvement
When asked if Bush was contacted by any elected officials prior to reducing Hoagland’s sentencing, Bluffton town spokesperson Debbie Szpanka said that the request came “directly from the defense attorney.”
In the appeal filed the day after sentencing, Hoagland’s attorney argued that Judge Bush made a mistake when he found his client guilty of trespassing. The town never proved that the Republican Party or its members actually had the right to remove someone from the venue, the appeal said.
The 15-day sentencing Hoagland received was for his first trespassing offense, the lawyer argued in the appeal. It was overly harsh, involved no violence and violated constitutional protections, the appeal said.
During an interview with investigators about the cell phone issue, Reitz told police he spoke with Mace. The Congresswoman, Reitz said, told him “not to worry” and that “she was taking care of having Skip released from jail.” The councilman told police he did not speak with Judge Bush.
The Beaufort County Sheriff’s Office opened an investigation into Reitz’s conduct in September. It was described as a “potential contraband incident,” because of the two phones brought in. Reitz has since been cleared of criminal wrongdoing, though local officials said they will forward their findings to the state ethics board.
Police reports say that while Hoagland was in jail, he repeatedly offered to donate to Reitz’s campaign if the councilman visited him, later offering to fund his “entire next campaign.” Reitz told him that wasn’t necessary, records show.
Mace was mentioned several times throughout the 43-page report obtained by The Island Packet through a public records request. Other elected officials, including Evette, were also mentioned; Hoagland told his wife he wanted Evette to “give him a pardon.”
During one of Hoagland’s many calls from the detention center, according to police reports, he was told that Mace might visit him in jail. Hoagland asked several people on the phone to call Mace to get a pardon or have the charges dropped against him.
Hoagland had a conversation on the phone with someone he referred to as “Nancy,” although investigators were not able to find out whether this was actually the Congresswoman.
On Aug. 22, the day Hoagland was released, Mace posted his booking photo on her Facebook page, writing, “we should not be JAILING people for showing up and peacefully exercising their First Amendment rights.”
Soon after, she suggested her public criticism prompted the early release. Hoagland, she wrote, had been set to serve a two-week sentence “for peacefully showing up to an Alan Wilson event,” but “when we posted about it, he was immediately released.”
When asked if Mace made any requests to have Hoagland released, a spokesperson for the Congresswoman said they “don’t have anything else to add.”
Is this normal?
Bush declined to speak with investigators because of an appeal, documents show. That is a plausible reason for a judge not wanting to speak with investigators, Beaufort County Sheriff’s Office General Counsel Daniel Gourley said. It could have been the judge’s effort to protect the integrity of the future appellate process.
Judge Bush also told lawyers that he would entertain motions to reduce Hoagland’s sentence during the original hearing, Gourley said.
Reducing an original sentence is unusual for already short sentences, but it’s well within a judge’s purview to change their original decision, said Gourley. He said he was not aware of any requirements for judges to explain why they made a change. It’s also not up to a judge to modify a sentence set by another judge, he said. But a judge signing off on another judge’s order is not typical, Gourley said. Beaufort County Sheriff P.J. Tanner said he found it “questionable” for one judge to sign on behalf of another, since there are jurisdictional boundaries between municipal and magistrate judges.
But because the Bluffton municipal court contracts with Beaufort County to do all bond hearings, a magistrate judge can sign off on a release on another judges’ behalf, Szpanka wrote in an email.
Why was Hoagland in jail?
Hoagland was arrested in January for trespassing at a meeting hosted by the Beaufort County GOP. He had not been a member in good standing for several years, and was told he would not be allowed into the meeting if he came, according to GOP Chairman Kevin Hennelly.
Hoagland, who sees himself as a ruthless truth teller, has since fought back against the charges, calling it a “setup” by those who attended the meeting, including Wilson.
“I am innocent and no one can prove me wrong,” Hoagland said when asked about the situation. “Some people just don’t like my harsh professional criticism.”
According to previous reporting, Hoagland has faced more than 20 misdemeanor convictions related to interrupting public meetings across Beaufort County.
