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Judge in coroner drug trial to rule on legality of 2006 search warrant
By Kimberly Dick · kdick@heraldonline.com
Updated 05/21/08 - 12:42 AM |
YORK -- A judge will decide today whether to allow key evidence against suspended York County Coroner Doug McKown, who is being tried this week on drug charges.

Circuit Court Judge Paul Burch will rule if a 2006 search warrant that led drug agents to uncover cocaine, marijuana and drug paraphernalia in McKown's Clover home is legal.

McKown's attorney, Jack Swerling, argued Tuesday that authorities had no probable cause to search McKown's residence, saying informants cited in the warrant lacked credibility. Also, some of the information provided by the informants is irrelevant to McKown's case, Swerling said.

Information cited in the warrant wasn't clearly connected to McKown's house, Swerling contended, so narcotics agents shouldn't have searched the home.

McKown, 39, was suspended from his coroner's post by Gov. Mark Sanford in July 2006 after being indicted on charges of distribution of a controlled substance, unlawful possession of a controlled substance and unlawful possession of a prescription drug.

Tuesday marked the second day of motions and jury selection in McKown's trial at the Moss Justice Center. A 12-member jury and three alternates were selected.

Swerling also challenged the warrant because it claimed McKown's girlfriend was living in his house when the warrant was issued in May 2006.

Marvin Brown, commander of the York County Multijurisdictional Drug Enforcement Unit, testified Tuesday he believed Erin Jenkins was living with McKown.

But McKown disputed that in a brief appearance on the stand. Jenkins, who is now McKown's ex-girlfriend, wasn't living at his home when the search warrant was issued, McKown said.

In a May 3, 2006, taped conversation with an informant, Jenkins says she moved out of McKown's residence.

"The state can't have a good-faith exception when they misrepresent the facts to the magistrate," Swerling said of the circumstances leading up to the issuance of the search warrant. "They misrepresented that Erin Jenkins was living there."

The search warrant was obtained after a May 4, 2006, drug sting where police say they videotaped Jenkins selling an eighth of an ounce of cocaine to an informant at a York convenience store. Investigators say McKown drove Jenkins to the store on a motorcycle.

Police informants also claim McKown gave Jenkins money to buy cocaine and Ecstasy, used the drugs himself and stored cocaine at his Clover home, according to the search warrant.

If convicted on all three charges, McKown could face more than 17 years in prison and $26,500 in fines. An acquital, however, could land McKown back in office investigating suspicious deaths until the end of the year, when his term ends.

Opening arguments should follow the conclusion of the hearing to suppress the search warrant.


Kimberly Dick • 329-4082

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