Mistrial declared in penalty phase of Broughton case

MONCKS CORNER — Circuit Judge J.C. Nicholson Jr. declared a mistrial this morning in the penalty phase of Colin Broughton’s capital murder trial, saying there was an attempt to intimidate potential witnesses.

“That effort to intimidate strikes at the very heart of our legal system,” Nicholson said. “I just don’t think the court can tolerate that, especially in the death-penalty phase.”

Defense attorney Bill McGuire told The Post and Courier on Monday that a Berkeley County jail official had urged guards not to paint too rosy a picture of Broughton on the witness stand.

The alleged intimidation came to light Monday as Nicholson questioned the guards in his chambers, outside the view of the jury. The guards had backed away from their previous comments that Broughton has behaved well inside the jail since his arrest for the 2006 slaying of Shirley Birch.

On Monday, sheriff’s office spokesman Dan Moon said he was unaware of the incident.

After a short recess Tuesday morning, 9th Circuit Solicitor Scarlett Wilson was expected to address the court before Broughton was to be sentenced by Nicholson. The judge’s decision likely takes the death penalty off the table as a potential punishment.

Broughton addressed the court after Nicholson declared the mistrial.

“First, I would like to apologize for my own selfishness, for the pain I caused my family, and for taking an innocent life,” he said. “I hope they (his family) find it in their hearts one day to forgive me. I know it will be hard. What’s happened, has happened. I’m not proud of it. I never will be proud of it.”

Broughton was found guilty of murder and several other crimes last week in an attack that took place inside a Huger mobile home. The jury was hearing testimony in the penalty phase of the trial to determine whether Broughton should be put to death.

McGuire had hoped the jail guards would paint Broughton as a cooperative inmate who abides by the rules, proving that his crimes stemmed from drug addiction. Broughton, 25, also was found guilty of criminal sexual conduct, armed robbery, burglary, grand larceny, assault and battery with intent to kill and attempted arson.

McGuire already had said the he likely would appeal based on an earlier judge’s ruling that one of three defense attorneys cannot speak in court.

Check back later with postandcourier.com for updates on the case, and read the full story Wednesday in The Post and Courier.