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Judge says no to Florence County Sheriff's new trial request
Posted: 01.04.2013 at 2:03 PM
Tonya Brown

Tonya has been reporting stories happening in the Pee Dee for more than 10 years.

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Circuit Court Judge William Seales, Jr. denied post trial motions by Florence County Sheriff Kenney Boone asking for a new trial and for award damages to be reduced.

Last month, a jury found Sheriff Boone committed slander against his former investigator, Phil Hanna.

Hanna filed a civil suit against Boone in 2010, saying he used his power to stop Hanna from a getting a job as a constable with the Florence County Magistrate Office.

The jury awarded Hanna $125,068 in damages.

Judge Seales' order says the jury in this case had ample opportunity to assess the credibility and believability of all the witnesses that testified.

It says the record supported the finding of constitutional actual malice, and actual damages were within reason.

We're still waiting to learn if Boone's attorney will appeal the judge's denial of post trial motions.

Jurors decided in favor of Boone on the accusation of tortuous interference.

The jury deliberated for nearly seven hours before reaching a decision.

Florence County Sheriff's Office Captain Michael Nunn issued a statement on behalf of Sheriff Boone following the jury's verdict:

"We greatly respect the role of the jury in our system of civil justice and the work of this jury in particular. Naturally, we're disappointed in the decision and the judge has allowed us to make post trial motions in the coming days."

"We continue to believe that Sheriff Boone was in his rights as Sheriff to comment on his views about possible interagency conflicts. And, we believe Judge Cooper's testimony that Sheriff Boone's call did not play a part in his decision not to hire Mr. Hanna. Beyond that, we don't have any further comment at this time."

Hanna worked for the Sheriff's Office for 18 years until he was fired in 2008.

Hanna's attorney, Patrick McLaughlin, said during closing arguments Hanna was a leading candidate for the job but didn't get it after Boone made a call to the Chief Magistrate Eugene Cooper.

Boone is being represented by Michael Battle of Conway.

Battle told jurors during his closing arguments that Boone had nothing to do with Hanna not getting the job. He read a quote from an affidavit from the Chief Magistrate Cooper.

"I made the final decision not to appoint Mr. Hanna as constable. Sheriff Boone's communication with me did not affect my decision," said Battle.

He went on to tell jurors Judge Cooper didn't give Hanna the job because he was over-qualified.

Battle argued this lawsuit is Hanna's revenge for being fired from the Sheriff's Office.

"He has sued not the Florence County Sheriff's Office," Battle said. "He has sued Sheriff Boone individually and in his personal capacity. He wants you to reach into his wallet, into his house and get his money. He doesn't want Florence County's money. He wants his money."

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