Toal Slams McMaster For Handling Of Sex Case

By fitsnews • on January 10, 2009
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S.C. Chief Justice Jean Toal didn’t come right out and call Attorney General Henry McMaster an incompetent media whore, but that pretty much sums up her thoughts on his botched handling of a high-profile sex case in 2007 – a defeat that could potentially derail his gubernatorial ambitions.

In an explosive video obtained exclusively by FITS, Toal blasts McMaster for his conduct during the trial of Kenneth Glenn Hinson, a convicted sex offender who was acquitted on charges that he kidnapped and raped two teenage girls in a home-made, underground bunker in 2006.

After making the rounds on the national TV talk shows bashing the S.C. Judicial system for its handing of Hinson prior to the trial (grandstanding which Toal says “infuriated” her), McMaster then took over the case personally, only to be dealt a defeat so stunning that many feel it could keep him from being elected governor in 2010.

In fact, at one point during this never-before-seen 2007 footage Toal remarks that the Hinson case won’t be “the first thing in (McMaster’s) next political brochure.”

Hinson was ultimately put away for 25 years by then-U.S. Attorney Reggie Lloyd on a federal weapons charge, but in her speech on S.C. Juries to the Supreme Court Institute, Toal makes no bones about her assessment of McMaster’s botched performance during the trial.

“The prosecutor, I think assumed that all you had to do was say the word ’sex crime’ and ‘underground prison’ and that was going to be it,” Toal says.

You can take a look at the video yourself by clicking here or watching below … although we warn you that the sound and video quality is poor …

As accurate as Toal’s analysis of McMaster’s grandstanding may be, some are already questioning the appropriateness of her remarks.

Although she never expressed these thoughts to the media, Toal may have violated her own attorney discipline rules by publicly recounting the dressing down she gave McMaster prior to the start of the case.

“Boy, I’m gonna tell ya, my staff said the walls were shaking by the time that little conference was completed,” Toal says of her conversation with McMaster.

Stay tuned …

WEB EXTRA:

Transcript of Toal’s Remarks

Match.com

Comments

By A. Citizen on January 10th, 2009 at 10:53 am

IMHO, her remarks are absolutely appropriate; her indignation, righteous!

###

The whole thing could be likened to a colorful, rotten meal:

botched handling of the trial = appetizer
media fest = dinner
run for governor = dessert

If I were DHEC, I would shut him down.

By Silence the Noise on January 10th, 2009 at 10:58 am

McFailure is a media whore…..he cant even prosecute a slam dunk sex offender case…..how the hell is he going to govern?

By Todd on January 10th, 2009 at 12:11 pm

How did McMaster just get a whipping behind closed doors for his “incompetence” when other attorneys have to go through that bogus “attorney discipline system” Toal commands? Did McMaster actually get a special favor from Toal when she called him in for “a private meeting?” How many other politicians get private meetings and not have to go through the system? Brad Hutto?

By scgop on January 10th, 2009 at 12:21 pm

Jean Toal does not pick Governors for me as I’m sure she hates Danford as well. If this site is goibg to use the views of her to slam Republicans then Willie should just go ahead and join her team. I’m she in my lifetime Jean Toal and I have never voted alike. So, if she is already criticizing Henry then the Dems are annointing him as frontrunner and trying to take him down. As a Republican if your being cussed out by her you must be doing your party proud.

By BIN News Editorial Staff on January 10th, 2009 at 12:56 pm

One of the most interesting challenges in reading sic(k) willie’s little porn site is sifting through to determine which posts are from his heart and which are paid politically motivated slop. Or personally motivated slop.

For example, when he uses a Midlands High School teacher and her students as pawns to pimp his clients, that’s politically motivated slop. We have no doubt she’s a good teacher and they are good students. But it’s a willie scam.

Another example, when he attacks public education or when he mentions randy Randie or scrg or the Voice for Voucher Scams you can rest assured that he is writing because they slipped him more of Howie’s carpetbugger money.

Some examples are personal. You know his attacks are personal when he claims a Midlands’ elected official has a Strom problem or when he claims the gub’ner paid off the family of some “poor little black girl.” Just more willie scams.

The BIN News Editorial Staff joins the growing group that demands that sic(k) willie make public his list of paying clients. Some have already been exposed, but there are probably a few more hiding in the shadows.

The entire list can probably be printed with a bold tipped Sharpie marker on the back of a postage stamp. Double spaced.

BIN News Editorial Staff
Flair and Balanced

By frank on January 10th, 2009 at 1:34 pm

“Although she never expressed these thoughts to the media, Toal may have violated her own attorney discipline rules by publicly recounting the dressing down she gave McMaster prior to the start of the case”.

Did I hear correctly jean toal say video “her cousin, Rick Hoefer, defended Kenneth Hinson by appointment and that she followed this case with added interest”?

Did I also hear correctly jean say “that she got copies of the transcripts that from where the Attorney General went on programs like Nancy Grace and then met with McMaster about the things that he said and then what I interpered as a threat to McMaster to publicly show how his imcompetence? This would be ok with me because I don’t care to much for McMaster, but a THREAT is a THREAT and a VIOLATION is a VIOLATION Jean.

Rule 501 CANON 2 in the Code of Judical Conduct.

A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE’S ACTIVITIES

A. A judge shall respect and comply with the law* and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Commentary:

Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must therefore accept restrictions on the judge’s conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.

The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules or other specific provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.

However, since the Diciplinary Council is under your supervision and the fact that this same panel that you control found that you did not violate any Code of Judicial Conduct in your hit & run incidents, I would have to say that they wont find you in violation of your actions in this case either.

By frank on January 10th, 2009 at 1:41 pm

Let’s not forget about this one either Jean.

Rule 501 CANON 4 in the Code of Judicial Conduct

A JUDGE SHALL SO CONDUCT THE JUDGE’S EXTRA-JUDICIAL ACTIVITIES AS TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL OBLIGATIONS

A. Extra-Judicial Activities in General. A judge shall conduct all of the judge’s extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge’s capacity to act impartially as a judge;

(2) demean the judicial office; or

(3) interfere with the proper performance of judicial duties.

Commentary:

Complete separation of a judge from extra-judicial activities is neither possible nor wise; a judge should not become isolated from the community in which the judge lives.

Expressions of bias or prejudice by a judge, even outside the judge’s judicial activities, may cast reasonable doubt on the judge’s capacity to act impartially as a judge.

By frank on January 10th, 2009 at 1:51 pm

Or even this one Jean.

Rule 501 CANON 3 in the Code of Judicial Conduct

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY

Commentary:

A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute.

This is just a few classic examples of the rules and the laws not appling to people like Jean Toal.

By frank on January 10th, 2009 at 2:01 pm

And this one Jean.

Rule 501 CANON 3 in the Code of Judicial Conduct.

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY

Commentary:

A judge must not independently investigate facts in a case and must consider only the evidence presented.

By getting copies of transcripts from talk shows Jean, is this not independently investigating facts in a case that may end up for review in the Supreme Court?

In addition to Rule 501 CANNON 3 of The Code of Judicial Conduct,

Commentary:

The requirement that judges abstain from public comment regarding a pending or impending proceeding continues during any appellate process and until final disposition.

By Bull on January 10th, 2009 at 3:23 pm

If you combined McMaster and Bauer together, you would have a 2nd rate used car salesman.

By fitsnews on January 10th, 2009 at 3:23 pm

“The entire list can probably be printed with a bold tipped Sharpie marker on the back of a postage stamp. Double spaced.”

Then what’s your point?

-Sic

By DottedLineGirl on January 10th, 2009 at 3:40 pm

I think BIN’s point is that he desperately needs a client. Or a john. Or SOMETHING to distract him from the ‘Strom and the poor little black girl’ novella.

By BIN News Editorial Staff on January 10th, 2009 at 4:08 pm

sic(k) willie has a few clients, but they are ashamed to admit they will resort to a sic(k) little porn site to get their message out. sic(k) willie is a scam monger who will throw him momma under a bus for money or publicity.

By DottedLineGirl on January 10th, 2009 at 4:29 pm

I bet his momma would cut his a55 in a minute.

By DottedLineGirl on January 10th, 2009 at 4:31 pm

[That's a strictly-SC term for a spanking.]

Your welcome.

By rick not Quinn on January 10th, 2009 at 4:56 pm

SCGOP has it right> Jean Toal does not decide who good Governor or candidates are on the GOP side. Pick any other Republican and she will talk bad about them. So then, what is the point of this story. If Mcmaster is getting trashed by Toal then they must already fear him and his candidacy.

Finally, why do we care what Toal thinks? She has made terrible decisions as a judge that often set criminals free on bs stuff. I bet Henry could tell a lot worse stories about her and hope he will.

By A. Citizen on January 10th, 2009 at 5:10 pm

Ask Cindi Scoppe her take on it — and how Brad Warthen & the good ol’ boy goons like to TRY and squelch the authority of Jean Toal. McMaster is a good ol’ boy goon. He simply is. That’s his candidacy in a nut shell.

No respect for women — no sense of purpose in administering justice.

By James the Foot Soldier on January 10th, 2009 at 5:25 pm

The point of the story is the INCOMPETENT performance by McMaster after whoring himself to the national media and then LOSING the case.

That henri lost the case doesn’t surprise me in the least given the utter INCOMPETENCE of most lawyers in South Carolina. What does surprise me is that henri thinks so much of himself that he would run for governor and join the rest of the mouth-breathing lawyers in the South Carolina legislature in keeping South Carolina stuck in the 1950s.

Were I running a campaign against henri, I would run ad after ad of video showing a judge granting the sleazeball an acquital while henri tucks his legal pad under his arm and runs for cover.

By The Sick Hick on January 10th, 2009 at 6:04 pm

Ok, so can someone tell me what Toal was driving at?

By A. Citizen on January 10th, 2009 at 6:11 pm

Don’t forget his office’s repeated freak show in Lexington with Day, former Police Chief, not getting convicted. ‘This is the way we handle our women in SC’ was what I walked away with. This is, of course, leaving wifey’s blather out of the whole deal. She was weak — and that won’t cut it in SC’s legal climate.

By frank on January 10th, 2009 at 6:29 pm

The fact is both Jean Toal and Henry McMaster are incompetent!!!

Jean with her hit & runs CONVICTIONS and her blantant VIOLATIONS of the very Code of Judicial Conduct Rules that she is so quick to hold others in violation of but holds herself with impunity to those Rules.

McMaster with his apperance for justice for all but is a member of a club that does not allow african-americans to be members of.

It is just damn embarrassing to South Carolina to have these individuals represent our judical system.

By fitsnews on January 10th, 2009 at 6:44 pm

“Sick Hick,”

Hell yeah! We understand that the “Jean Toal Driving Experience” is quite the attraction at the SC State Fair each year.

These two deserve each other …

-FITS

By rick not Quinn on January 10th, 2009 at 8:53 pm

Glad to know this site is now a shill for Jean Toal. Cant wait to read the next post about how she hates Sanford and other Republicans. Guess for Non Democrat slanted news we’ll go elsewhere.

By The Sick Hick on January 10th, 2009 at 9:29 pm

FITS – if your claims about the fair was true, then would you mind explaining how she ended up hitting the car at the airport? I’m guessing she must’ve been more loaded than usual?

By Mab on January 10th, 2009 at 10:26 pm

Hey — is there a geek squad member around? I hit the wrong button on another blog, because they had these annoying little square pink and green frowning goofy cartoon head gravatars…anyway — out of nowhere the option to disable them came up and I pounced — and I guess I didn’t mean to — and now I can’t see the gravatars anywhere. Even here.

WTF?

By Philip Branton on January 10th, 2009 at 10:35 pm

Hmm……

Toal slams McMaster for botching a trial ….WELL ….what about the job he is doing holding ALL legislators accountable for their Ethics.????? What about McMaster’s silence on the subject of Santee’s Coal fired Raping of the Pee Dee…? WHat about McMaster’s silence on the lack of enforcement or vision at DHEC..?????? What about the backslappin’ between CSX and Norfolk-Southern collusion..???? What about MaMaster’s silence toward ENERGY slavery in this STATE..?? Don’t we all Kiss Hugo Chavez and Ahab the Arab instead of South Carolina Algae Bio-diesel FARMERS…?????? (Fist POUNDS !!!) I wonder if he EVEN IS AWARE of the fact that the first commercial Airline flight using Algae Bio-Diesel occurred ….THIS WEEK !!!!! He sure did scream when Henry BROWN porked 400K to sweet potato farmers..!!!!!! THANKS SO MUCH …Mr McMaster….. for looking out for South Carolina’s FUTURE…!!!!!!!! We here want to know HOW MUCH money you are receiving from ….OUT OF STATE !!!!!!

Directly…..and INDIRECTLY..!!!!!???????

YOU WANT TO BE Governor and display a total LACK of understanding of WHAT drives OUR state’s ….ECONOMY !!!!!

It’s NOT ….tourism !!!!

By frank on January 10th, 2009 at 11:19 pm

EVERYBODY SING WITH ME!!!!

Jean Toal is a joke

She got drunk

struck a truck

and then tried to bolt

made it home not safe

got a ticket another hit & run later

Jean Toal is still a joke

By Chris on January 11th, 2009 at 12:00 am

McMaster and Bauer are the worst we have to offer. Not the best. They are throwbacks to the Atwater days of wedge issues and poll reading. We need men of character, not pansy ass guys like them.

WOuld the real men of the GOP step up? (or women)

By G.L. on January 11th, 2009 at 2:39 am

Sic Willie is an equal opportunity hater. As much as some of you people try to cast this site as biased to certain candidates like other SC blogs are, you can’t. FITS has stood the test of time and has proven itself over and over to be commited to ideological principles and not politicians.

By fitsnews on January 11th, 2009 at 3:56 am

G.L.- Thanks, yo. And Mab, maybe it’s your crazy glasses cuz we can still see you just fine here.

By Todd on January 11th, 2009 at 11:31 am

Anybody notice a pattern with Jean Toal’s law clerks? Elizabeth Coble, Bob’s daugther; Katie Bockman, daughter of Bob Bockman, McNair Law Firm; Stephanie Nye, Nelson Mullins trained and indoctrinated. Polticians get “private meetings” in attorney discipline matters. The South Carolina Supreme Court is doing its job to sustain the “myth” that the 1920’s good ole boy system is alive and doing well in South Carolina – and especially right there at the corner of Gervais and Sumter streets.

By liz on January 11th, 2009 at 11:58 am

Vote Phillip as above! ( serious folks)
What about McMaster ignoring my complaints too? All of my medical information got ” lost” at the local Social Security office. Since I have this ” politically incorrect disease” which happens to be Late Stage Lyme Disease, ( that SCDHEC says ” we don’t have in SC- but my DNA test obviously disproves that), and both of my docs got investigated, two different states…..
What about that?
And what about my old Social Security account, that I SURRENDERED and went back to work like a ” good disabled American” when I was able- FOR ELEVEN YEARS- what about it paying someone other than me AND STILL PAYING AN SSI ACCOUNT TO A BLACK HOLE IN MY NAME?
What about that?
And what about having absolute proof via an ” internal use only “document of ANOTHER TERMINATED SOCIAL SECURITY ACCOUNT IN PAY out of the SAME OFFICE???
And What about the state of SC picking up SUBSIDIES for these FRAUDULENT ACCOUNTS?

WHAT ABOUT THIS TOO??????
I get told… ” lady , that sounds like a conspiracy and those only happen in Hollywood”……

Do underground bunkers being used for sex crimes only happen in movies too?????

WAKE UP SOUTH CAROLINA WE GOT US SOME MAJOR PROBLEMS RIGHT HERE AT HOME>***

By Franky on January 11th, 2009 at 12:06 pm

That Jean Toal is top dog shows that we are a third world state. She is abusive, petty, and mean…with the attitiude of the drunk at the end of the bar, not a sober, thoughful jurist.

By frank on January 11th, 2009 at 1:57 pm

GOVERNOR SANFORD WE NEED YOUR HELP!!!!!

Governor Sanford would you please do something about Jean Toal’s polictical selective enforcement of the Code of Judicial Conduct that she uses as a tool for political favors for some legislators and where she arrogantly displays that those rules that ALL judges, even her, must adhere to do not apply to her.

these rules that apply to even Jean Toal can be found on the South Carolina Judicial Department website under court rules. Pay attention to Rules 501 & 502, because it is obvious that Jean has chosen not to by VIOLATING these rules that are there for ALL judges to follow.

By Old Bike Dude on January 11th, 2009 at 2:34 pm

Blah blah blah yadda yadda yadda…I know you want to make us a well informed public but isn’t it time for a story that features large breast. I mean, c’mon.

By Mab on January 11th, 2009 at 2:43 pm

Sic Willie, it IS NOT my glasses, which I wear to get ‘the bigger picture’ — you know, the one all the rest of you people seem to miss.

It was a CyberTrap…and I fell for it…Bad Mab!!!!!!!!!!!!!!!

They zapped my Mozilla and now I have to wait until Monday, the day the digit head geeks decided I will have to wait until.

By frank on January 11th, 2009 at 4:03 pm

If the Chief Justice of our Supreme Court will not be held accountable to violations such as the Code of Judical Conduct, why should any judge or attorney be held accountable for violating them. Our justice system should be fair and equal to everyone, not just certain ones.

This is the every reason why people do not trust the judicial system. Jean Toal you have embarrassed the judical system enough! It is time for you to do one thing that is right for the judiciary and hang up your robe of ego and leave!

By Todd on January 11th, 2009 at 7:16 pm

Frank: There is nothing the governor or the legislature can do about Queen Jean. The legislature has no power to impeach a sitting judge. The only discipline from the legislature or governor would be a public censure which legally means nothing. The ONLY people who can discipline Toal are the other four justices. You can find Pleiconas sitting in Her lap if you want to talk with him. Beatty and Kittredge stay in Spartanburg and Greenville, respectively, working as good little naive newbies – doing the little assignments Toal or her clerks send them. They are both clueless. Waller is retiring in a few weeks and only wants to just get the hell out without another scandal.

By scguy123 on January 11th, 2009 at 8:56 pm

after reading all of this i still believe McCrook (McMaster) is an incompetent elected official who needs to sent to SC political graveyard: FLCC

By frank on January 11th, 2009 at 9:56 pm

Todd I have to disagree with you on the Governor or the Legislators doing something about Jean Toal.

South Carolina Constitution,

ARTICLE XV.

IMPEACHMENT

SECTION 3. Removal of officers by Governor on address of General Assembly.

For any willful neglect of duty, or other reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall remove any executive or JUDICIAL OFFICER on the address of two thirds of each house of the General Assembly: Provided, that the cause or causes for which said removal may be required shall be stated at length in such address, and entered on the Journals of each house: And, provided, further, that the officer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense, or by his counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the Journal of each house respectively.

According to Black Law’s dictionary a judicial officer is defined as a judge.

By suggestive on January 12th, 2009 at 12:16 am

Yea i really don’t know too much about this whole story but from reading many of the others on this site, I have noticed that bin needs to get some new “jokes”. bin your little “Porn site” statement is getting really OLD (probably like you) and maybe you should surf the net for some new lines because yours are played out. P.S. I purposely didn’t put bins name in caps on purpose and I hope he is careful not to run into any real porn while looking for something new to say because I just think he/she/it might have a heart attack when finding out what the real meaning is.

By Earl Capps on January 12th, 2009 at 1:33 pm

Old Bike Dude has a good idea there. Hooters time!

By Bird on January 12th, 2009 at 7:57 pm

Earl, if you and Sic Willie were birds, I bet you would look sorta like this:

http://www.freakingnews.com/Hooters-Pictures-35830.asp

………….

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