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Salem man convicted of murder awaits new trial
Judge rules man’s attorneys made ‘unprofessional errors’

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Harold Crowe Jr.

Harold Crowe Jr.

SENECA — A Salem man sent away to prison 47 years for murder is back in Oconee County awaiting a new trial.

After spending the past four years in a state prison, 42-year-old Dennis Harold Crowe Jr. finds himself back in familiar surroundings at the Oconee County Detention Center. Detention officers booked him into the county jail Monday.

Crowe got a second shot at a new trial by a jury of his peers when Circuit Judge J. Cordell Maddox concluded last month that Crowe’s attorneys botched his defense.

Maddox concluded after a court hearing that Crowe’s lawyers — Kurt Tavernier of Anderson and Gruber Sires of Seneca — “provided ineffective assistance of counsel at the trial level.”

Maddox went on to say in his order: “Counsel’s deficient performance prejudiced Crowe such that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”

According to the South Carolina Bar Web site, neither Tavernier nor Sires have been cited for disciplinary action.

Leading up to his murder indictment in October 2003 for beating to death his live-in girlfriend, Roberta “Bertie” Flora Davis, Crowe had led a checkered past to say the least.

According to the Oconee County Sheriff’s Office, Crowe’s rap sheet is long and dangerous. For instance, in 1994 he was charged with assault and battery of a high and aggravated nature; three counts of assault and battery with intent to kill in 1996; kidnapping and criminal sexual conduct in the first degree the same year; and burglary and pointing or presenting a firearm in 2003.

On June 20, 2003 Crowe called 911 o say that his girlfriend was not breathing and that he thought she was dead, court documents reveal.

An ambulance arrived at his residence, 111 Short St., in Salem. Paramedics saw the woman lying dead in her bed. Crowe, who appeared to be intoxicated, said she had fallen during the day.

However, a coroner’s report found evidence of blunt trauma not consistent with a fall. In fact, the autopsy report said there were bruises on the victim’s hands and arms indicating she may have been trying to defend herself.

Court records go on to say that during the trial, multiple witnesses testified that Crowe had previously been physically abusive to Davis.

The jury found Crowe guilty and Circuit Jude Alex Macaulay sentenced him to 47 years in prison.

No date has been set for the new trial.

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  1. Suggest for removal | 1 of 1 people found this comment useful.

    How is it, when authorities have a case against a guilty man who so deserves a sentence he gets, some lawyer or screwed up law gets him a new trial? That is what upsets people about our justice system. That and the fact, it will not treat two exact crimes the same. Somebody will get preferential treatment. A person out there who possibly can be innocent, doesn't have a chance of getting a fair trial or a retrial. He goes to prison for a crime he did not commit. It happens everyday.

  2. Suggest for removal | 2 of 2 people found this comment useful.

    With a rap sheet like this fellow has, I'm sure new attorneys and a different jury will be sure to find him quite innocent.

  3. Suggest for removal | 1 of 1 people found this comment useful.

    I remember when this happened. He killed her just as sure as I live and breath. I hope he gets the death penalty, I sure don't want to have to pay taxes to keep his sorry tail up for the next 50 years, do you?

  4. Suggest for removal | 1 of 2 people found this comment useful.

    Here's a way to turn all that anger and indignation into something positive, donate to the cause to get an abused women's shelter in Oconee County. I can't seem to find the address at the moment but I'm sure the Sheriffs Office has it.

  5. Suggest for removal | 1 of 2 people found this comment useful.

    Mr. Crowe was charged with two murders, the attorneys appointed to represent Mr. Crowe were informed by the former solicitor to prepare for a specific trial that week, the case was called and pretrial motions were heard for 1 1/2 days, after the motions were completed, and the jury was ready to be picked, the former solicitor stated she would proceed on the other murder charge, she claimed it was on the trial docket and could be called despite previously telling the defense attorneys which trial to prepare for. The attorneys put on the record which case they had been told to be ready for and they were prepared for that trial. With the exception of one of the former solicitor's staff members, even her own office didn't know what she was going to do, the attorneys stated they were not prepared and it would most certainly be reversed or come back on a PCR, they testified to that at the PCR. Regardless of the charge do you consider that fair? The former solicitor did what she did just to get a conviction, she didn't care about justice. Defense attorneys only want a fair playing field, when you can't trust the prosecutor, it is a sad day for the legal system, regardless of how you feel personally, make your own assessment. the defense attorneys didn't botch anything, it was on the record from the start, the former solicitor made the mess, she should be accountable for the wasted money and resources, don't blame anyone but her....by the way, it would be prudent for the reporter to check the facts and sources before publishing a column ....

  6. Suggest for removal | 0 of 0 people found this comment useful.

    This is to the person that goes by "the truth", Do you think he is innocent? If so, you are probably one of the few who does think he is. This one is a bad seed by birth, HANG EM HIGH!!!

  7. Suggest for removal | 0 of 0 people found this comment useful.

    Who was soliciter when this happened? Was it Druanne White? Although Sires might have been ineffective in this particular case, the verdict was dead right!! This was a open and shut case. How qualified is Sires for a murder trial?? hasn't there been other PCR cases which revolved around Gruber Sires most ineffective council? I don't believe he needs to undertake serious crimes. After seeing him in action on one particular occasion I felt as though he needs to stick to divorce cases.

  8. Suggest for removal | 1 of 1 people found this comment useful.

    citizenkane and corruptsystem, whether he is guilty or innocent has absolutely nothing to do with the issue, it is whether the accused gets a fair trial, plain and simple, what took place was totally wrong once the switch took place, you may consider it to be a slam dunk, but the defendant (as well as the attorneys) should not have been ambushed like that, particularly after they had been told which trial to prepare for, it wasted court time and a lot of tax dollars, yes, ms. white was the solicitor, this was also done after she had been defeated for re-election, you figure it out

  9. Suggest for removal | 0 of 0 people found this comment useful.

    To thetruth: At least Mrs. White tried and won a murder case, thats better than Chrissy Adams could ever claim.

  10. Suggest for removal | 1 of 1 people found this comment useful.

    And....all this goes on in Oconee County, and everyone is shocked? Oh my! Goes on every day and in every way possible. Always has and always will be this way around here I guess....I'll just try to stay out of "any" trouble and "never talk to the police" - that's my motto. And just for the cuteness....haven't any of you all heard the phrase used for Mr. Sires by people he was appointed to defend? Well, "Goober Sires" is what it is. The first time I heard someone he was appointed to defend say that, I thought I would crack up! But I guess it's true...bless his heart. This man may be guilty, I don't know. But I do know that when you have no money & have to have a court appointed attorney you are in deep $#@#! I have heard several attorneys that did not want to do public work, but of course had to when appointed, state they would only do the minimal they had to do since it didn't pay good. So there you go....Everyone deserves a fair trial, otherwise our judicial system is totally, totally moot.

  11. Suggest for removal | 1 of 1 people found this comment useful.

    You're right Cowboy, guilty or innocent, everyone deserves a fair trial.

    I know from experience they are not "public defenders". They are "PUBLIC PRETENDERS". They pretend to defend you. Actually,they are getting you to agree to exactly what the prosecutor wants. They just try to make you believe they made the deal for you. Like you said, they're going to do as little work as possible.

    I even tried to get a court date to have a new lawyer appointed because mine was not trying to help me. My fine upstanding lawyer told me, if I did, when we went before the judge he would tell him I was being a difficult client. He said that would cause the judge to yank my plea bargain, I would not get another lawyer,or plea bargain and would do more than five years for the crime I didn't commit. Now, how's that sound for our fine upstanding judicial system? Of course, who's going to believe me over this fine lawyer in Asheville. He wasn't even going to allow my husband in the room with us to discuss my case. That sounded crooked to start with so I wouldn't go for that.

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