Capital watch

The special prosecutor investigating corruption won’t seek release of former House Speaker Bobby Harrell’s file.

Harrell was once the most powerful lawmaker in the state. His case launched the State House probe, according to Jay Bender who successfully defended the Chronicle in 3 lawsuits and represents state news media.

The State Law Enforcement Division has assisted special prosecutor David Pascoe in his investigation. But it has denied 4 open-records requests by The Nerve, the news service of the watchdog SC Policy Council.

SLED won’t release its file on Harrell, the House speaker more than 9 years before he pleaded guilty in 2014 to ethics violations.

In its last denial, a SLED spokesman said they had conferred with Pascoe and determined the Harrell file was “confidential” under the state grand jury law.

Generally, investigative files in closed criminal cases are considered public records, excluding certain legally allowed exemptions, according to several police agencies surveyed by The Nerve.

Jay Bender talked with Pascoe who said he doesn’t believe the file can be released.

“There isn’t much he can do,” Bender said. “There is state law and 200 years of precedent to keep grand jury matters secret except in extraordinary circumstances. “I think this legislative corruption case report was an exceptional circumstance.”

Bender was referring to a state grand jury report on legislative corruption that Pascoe convinced Circuit Judge Clifton Newman to release in October. In a related matter, Pascoe asked Newman to make public the blacked-out portions of the report.

Pascoe, the Democrat solicitor for Orange-burg, Calhoun and Dorchester counties, did not return a call this week.

The Nerve has pointed out that:

• A Richland County grand jury, not the state grand jury, indicted Harrell.

• The state grand jury report included evidence not related to the Harrell case – which normally is kept secret.

Under state law, the court can order disclosure of state grand jury findings.

The Nerve wants to learn how SLED investigators dealt with Harrell’s:

• Use of his private airplane and paying for it with his campaign funds.

• Dealings with the state Board of Pharmacy about his pharmaceutical business.

• Appointing his brother, John Harrell, to the state Judicial Merit Selection Commission, which nominates judges.

• Ties to he Palmetto Leadership Council, a political action committee.

• Campaign costs and reimbursements.

The state Freedom of Information Act allows police to keep files secret if their disclosure would “interfere with a prospective law enforcement proceeding” and protect the identity of confidential informants.

The Nerve’s FOIA requests excluded records of pending investigations.

The exemption disappears once a case is ended, said Adam Marshall of the Reporters Committee for Freedom of the Press.

Local police reports are considered public records after the cases are closed.

Brundrett is the news editor of The Nerve ( www.thenerve.org ). Contact him at 803-254-4411 or rick@thenerve.org . Follow him on Twitter @RickBrundrett.