11 THE HONORABLE GERALD C. SMOAK, JUDGE A P P E A R A N C E S: 13. DEBBIE HERRING-LASH, Assistant Solicitor

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1 1 STATE OF SOUTH CAROLINA IN THE COURT OF GENERAL SESSIONS 2 COUNTY OF CHARLESTON 97-GS , THE STATE OF 97-GS , 7161 SOUTH CAROLINA 97-GS , V. 97-GS , 7169 EDWARD M. FISCHER, JR., 97-GS , Defendant 97-GS GS , TRANSCRIPT OF RECORD 7 April 23, 1999 Charleston, S.C B E F 0 R E: 11 THE HONORABLE GERALD C. SMOAK, JUDGE 12 A P P E A R A N C E S: 13 DEBBIE HERRING-LASH, Assistant Solicitor 14 Attorney representing the State 15 LIONEL S. LOFTON, ESQUIRE Attorney representing the Defendant 25 MICHELE R. DARLING Circuit Court Reporter

2 1 (The following was reported on April 23, ) 3 THE COURT: All right. Ladies and gentlemen, 4 before we start, number one, there will be no 5 filming of the victims in this matter that we're 6 going to take up this morning, and there will be 7 no sound recordings in the courtroom. And I hope 8 that's clear with everyone here. 9 All right. Solicitor, call your first case. 10 MS. HERRING-LASH: Yes, Your Honor. The 11 State versus Edward Fischer. 12 THE COURT: Mr. Lofton, would you and your 13 client please come forward, please? 14 All right, sir. Thank you, sir. 15 All right. Solicitor, how many indictments 16 are there? 17 MS. HERRING-LASH: Your Honor, he's pleading 18 guilty to 13 indictments. 19 THE COURT: Thirteen indictments. 20 MS. HERRING-LASH: Yes, Your Honor. 21 THE COURT: And as I understand it the - 22 which one of the indictments is going to be an 23 Alford plea; would you tell me that? 24 MS. HERRING-LASH: The first indictment, 25 indictment number 97-GS

3 1 THE COURT: Thank you, ma'am. And are all of 2 these criminal sexual conduct, second degree? 3 MS. HERRING-LASH: No, Your Honor, there are 4 two -- 5 THE COURT: Would you go through them and 6 tell me what they are and what the punishment is, 7 Solicitor, please? 8 MS. HERRING-LASH: Yes, Your Honor. The is lewd act upon a minor. 10 THE COURT: Yes, ma'am. 11 MS. HERRING-LASH: That was ten years. 12 THE COURT: All right. 13 MS. HERRING-LASH: At the time , lewd act, that was ten years at the 15 time. 16 THE COURT: All right. 17 MS. HERRING-LASH: , buggery, that was 18 five years. 19 THE COURT: All right. 20 MS. HERRING-LASH: , lewd act upon a 21 minor, which was ten years at the time , criminal sexual conduct with a minor 23 in the second degree, which is 20 years , criminal sexual conduct with a 25 minor, which is 20 years.

4 , criminal sexual conduct with a 2 minor, which was 20 years , criminal sexual conduct with a 4 minor, which is 20 years , assault and battery of a high and 6 aggravated nature, ten years , criminal sexual conduct with a 8 minor, second degree, 20 years , criminal sexual conduct, third 10 degree, ten years , assault and battery of a high and 12 aggravated nature, ten years , criminal sexual conduct with a minor 14 in the second degree, 20 years. 15 THE COURT: All right. Thank you, ma'am. 16 All right. You are Edward Mein Fischer? 17 THE DEFENDANT: Yes, Your Honor. 18 THE COURT: All right, sir. Would you raise 19 your right hand, please? 20 Do you solemnly swear to tell the truth and 21 nothing but the truth so help you God? 22 THE DEFENDANT: I do, Your Honor. 23 THE COURT: All right, sir. 24 Mr. Lofton, do you represent the defendant? 25 MR. LOFTON: Yes, Your Honor.

5 7 1 THE COURT: Have you explained to the 2 defendant the charges contained in the 3 indictments, the possible punishment and his 4 constitutional rights, including the right to a 5 jury trial? 6 MR. LOFTON: I have, Your Honor. 7 THE COURT: All right, sir. And in your 8 opinion does the defendant understand the charges, 9 the punishment and his rights? 10 MR. LOFTON: Yes, he does, Your Honor. 11 THE COURT: How does he wish to plead guilty 12 or not guilty? 13 MR. LOFTON: Guilty as to all, Your Honor, 14 with exception to the one we mentioned earlier 15 where we have the Alford plea, indictment number 16 one. 17 THE COURT: All right, sir. And do you agree 18 with that decision to plead guilty? 19 MR. LOFTON: Yes, I do, Your Honor. 20 THE COURT: From your investigation of the 21 facts and circumstances of this case do you feel 22 that the State could produce sufficient evidence 23 to convince a jury of the defendant's guilt beyond 24 a reasonable doubt, and that if the defendant were 25 to stand trial, his conviction would be probable?

6 8 1 MR. LOFTON: I do, Your Honor. 2 THE COURT: All right, sir. Has the 3 defendant been ordered to submit to mental 4 examinations to determine his competence to stand 5 trial? 6 MR. LOFTON: No, he has not, Your Honor. 7 THE COURT: Has that been an issue at all, 8 Mr. Lofton? 9 MR. LOFTON: There has been none. 10 THE COURT: All right, sir. 11 MR. LOFTON: And there is none, Your Honor. 12 THE COURT: All right, sir. Thank you, sir. 13 All right. Mr. Fischer, that is your correct 14 name, Edward M-E-I-N, Mein Fischer? 15 THE DEFENDANT: Mein. 16 THE COURT: All right. Mein. I'm sorry. 17 Edward Mein Fischer. 18 THE DEFENDANT: Yes, Your Honor. 19 THE COURT: All right. Thank you, sir. Now, 20 Mr. Fischer, before I can accept a plea of guilty, 21 it is necessary for me to make sure that your plea 22 of guilty is admitted free and voluntary. 23 Therefore I need to ask you some questions. 24 If you do not understand the questions or the 25 words I use, you should tell me so that I can

7 9 1 explain them to you. 2 You may consult with your lawyer about any 3 matter during questioning, and if you feel that 4 this is necessary, you may ask for an opportunity 5 to talk to your lawyer; do you understand, sir? 6 THE DEFENDANT: Yes, Your Honor. 7 THE COURT: All right. How old are you, 8 sir? 9 THE DEFENDANT: Seventy-one, Your Honor. 10 THE COURT: All right. And what education do 11 you have? 12 THE DEFENDANT: I have a college degree and a 13 masters degree. 14 THE COURT: All right, sir. And what kind of 15 work do you do? 16 THE DEFENDANT: I'm a retired school 17 teacher. 18 THE COURT: All right, sir. Have you ever 19 been treated for the abuse of alcohol or drugs or 20 for mental illness? 21 THE DEFENDANT: Yes, Your Honor. 22 THE COURT: All right, sir. Did you 23 successfully complete such a program? 24 THE DEFENDANT: It's an on-running program, 25 Your Honor.

8 10 1 THE COURT: All right, sir. And what is 2 that, sir? 3 THE DEFENDANT: Alcoholics Anonymous and 4 psychiatric treatment with it. 5 THE COURT: All right, sir. Have you taken 6 any medication, drugs or alcohol in the last 24 7 hours? 8 THE DEFENDANT: Prescribed drugs, yes, sir, 9 Your Honor. 10 THE COURT: All right. Does this effect your 11 ability to know and understand what you're doing 12 here today? 13 THE DEFENDANT: No, Your Honor. 14 THE COURT: All right, sir. Are you today 15 under the influence of any medications, drugs or 16 alcohol? 17 THE DEFENDANT: No, Your Honor. 18 THE COURT: All right, sir. Are you today 19 aware of any physical, emotional or nervous 20 problem that might keep you from understanding 21 what you're doing today? 22 THE DEFENDANT: No, Your Honor. 23 THE COURT: All right, sir. You have heard 24 your attorney tell me that he has explained the 25 charges against you and the possible punishment

9 1 and your constitutional rights and that you 2 understand these things; is that correct, sir? 3 THE DEFENDANT: Yes, Your Honor. 4 THE COURT: All right, sir. Now, you are 5 pleading guilty to 13 counts, and the first 6 indictment, as I understand it, you're going to 7 enter an Alford plea; do you understand that, 8 sir? 9 THE DEFENDANT: Yes, Your Honor. 10 THE COURT: An Alford plea simply means that 11 you do not admit anything, but that you feel that 12 if you were tried, that the proof is such that you 13 would probably be convicted so you're going to 14 enter this plea; do you understand that? 15 THE DEFENDANT: Yes, Your Honor. 16 THE COURT: All right, sir. Thank you, sir. 17 All right. Then you're going to enter pleas 18 straight up on -- that was on lewd act, the first 19 indictment, 97-GS Now, the second one is 97-GS , which 21 is also lewd act, which carries ten years; do you 22 understand that, sir? 23 THE DEFENDANT: Yes, Your Honor. 24 THE COURT: All right, sir. Then we've got 25 buggery, which is 97-GS , which carries

10 12 1 five years; do you understand that? 2 THE DEFENDANT: Yes, Your Honor. 3 THE COURT: And then we have lewd act upon a 4 minor again which carries ten years; do you 5 understand that? 6 THE DEFENDANT: Yes, sir. 7 THE COURT:We have criminal sexual conduct 8 with a minor, second degree, which carries a 9 20-year sentence; do you understand that, sir? 10 THE DEFENDANT: Yes, Your Honor. 11 THE COURT: And we have criminal sexual 12 conduct with a minor,another second degree, which 13 also carries 20 years, 97-GS ; do you 14 understand that? 15 THE DEFENDANT: Yes, sir, Your Honor. 16 THE COURT: All right,sir. Then we have a 17 criminal sexual conduct with a minor, second 18 degree, 97-GS , which carries 20 years; do 19 you understand that, sir? 20 THE DEFENDANT: Yes, Your Honor. 21 THE COURT: We also have 97-GS , 22 criminal sexual conduct with a minor, second 23 degree, which carries 20 years; do you understand 24 that, sir? 25 THE DEFENDANT: Yes,sir, Your Honor.

11 13 1 THE COURT: And 97-GS , assault and 2 battery of a high and aggravated nature, which 3 carries ten years; do you understand that, sir? 4 THE DEFENDANT: Yes, Your Honor. 5 THE COURT: And 97-GS , that's 6 criminal sexual conduct, second degree, which 7 carries 20 years; do you understand that, sir? 8 THE DEFENDANT: Yes, Your Honor. 9 THE COURT: All right. And 97-GS , 10 criminal sexual conduct, third degree. 11 What's the sentence for that, Solicitor? 12 MS. HERRING-LASH: Ten years, Your Honor. 13 THE COURT: Ten years. All right. Thank 14 you. 15 All right. We've got assault and battery of 16 a high and aggravated nature, which carries ten 17 years; do you understand that, sir? 18 THE DEFENDANT: Yes, Your Honor. 19 THE COURT: And criminal sexual conduct in 20 the second degree, which carries 20 years; do you 21 understand that, sir? 22 THE DEFENDANT: Yes, Your Honor. 23 THE COURT: All right, sir. And you're 24 entering a plea. All right. You are pleading 25 guilty under Alford as to 97-GS ; do you

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