| Printed Page 190, Jan. 13 | Printed Page 210, Jan. 13 |

I think that Judge Cottingham has done a great deal to contribute to that feeling that people have which in our community is overwhelming. Everyone that I've talked to and people that have come up to me feel the same way that I do, that there is something very wrong here that's not being addressed.

So I mention that because I just wanted to point out -- I think that kind of comes into the area where Sheri said she felt he was talking out of both sides of his mouth because he's saying one thing and he's doing another.

He also said in his decision that one of the ways he knew he reached a good decision is when both sides were mad. Well, there has been a lot of outrage over the fact that he didn't really do anything about this. I haven't heard a peep out of anyone who thinks that he was sentenced very harshly which brings up another issue. I keep hearing that this man is a very stern judge particularly with sex offenders, but yet this case takes on a whole different -- it's in a whole different vein and why would that be? There'd have to be some reason that that is and the only explanation that I can find is that he's a public official.
Q. And, Ms. Dain, once again, that goes back to this disparity between sentencing. Could I ask you if you have any complaint today, you personally, and I would ask that the second -- the third witness as well is there any complaint on your part that aside from the nature of the defendant as to the nature of the crime effecting Judge Cottingham's sentence?
A. I'm sorry. Would you repeat that please?
Q. I've heard you and the previous witness describe the nature of the defendant, him being a public official somehow has effected Judge Cottingham's sentence, the severity of it. Does anyone or did either of -- you, since I don't have the other witness before us, do you believe the nature of the crime that it was a sexual crime perpetrated against a female? Do you allege that?
A. Do I believe that it is a sexual misconduct?
Q. No, do you believe it had any effect on Judge Cottingham's sentencing?

I was actually startled to hear him earlier say that this was a nonviolent crime. I don't believe that it was a nonviolent crime which -- well, in itself, I have concern about that statement.
Q. Is there anything else that you would like to --
A. Yes, I have petitions signed by 323 individuals in our area that would also like to let you know that they have no faith in this judge and I find that I have very little, if any, faith at all in any of my government institutions anymore. I don't say that to offend you.

I suppose that I probably shouldn't even say that because offending you probably doesn't help my cause, but one of the reasons that I feel that way is because of Judge Cottingham and his being on the bench has effected my feelings about the judicial system and others and that is not good for the community because we've all been effected in a very negative way.
Q. I wish to thank you for being here today. I'm glad you had the faith enough to at least participate in this government process. Mr. Chairman, I have no further questions.
THE CHAIRMAN: Thank you, sir. Any Members have any questions at this time? No questions. Thank you for coming. We very much appreciate it.
A. Thank you.
THE CHAIRMAN: Thank you.
MR. COUICK: Mr. Chairman, there is one remaining witness --
A. Should I leave this with you.
Q. Yes, ma'am and I'll have -- would you mind getting those and just hold them and we'll enter those into the overall record. Thank you, Ms. Dain.
THE CHAIRMAN: Would you please raise your right hand? Do you swear to tell the truth, the whole truth and nothing but the truth so help you God.
MS. WILSON: I do.
MR. CHAIRMAN: Thank you, ma'am. Have a seat and please state your full name for the record.
MS. WILSON: Kathleen Lynn Wilson.
THE CHAIRMAN: And remember to try to talk into that thing --
MS. WILSON: Okay.
THE CHAIRMAN: -- because the court reporter is trying to take down everything that you say? If you could speak right in. Usually if you come in on the side, it will pick it up.
MS. WILSON: Okay.

Assuming that we don't have personal involvement or any facts that would support personal involvement or personal conflict and we don't have any facts that show a departure from the norm, what can you tell me that keeps me from landing in this third camp. That says that nothing went wrong?
A. The leniency of sentences of public officials who came before Judge Cottingham, it seems that when the public officials commit a crime, if they're caught, they have to give back -- if they've stolen something, they have to give it back or they receive a light fine and some community service. It's very rare that they ever do any jail. And it's very rare that the fine is even that large.

I could repeat the cases that were in the paper. There are people taking $2,000 in bribes and they give the money back and pay a $750 fine. I mean, it's just -- the amount of the fine is extremely low, the amount of public service is extremely low and that's the extent. One official received jail time. And in the sentencing, Judge Cottingham stated that the reason he received jail time was not because of the severity of the case, but because he had tried to cover his tracks and made it hard for the investigators to track him down. I can repeat -- you know, I've got five case that --
Q. Yes, ma'am, and these are essentially on the same cases that were handed up earlier?
A. Right. But it just -- when I look at them and I see the large amounts of money involved and the small amount of money involved in the fine and a few hundred hours of community service, it just strikes me that these people are not held accountable for their crimes.
Q. And I understand the sense of frustration that you have. What I ask you is the question I asked Ms. Palmer earlier, if we were to find out, particularly with the Archie Lee matter because that's the matter before us that you're most interested in right now, if we were find out this fell into

I heard as you did, testimony by Ms. Dain that the incident with a piece of paper that you had there on the bench on the day you sentenced Judge Lee in Horry County. She mentioned that you seemed to refer to it and use it as some guide in your sentencing. Could you explain to this Committee the circumstances of the piece of paper, if you feel like it was privilege, what was on it, generally what use was being made of it and where was its origin?
A. I can assure you that there was no paper for any kind of --
THE CHAIRMAN: Judge, please pull that microphone.
A. I can assure you that there were no comments written down concerning my sentence. I may have reached over and looked at the indictment. I may have looked at my notes as I was taking the

In this case, the Solicitor requested a pretrial conference with me with the attorneys for the defendant. They met in my office and I was asked would I accept a nolo contendere and I said I would if he recommended it in that courtroom. And he did and I did.
Q. So it was not a sentence that you requested? It was not a --
A. No, sir.
Q. -- determination you requested?
A. Let me say one thing. I cannot permit an innuendo made here to stay upon this record and that is is the suggestion that the Chief Justice of this state is in any way involved with this matter. My schedule is set six months earlier.
Q. Judge, I did want to get to that matter because that is something very serious.
A. Well, I cannot let that innuendo stand.
Q. All right. And this --
A. It's wrong. It's --
Q. And that's obviously the first opportunity, we'll have to discuss it after the testimony.
A. That's the first time I'd even heard of anything like that. I'm not --
Q. Judge, in terms of your sentencing of sexual crimes perpetrated against women, have you ever been criticized by any group generally

The Solicitor referred to them in the hearing as nonviolent. Now, these ladies considered them violent and I understand that. I said to that gentleman at that hearing that if my wife or daughter would have been treated in this way, I would have had an emotional involvement that would

You heard testimony I believe earlier that there was a -- I think I used the words, not the witness, a brotherhood of public officials and judges that somehow protected mutual interests or that there was somehow this public official, whether it be judge or someone that directed you to go down and take care of this.

While there was no specific testimony that can indicate facts that would show that, there was just general allegation. Has anyone filed a complaint against you or any other public official to your knowledge revolving around the Archie Lee matter and in terms of its being tried?
A. No, sir. First let me say, sir, that under our schedule, we are assigned in September, or the fall, scheduled for the next year. My assignment for this particular week was made by Court Administration some five months earlier.

When I get down there, I do not know what case is being called. Now, I want to assure this tribunal here, I cannot let the innuendo remain, it would be absurd to suggest that any the Chief Justice called me about such a case and I can assure this Committee, I didn't even know the connection with Dick Harwell. I think his son married Archie Lee's daughter. I never heard of the family of Archie Lee. Now I've heard about it since then, but I can assure you, gentlemen, that that is simply not true.
Q. And you're not aware of any charges or complaint whether formal or informal that's been brought against you?
A. This is the first time to my knowledge that such an allegation has ever been made.
Q. If something --
A. I want to say as strongly as I can, that that just simply did not occur and I seriously doubt -- if Mr. Wilson said he did -- I don't doubt these ladies words -- I suggest that may be he was misunderstood, but I would seriously doubt that and I would urge this Committee to check with him and see.
Q. Judge, I believe the testimony was actually not that any contact had taken place. I think that the testimony that was given and it was hearsay and I did allow perhaps her to run with some without objecting to it, was

| Printed Page 190, Jan. 13 | Printed Page 210, Jan. 13 |