Man on trial for his life in Berkeley

Tuesday, September 22, 2009

By Robert Behre

The Post and Courier

MONCKS CORNER -- As opening arguments began Monday in the death penalty trial of Colin Broughton, defense attorney Bill McGuire said he agreed with much of what the prosecution has asserted in court.

Ninth Circuit Solicitor Scarlett Wilson recapped the crimes with which Broughton is charged stemming from the night of Sept. 18, 2006. They include murder, criminal sexual assault, armed robbery, burglary, grand larceny, assault and battery with attempt to kill and attempted arson.

"We're going to ask you for one thing, and that's a verdict that tells the truth," Wilson told the jurors. "And the truth is Colin Broughton is as guilty as he is charged in each and every count."

McGuire followed Wilson by saying, "I actually agree with much of what the prosecution has told you so far, and in the end, I'm probably going to ask you to send Colin Broughton to prison for the rest of his life."

If the jury convicts Broughton, 25, of murdering his aunt, Shirley Mae Birch, a second phase of the trial will begin, and jurors will decide if Broughton should serve a sentence of life in prison or be put to death.

Any death sentence would be appealed, and recent behind-the-scenes maneuvering in the case has raised the question of whether this death sentence would hold up.

Before the trial began, a judge told one of Broughton's three attorneys, Charleston County public defender Beattie Butler, that he may not speak in court unless a judge questions him.

Circuit Judge Deadre Jefferson originally ordered Butler not to speak during the trial, but she excused herself from the case not long after McGuire again raised the issue of Butler's role. Circuit Judge J.C. Nicholson Jr., who is presiding over the case, has said he doesn't have the authority to reverse Jefferson's ruling; only an appeals court does.

Rauch Wise, a Greenwood lawyer on the board of the National Association of Criminal Defense Lawyers, said the order banning Butler from speaking could be fertile ground for an appeal, particularly because the order didn't come in response to any disruptive behavior by Butler in the case.

"I just think it goes against American tradition to tell a defendant that you can't be heard by competent counsel who is there to defend you in the courtroom," Wise said. "It just simply makes no sense."

The issue of Butler's involvement was not mentioned early Monday.

Read more about the case

Man confesses to killing aunt, cousin, published 09/20/06

Case has twists, turns on way to trial, published 09/10/09

Birch's daughter, who was beaten and sexually assaulted in the mobile home on the same night her mother was killed, testified Monday that she was awakened suddenly when someone fell on top of her, began beating her and then raped her.

She said that when she regained consciousness the next morning, she called a friend and asked him to call police. She said the attack has left her partially blind in one eye and prone to headaches and anxiety attacks.

The daughter said she didn't recognize her attacker as her cousin and that she barely knew Broughton despite his living nearby.

McGuire didn't cross examine her but simply apologized for her having to testify.