COLUMBIA, S.C. - A state agency that granted James Brown a pardon is under criticism now that the soul singer faces new charges less than a year later.
Brown, who grew up in Augusta, Ga., was arrested in January in Aiken County and is awaiting trial on a criminal domestic violence charge.
Police reports say Brown pushed his wife to the floor during an argument in a bedroom at the couple's home and threatened to kill her while holding a chair over her.
South Carolina's Probation, Parole and Pardon Services board unanimously granted Brown a pardon in May for seven convictions over a 10-year period, most involving weapons. The pardon came over opposition from the Aiken prosecutor's office, four police officers and the board's own investigator, records show.
"This is unbelievable," said Laura Hudson, a spokeswoman the South Carolina Victims' Assistance Network. "They were obviously overwhelmed by this man's persona and lost sight of public safety. What that says is, if you're a celebrity in South Carolina you can just do what you want."
Critics say the pardon law is flawed and want to enact changes that would vacate pardons for those who get in trouble with the law. Others say it should be left alone.
"It baffles my mind that anytime something hits the media, the legislative winds want to change the system," said Jim Huff, who represents Brown. "The system is not flawed."
Huff said Brown paid his debt to society for past crimes. "When do we stop punishing folks for having made a mistake?" he said.
Hudson and others, including Attorney General Henry McMaster, want the law changed. House Minority Leader James Smith, D-Columbia, plans to file a bill that would allow courts to consider pardoned convictions.
South Carolina's current law does not allow that, the state Supreme Court has ruled in at least one case. In a May 2000 decision, justices unanimously ruled that the 1981 statute pardoned a convict of "'all legal consequences,' not just criminal consequences."
Smith's bill would also require the state pardon agency to spell out notification and feedback procedures in pardon cases. The agency said its practice has been to seek opinions from prosecutors, police and crime victims, though it's not spelled out in the law.
Brown was granted a pardon on May 20 after a 15-meeting minute for charges that included two counts of aggravated assault against police officers, use of a weapon while under the influence, resisting arrest, failing to stop for police, carrying a pistol and possession of a controlled substance.
Before issuing the pardon, the board did not discuss Brown's criminal history, did not question him and did not give a reason for its decision. The board had refused to grant Brown a pardon in 2001 after he skipped the hearing.
Brown attended the 2003 hearing in Columbia with plenty of supporters, including state Sens. Yancey McGill, William O'Dell and Luke Rankin and state Reps. Kenneth Kennedy, Roland Smith and John "Bubber" Snow.
Brown's application said he should be pardoned because of the "model citizenry I have displayed over the years."
But Terence Halupa, the officer who investigated Brown's case, said then that even though Brown had showed remorse, he had also shown "a pattern of committing serious crimes and putting innocent people at risk during his crimes."
"Even after successfully fulfilling his sentences from his 1988 convictions, he again committed a serious crime in 1998," Halupa's report states.
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Information from: The State, http://www.thestate.com
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