Almost six years after Walter Scott was shot dead by a North Charleston police officer, the legal battle over the case and what consequences the former police officer, Michael Slager, was expected to face has not ended.
Earlier this month, district judge Richard Gergel held a hearing on whether Slager’s lawyers provided adequate legal representation.
Gergel decided on the grounds of an ineffective lawyer, Slager relinquished the attorney-client privilege and opened the door for his lawyers to be questioned about his defense. He decided that they don’t need to answer questions, but they can.
The hearing is scheduled for April 21.
Slager was sentenced to 20 years in federal prison in December 2017, more than two years after fatally shooting Scott after a traffic stop, foot chase and fight for a Taser on April 4, 2015
The shooting became international news after a cell phone video recorded by a spectator appeared in the days following the shooting, which contradicts Slager’s initial account.
Anthony Scott, Walter’s older brother, said he knows that Slager has the right to appeal the sentence and has no problem with the former police officer exercising that right. But he does not believe that Slager has a chance to reduce his sentence.
“I thought he had some of the best lawyers in the country to represent him,” said Scott. “They got a jury tied the first time, which was incredible. Now that you’ve accepted the plea, you feel like you want to withdraw it.”
Slager appeared to have no problems with his legal representation at the state trial, which ended with the trial being overturned, and largely in the federal case, he said.
Scott said he was aware of the pending appeal and still feels that some measure of justice has been achieved with the death of his brother.
But the family continues to struggle with trauma and suffering after the loss of their brother.
Judy Scott – the family matriarch who emerged as a force of compassion and forgiveness after her son’s death – and her husband, also called Walter, died in 2020, said Anthony Scott, adding that he is certain of the stress of his son’s death and the trials affected his health.
“It was really a murder,” he said. “There is no way he should be released.”
Slager hired prominent Charleston attorney Andy Savage to represent him as the case progressed through state and federal courts.
The former officer’s appeal revolves around an allegation that Savage erred in advising Slager to plead guilty to a charge of violating Scott’s civil rights in exchange for the remaining federal and state charges being dropped.
Savage told the Post and Courier in March 2020 that he blamed himself for his client’s long prison sentence.
“He was an incompetent lawyer,” he told the newspaper last year. “I will never get over the mistake I made in recommending that Michael plead guilty in federal court. If I had had an indication that (sentence) was possible, I would never have recommended that he plead guilty. Never, until the day I die, get over it. “
The lawyer reiterated these comments and expanded them into a sworn statement filed with a federal court on August 18, 2020.
Savage pointed to a conference in January 2017 with district judge David Norton, a longtime friend who was handling the federal case.
“During our discussion, the Court informed those present that it was their opinion that it was clearly not a homicide case,” the statement said. “I took your words for granted.”
Savage ended his statement by saying that he now realized that his blind confidence in Norton led him to give Slager bad advice.
To reach Gregory Yee at 843-323-9175. Follow him on Twitter @GregoryYYee.