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STATE OF SOUTH CAROLINA )

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COUNTY OF RlCHLAND )
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State of South Carolina, )
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vs. )
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FREDDIE GRANT, )
Defendant. )
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IN THE COURT OF GENERAL SESSIONS
FIFTH JUDICIAL CIRCUIT
Warrant Number: 2012A401 J000008
SUPPLEMENTAL MATERIALS REGARDING
MOTION TO IMPOSE GAG ORDER
A motion to impose a gag order was filed with this Court on August 30, 2012 and was
served on Sheriff Leon Lott, Dan Johnson, Paulette Edwards, and Dan Goldberg on that same
date. Attached please find numerous published articles relating to this matter preceding the
August 30
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filing of the Motion for a Gag Order and numerous articles published after that filing
date. Additionally, please find attached transcripts of three press conferences helct;W Lott
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on August 28
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,:iOth, and 31 Sf respectively. 0;;; 'To
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Over the past week, Sheriff Lott has continued to hold these press
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the media frenzy surrounding the disappearance of Gabrielle Swainson. Mri.J;tt alsd-'
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appeared on the national television show "Nancy Grace" on at least two occasions. ehnn;j,ress -<
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conferences and television appearances, Mr. Lott has repeatedly referred to Mr. Grant as a
"monster". In fact, this was the lead headline the day after Mr. Grant's arrest in both the hard
copy and the online versions of The State newspaper: "'Monster' charged with kidnapping
missing teen," The State, Wednesday August 29, 2012, He has stated numerous times in local
and national press that Mr. Grant makes him "sick to his stomach". He has referred to him as
just an "overall bad guy". Leon Lott Press Conference, August 28, 2012. Mr. Lott is also
providing misrepresentations to the media that will be difficult ifnot impossible to deconstruct or
address. For example, Mr. Lott has continuously minimized the relationship between Mr. Grant
and Ms. Elvia Swainson as "acquaintances" heightening the public' s fear of the fictional stranger
yard manlhandy man. He has also implicated Mr. (rrant in the disappearance of Adrianna Laster
and the murder of a Camden man. There are no charges against Mr. Grant relating to either of
these individuals and there is no evidence that Mr. Grant had anything to do with the
disappearance of Ms. Laster or the death of this maD. Mr. Lott also refelTed to Adrianna Laster
as an 18 year old when in fact she is 28 and stated that there were many resemblances between
Gabbie and Ms. Laster when in fact Ms. Laster is almost twice Gabrielle Swainson's age. Leon
Lott Press Conference, August 28,2012.
Mr. Lott has not arrested a monster; he is trying to build one. 1 These incendiary
comments do nothing more than poison the community and any potential jury pool that may hear
this matter in the future. The bottom line is these comments, these press conferences, and these
appearances on a national sensationalized television show are doing nothing to solve the mystery
of Gabrielle Swainson's clisappearance. Calling Mr. Grant ugly names in public forums will not
advance this investigation. It may heighten Mr. Lett's "celebrity" status, but it won't solve this
investigation. Mr. Lett is doing his best to ensure a change of venue for Mr. Grant when it
comes time for trial. [n response to the Motion for a Gag Order he defiantly stated: "As long as
I'm allowed to I will talk about it; I'll talk about the facts, I'll talk about my description of him as
being a monster and that he bolds the key to finding Gabbie."
http: //www.wistv.com/sto rv 11942 9663/5 b eriff-Ieon-Iott -ga b b iees -b lood -found -in-b er-
bedroom, August 31, 2012.
And this is exactly what he has continued to do. In so doing, he has made it clear that he
has no regard for the Constitutional protections afforded by a fair trial in the community in which
I By his own a c c o w l ~ he is currently "building" a case .gainst Mr. Grant. Leon Lott Press Conference August
30,2012. This particular slatement was made by Mr. Loti after Mr. Grant's arrest
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a defendant is charged. Accordingly, the defense asks this Court to restrain this conduct now.
As noted in the previously filed Motion to Impose a Gag Order, this Court has the authority to
restrain pre-trial pUblicity. The Solicitor as prosecutor has a duty and obligation to: "refrain from
making e,,1ra judicial comments that have a substantial likelihood of heightening public
condemnation [emphasis added] of the accused and exercise reasonable care to prevent
investigators, law enforcement personnel [emphasis added], employees or other persons
associated with the prosecutor in a criminal case from making an extra judicial statement that the
prosecutor would be prohibited from making under Rule 3.6 [SCACR 3.6, Trial Publicity) or
this Rule. SCACR 3.8, Special Responsibilities of a Prosecutor. Mr. Lott's conduct is in fact
designed to "heighten public condemnation" in an apparent effort to mirror his own feelings
against Mr. Grant. However, nothing has been done by the Solicitor's office to restrain his
comments or his conduct.
We do not try cases by mob violence on the courthouse steps or in the media. We try
cases in courtrooms of justice where there are rules of conduct and Constitutional protections.
MI. Grant is entitled to a fair and just trial, but he will not get one if Mr. Lott and the other
individuals associated with this investigation are left unrestrained by this Court. The defense
again asks this Court to set a hearing date as soon as possible. For the reasons stated above and
in the previously filed Motion to Impose a Gag Order, the defendant now asks this Court to issue
a gag order against all parties involved in the prosecution and investigation of this matter
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restraining the dissemination of public comments to the guidelines established in the Rules of
Professional Conduct SCACR 3.6 and 3.8.
E. Fielding PringIc/
Chief Public Defender, Richland Count)'
Attorney for Freddie Grant
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