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1st Circuit Solicitor David Pascoe Calls For Judge Mullen to Step Down in Quinn Case

Solicitor David Pascoe asks for the recusal of Circuit Court Judge Carmen Mullen, from the Rick Quinn Jr. case after he says she was no longer being fair or impartial. Judge Mullen was meeting with Quinn's attorneys and Pascoe to hear arguments to reconsider Quinn's February 12th sentencing.

Beaufort, SC (WLTX) - Tempers flared Wednesday morning in a Beaufort County courtroom as a judge listened to arguments as to why she should reconsider the sentencing of Rick Quinn Jr.

The former Lexington County lawmaker was sentenced to two years probation and community service after pleading guilty to a statutory misconduct in office charge.

Quinn was originally charged with criminal conspiracy, common law misconduct in office and statutory misconduct in office. He was facing 16 years in prison, but took the plea deal for the statutory misconduct in office charge. He was facing a year in prison.

Judge Carmen Mullen sentenced Quinn to a year in prison suspended, two years probation, 500 hours of community service and $1,000 in fines.

First Circuit Solicitor David Pascoe says part of the original plea deal included Quinn admitting he intentionally failed to report a payment from the University of South Carolina to his father's business. However, he did not believe that the deal was reached.

Back on February 12th, Pascoe attempted to make his argument in court during the sentencing hearing. Judge Mullen told him to file a motion and argue to reconsider the sentencing on a different date.

During the hearing on Wednesday, Pascoe began arguing that Judge Mullen stopped being fair and impartial in this case when she had ex parte communications with Quinn's attorneys, meaning private conversations without his knowlege.

Judge Mullen argued back.

"You make allegations like that Mr. Pascoe, you better have something to back it ups with because there's been no ex parte communications in this case," says Mullen. "Other than what was approved prior to the guilty plea hearing."

In court Pascoe said he never agreed to ex parte hearings. With that comment, Quinn's attorneys jumped up from their seats to push back on the statement.

"You actually believe that we would jeopardize our reputations over one case, over one client?" asks Johnny Gasser, attorney for Rick Quinn Jr.

Pascoe says he asked Judge Mullen to reconsider the case because he says Quinn is a "political atrocity."

"I really thought that this court was going to give him a year in prison," says Pascoe.

"If that's what you wanted then you should have tried the case," says Judge Mullen. "You could've even bench tried it, then we could have witnesses."

After the hearing Quinn spoke out about what happened in court.

"It verifies what I've been telling y'all for a year and a half, this man is using the state law to prosecute and investigate his political adversaries," says Quinn. "As a result of that, what you see is trying to score political point with the media is more important to him than getting to the truth and getting to an end that reflects justice."

Pascoe declined to comment after the hearing.

No word yet on when Judge Mullen's ruling will be in.

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