COLUMBIA - South Carolina lawmakers are revising sentencing guidelines for alternative courts, two years after a man released by an alternative court for mental patients killed a Charleston woman - the case that prompted the new rules.
Mary Lynn Witherspoon, 53, was killed Nov. 14, 2003, by Edmonds Tennent Brown IV, who was obsessed with her and had been released from a mental-health court four days earlier.
Mr. Brown had been diagnosed with bipolar disorder. But Ms. Witherspoon's sister, Jackie Olsen, said that based on guidelines at the time, he should not have been eligible for consideration by a mental-health court.
"Alternative courts are basically set up for nonviolent offenders as a way to treat them outside the traditional criminal justice system, other ways than incarceration, for rehabilitation purposes," said Rep. Murrell Smith, R-Sumter, who is leading the Mental Health Court Study Committee.
South Carolina has mental-health courts in Charleston, Richland, Marlboro and Anderson counties, with one being planned in Greenville County. But there are other types of alternative courts, including drug courts, which operate in counties throughout the state.
Ms. Olsen said guidelines for administering the courts were in place when her sister was killed but were implemented inconsistently.
Had the system worked two years ago, Ms. Olsen said, her sister could be alive today.
Even if Mr. Brown's case had been assigned to a mental-health court, Ms. Witherspoon should have been notified of his release, Ms. Olsen said.
Instead, a letter updating Ms. Witherspoon about his whereabouts arrived Nov. 15 - the day after she was killed.
Ms. Olsen hopes that by redefining guidelines the victims will be protected.
Last May, she successfully fought for the passage of "Mary Lynn's Law" which prevents someone on probation from being eligible for release into the custody of a mental-health court.
The law also led to the creation of the study committee, which has expanded its mission to include writing guidelines for all of the state's alternative courts.
Mr. Smith said the committee will meet one more time this year, and he will introduce a bill when the Legislature reconvenes Jan. 10.
Changing the law has been "therapeutic," Ms. Olsen said.
