Posted on 10/26/2006 3:25:20 AM PDT by proud_yank
COLUMBIA, S.C. - Six years ago, convicted sex offender Kenneth Glenn Hinson was released from prison after a judge rejected prosecutors' pleas that he be committed indefinitely.
That same judge was to preside Thursday over a preliminary hearing for Hinson, now charged with kidnapping and raping two teenage girls in an underground room behind his home.
Circuit Judge Edward Cottingham's decision in 2001 allowed for the eventual release of Hinson, 48, who was arrested again after a four-day manhunt in March.
The girls were sexually assaulted and left bound inside the room, concealed under a shed, but managed to free themselves and get to safety, authorities have said.
The dungeon was a chilly, crypt-like space, just 4 1/2 feet deep and roughly the length and width of a midsize car, with the floor and walls lined with two-by-fours. A single 75-watt bulb illuminated the space.
State Attorney General Henry McMaster's office previously criticized Cottingham, but would not talk about the judge Wednesday because the office is handling Hinson's prosecution.
Hinson was convicted in 1991 of second-degree criminal sexual conduct for the rape of a 12-year-old girl and served just over 9 years in prison, according to McMaster's office.
Just before Hinson's release from prison in 2000, two review committees recommended he be committed indefinitely to a Department of Mental Health facility for treatment. One committee even said in its report that Hinson suffered from a mental disorder and could possibly re-offend.
At that point, McMaster's office asked that Hinson be committed to the state's sexually violent predator program. Cottingham, a retired but active judge, rejected the request, writing in October 2000 that the appeal had "failed to demonstrate that probable cause exists to find that respondent suffers" from mental incapacity and the capability to sexually offend someone in the future.
McMaster's spokesman Trey Walker said in March that had Cottingham not dismissed the case, there was a chance that "those girls would not have been victimized."
A phone message left with Hinson's attorney, Frederick Hoefer II, of Florence, was not immediately returned Wednesday. Cottingham did not return messages.
Cottingham has told a local TV station in Columbia that he does not remember the case.
McMaster said he will tell the judge Thursday that the state intends to seek a life sentence without parole. A trial date could also be set.
What is the poop on this judge? Most of them who do stuff like this are Clinton appointees.
Why's he still on the bench?
Seems like it's the judge himself who oughta be brought before a judge.
I agree. Let him spend a night in jail with this sicko.
Meanwhile, Sandra Day criticizes Americans for wanting to hold judges accountable? The independance crap issue,
This judge should be beaten by the girls families.And if one of their fathers did and I were on a grand jury I'd refuse to indict.
"Cottingham has told a local TV station in Columbia that he does not remember the case".
Sure sounds like a Clinton appointee, no?
Then maybe he needs to hang up his robes for good. Senility of Liberility are the only explanations I can see for his rulings in this case.
Doesn't sound too bad to me.
Then you're fricking senile and you should retire.
Maybe that judge should appear alone before the rapist for a while in order for his 'honour' to be convinced that the man is an animal and should have been put out of his misery the first time.
Isn't he a state judge and not a federal judge?
I don't know, but that judge should be in front of another judge. The prosecutor had tried to be clear that this animal was still a real danger to society. The judge chose to ignore the clear warnings. Now two more innocent victims (that we know of) have now paid the price for this incompetent judge who should share in the rape penalty of this animal.
This is a State judge, not Federal.
Wonder if this rocket scientist of a judge will give the rapist bail. Probably. :(
Legalese confuses me at times and this is one of them. 2nd degree? Criminal sexual conduct? For raping a 12 year old?
They are mostly saying state. I'm not much informed about judges (along with a lot of other stuff and that's why I get trounced a lot on FR).
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.