PCR Update: State’s Motion to Dismiss was denied

A few months ago in late March Kimberly had a hearing in Horry County for her second PCR (Post Conviction Relief) petition she filed in July 2017. Her first PCR she filed in 2008 was on grounds of juror misconduct after receiving a letter from juror Jarid Hardee apologizing for his vote to convict when truthfully he did not agree with that verdict. That first PCR petition was denied with the judge citing insufficient evidence. Juror Jarid Hardee would later publish a book of what happened in that jury room titled Justice or Injustice? What Really Happens In A Jury Room

The State motioned to dismiss her recent July 2017 PCR petition citing different legal arguments including that at her first PCR hearing she had waived her right to ever bring up ineffective assistance of trial counsel, which formed the basis of this petition. In April 2018 the judge signed a Conditional Order of Dismissal. Kimberly filed an objection and a hearing was held in Horry County in March 2019.

At this March 2019 hearing Kimberly’s team argued had she known information in her case files she never would have waived that right, that the same trial attorney (Diggs) also represented her through all appeals which is highly unusual and unethical thus creating a conflict of interest when she should have conflict-free appeals counsel (also- one of her appeals was denied based solely on Diggs not filing it in time), that she requested her case files from Diggs but had been ignored through the years only receiving an incomplete set of her case files in 2016 (at least 30% still missing) after Diggs had been disbarred, that after reviewing the files discovering, among other things, that Diggs had been in contact with crucial expert Dr. Saul Kassin, one of the world’s leading false confession experts, to help with her defense but never followed up (or paid him), and that Dr. Saul Kassin was willing to testify for her defense and had prepared a written analysis after reviewing her interrogations in 1999. The jury never heard Dr. Saul Kassin’s testimony or read his analysis.

The judge denied the State’s Motion to Dismiss and Kimberly can now move forward with her second PCR on grounds of ineffective assistance of trial counsel.