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I would ask the Committee, Mr. Chairman, if they ask general questions, perhaps we could have the witnesses come up, offer their testimony and have Judge Pyle come back and respond to it.
THE CHAIRMAN: All right. We'll do that then. If that's acceptable with the Committee, that's the way we'll proceed. Judge --
A. You want me to just stand aside or --
THE CHAIRMAN: Yes, sir, if you don't mind because we've been using that side over there for that testimony. All right, Mr. Henry Martin, Sr. Mr. Martin present. Mr. Martin, if you'd raise your right hand for me, sir. Do you swear to the tell the truth, the whole truth and nothing but the truth so help you God?
MR. MARTIN: So help me God.
THE CHAIRMAN: When you go -- let Mr. Couick here, the counsel, ask you the questions. When you go to respond or talk to him, try to speak into this mike because this lady over here is trying to get everything down and the acoustics in here are not the best. Mr. Couick.
MR. MARTIN - EXAMINATION BY MR. COUICK:
Q. Mr. Martin, you and I have spoken by phone for the last week and I believe we also sent a letter to you earlier this week. I offered in that letter if you would like to have the assistance of anyone, you are welcome to bring him with you and I'd like to offer at this time if you'd like to have anyone sit with you and to help you understand any of the matters or any questions I ask you, you're welcome to have them come forward as well.
A. Well, they brought me down here.
Q. Yes, sir.
A. They don't know nothing about this case.
Q. Okay. All right.
A. Nobody, but me and my son.
Q. Yes, sir. Mr. Martin, you have filed an affidavit with the Committee labeled a Motion Of Letter To Request Permission To Appear Before The Screening Committee To Testify. The Committee has received that. They've been supplied with copies of that.

As a part of that letter or complaint, there was a resolution of a fee dispute board application and resolution documents there, by judicial

Ms. Goodman, would you walk down there and show him the document that I'm speaking about? Mr. Chairman, I've not included that in your packets because of the problem with confidentiality --
THE CHAIRMAN: Yes, sir, I understand.
Q. -- and it does not relate to the Judge Pyle situation. I believe you have before you a two-page document?
A. Yeah, I have a two-page document.
Q. That you've signed and your son, Mr. Henry W. Martin, Jr., has also signed. For the Committee's benefit, Mr. Henry W. Martin, Jr. is currently incarcerated I believe at CCI here in Columbia. He has called me several times this week. He has asked on each occasion that he be allowed to come before the Committee and testify.

At this point, I'd like to report to the Committee, it's Counsel's recommendation that he not be called before the Committee to testify for two reasons. One is Mr. Henry Martin, Sr. tells me that he was present during the duration of the entire trial that's in question and that he's also familiar with the testimony that would be offered by his son and he's in the same position to offer that.

In addition without prejudice to the complaint here, his son, part of the complaint against him was threats against various Members of the Judiciary and I don't believe it would be appropriate to bring him here today.
THE CHAIRMAN: Any Committee Members have any comments? All right, proceed, please, sir.
Q. Mr. Henry Martin, Sr., Mr. Martin, if I could perhaps summarize the gravamen of your complaint and you tell me if you disagree or agree with how I summarize it. You complain against Judges Pyle and Judge Smoak. Both of those judges are here today and we will take your testimony about Judge Smoak in a few minutes.

About Judge Pyle, there are two specific complaints you have. One is that he is related to a Mr. Ricky Norris that your son was charged with murdering and later convicted of murdering. You in your letter say that you have information that Judge Pyle is the uncle of Ricky Norris and that the complaint is that Judge Pyle issued an order --
A. You wrong. He's the nephew of Judge Pyle.

Now look now if you're going to run a clean judgeship or whatsoever, if it is, you've got to first clean up your house. If you got to keep -- you just can't keep on sweeping stuff up under the rug. Do you see what I'm saying? Well, it's got to come out somehow.

If you keep on sweeping it up under the rug, you're going to have a filthy house. You see, if you're going to run a just house, you've got to clean it up.
Q. Mr. Martin --
A. Yes. Wait -- yes, sir. Just hold one thing.
Q. Mr. Martin, excuse me. I'm not trying to stop you. I'm trying to help you.
A. Okay.
Q. What is the activity on Judge Pyle's part? What has he done that's filthy that you're talking about? What has he done?
A. What has he done? He caused my boy to be incarcerated and whatever you said in there. See, he got to listen up there. Like I tell you now, he got -- he do what he said do and he stayed in the background. You see what I'm saying? All right now, now see, placing him being a justice judge, that ain't him, you see. And -- and Judge Smoak either. It ain't him either. He about one of the prejudiced man I ever seen in my life.
Q. And, Mr. Martin, let's --
A. Yes. Wait. Wait. Wait. Just hold one minute. And do despise a black man -- you see a black man ain't got no justice in their court. You see what I'm saying? Do you see equal -- black man ain't got no say so. Ain't got no justice in his court.

You don't -- you got to clean your house up before you can run a clean house. Do you hear what I'm saying? All right now, now as far as he standing in the way of justice, he's supposed to be a justice of the people, the right of the people, put it like that. You see, but he ain't that, you see. He's for the unjust. Anything -- he's got a dirty trick about him. He -- he got handed.
Q. Mr. Martin --
A. Yes.
Q. I'm glad -- in truth the Committee is glad to entertain your testimony. One thing we need to know is specifically you talk about unjust treatment or dirty tricks.
A. Yeah.
Q. Can you tell us a specific example of something that Judge Pyle has done in the case of your son that was a dirty trick or where he used his influence with the Solicitor or other personnel involved in the courtroom and your son's trial?
A. You see, Louis Cramm (phonetic), he was a friend of Ricky Norris. He was hoping to -- or smoked cocaine, push cocaine, so I -- I didn't like that, you see. And had all in my community -- you see, all them people around there, he got them in his front pocket.
Q. Mr. Martin --
A. Black and white, what I'm talking about.
Q. Mr. Martin --
A. And what you find -- just hold one minute. You see, what was -- what few white people standing up for justice, they don't have nothing to do with it. I can count them on this finger, this hand is what I'm talking about, all over Greenville County, throughout Greenville County. You see, and this don't make sense.
Q. Mr. Martin have you filed a complaint against Judge Pyle with any Supreme Court or with any organization like the NAACP in Greenville County?
A. No, I won't fool with the NAACP. They're the same way.
Q. Mr. Martin, I would like to have the opportunity as I'm sure the Committee would to listen to Judge Pyle respond to your comments. If

My recollection of the matter is that in the late seventies or early eighties, I presided over a land dispute case involving Mr. Martin and his son and some adjoining landowners. Quite frankly, I do not remember the outcome of that trial, but apparently I ruled against Martins.

Sometime after that I received a written letter from Mr. Martin, Jr., wherein he threatened to kill me if I did not pay him 4 million dollars. I turned that over to the authorities in Greenville County.

I don't know Ricky Norris. I have never met the gentleman. I'm certainly not related to him. I'm not related to any Norris. I'm not related to the Howard.

And I certainly deny being a racist. Quite to the contrary, I have lived my life trying to be just to everyone regardless of race, color or creed and I can expound on that if you wish.
Q. Mr. Chairman, I have no further questions.
THE CHAIRMAN: Any questions? Judge Pyle, just so it's clear. In other words, when I look at the documents and everything, absolutely no relationship either by blood or by marriage --
A. That's correct.
THE CHAIRMAN: -- to Mr. Norris; is that correct?
A. Now, one thing Mr. Martin did point out, I signed an Administrative Order which authorized the seizing of Mr. Martin, Jr.'s clothing so some tests could be run on that. I -- those types of orders come across my desk daily and I routinely sign them. I did not notice in this case that it was Mr. Henry Martin, Jr. Had I noticed that, I certainly would not have signed it, but I did so in my capacity as Administrative Judge.
THE CHAIRMAN: And that was just where probable cause was shown to --
A. Yes, sir.
THE CHAIRMAN: -- indicate the need to look?
A. Yes, sir. And they were seized solely for the purpose of testing the clothing.
THE CHAIRMAN: Any Members have any questions? Mr. Couick.
MR. COUICK: Mr. Chairman, I have no further questions either for the complainant or Judge Pyle.
THE CHAIRMAN: Judge Pyle, that would complete it. Do we have any further need for Judge Pyle.
MR. COUICK: No, sir.
THE CHAIRMAN: Judge Pyle --
MR. COUICK: I'm sorry.
A. There is another --
MR. COUICK: We do have one other complainant. I'm sorry.

Their testimony in some ways went to the qualification of the judge, but in other ways it was more to the merits of the case the judge was considering. This Committee is not an appellate court. We're not here to decide if a judge determines constitutional issues in an appropriate fashion.

What we're here to determine is that -- or the Committee determine is that the judge gives due regard to the arguments made by both sides and he fairly and impartially determines the merits of the case and then rules.

You have made an allegation that Judge Pyle is unconstitutional in the sense that he has ordered -- ruled against certain citizens in their right to peacefully pray on the sidewalk and that this was a direct violation of your constitutional right to do so and he, in fact, imposed a ten-foot restraint on each side of the driveway.

I believe that you also allege and this is more as to something specific that a Ms. Suzanne Coe who is an attorney who used to clerk for Judge Pyle requested this and he did this and you said you believed that he had conflict of interest.

At that time, she began to ask for restrictions through the police department, having the police department called on numerous occasions and at that time, there were not arrests made in multiple numbers.

In November of last year, they began to have a group called Passage for Right started and there were numerous people that were coming there at that time. They were peacefully praying on the sidewalk. At that time, Suzanne Coe asked Judge Pyle to bring an injunction against the Pro Life men and women that were out there praying. I gave you a copy of the injunction that he made.

That injunction stated, as you said, that we had to stay ten foot away from the driveway on both sides. That was a violation of our constitutional rights and I'm not going to get into that. I understand you're saying that, but at that time it hindered us from doing the work that we had to be doing out there. And I am here in in opposition to the fact that this injunction was made and I believe a very definite conflict of interest since Suzanne Coe had clerked with Judge Pyle's law office.

There is nothing here that would seem to indicate that Judge Pyle has abused the discretion that might not otherwise be warranted here.

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