Restore Faith in South Carolina Justice
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We understand that every criminal case is different and that similar charges among different defendants can result in different sentences. We accept that as good as our system of justice can be, the system is not perfect. Nevertheless, we are troubled by aspects of the recent disposition of Mr. Ludwigs reckless homicide charge. This particular case has raised questions among many in our community as to the fairness of our justice system. We who care about and believe in the criminal justice system do not want to see faith in the justice system become another casualty of one persons reckless behavior.
We respectfully ask that you consider the questions below that we have regarding this case. We believe these questions are also relevant to the pending charge of burglary in the first degree against Mr. Ludwig.
1. Prior to killing Mr. Bardsley, Mr Ludwig exhibited a repeated and well-documented disregard for the law. Aside from numerous traffic violations, Mr. Ludwig had been charged with burglary, and criminal domestic violence. He also was charged with resisting arrest after being tasered by police.
At his sentencing hearing for reckless homicide, advocates for Mr. Ludwig were able to speak of Mr. Ludwigs prior good deeds. However, the People did not or were not able to present facts that would attest to another side of Mr. Ludwig. Why was the judge not presented with a more complete accounting of Mr. Ludwigs past?
2. In the year prior to killing Mr. Bardsley, Mr. Ludwig was released on a $1million bond for the burglary charge. During this time, Mr. Ludwig repeatedly violated the conditions of his bond. Mr Ludwig continued harassing phone calls to his estranged wife, her friends and her lawyer. The Greenville Police were informed of his violations. While out on bond, which inexplicably was lowered to $100,000, Mr. Ludwig was charged with criminal domestic violence. Why were no actions taken against Mr. Ludwig for violating the conditions of his bond?
3. While out on bond for a violent crime (burglary in the first degree), Mr. Ludwig drives his car through Mr. Bardsleys home, killing him. In the months after the reckless homicide, Mr Ludwig was twice held in jail for contempt of court: for tampering with his bond conditions and later for sending a recently released fellow inmate and convicted felon to the home of his wife and children.
Given his behavior, why was Mr. Ludwig allowed to remain free on bond? And again, why was this history and pattern of behavior not made clear to the judge who sentenced Mr. Ludwig for reckless homicide?
This case has attracted a great deal of attention in our community. Most people accept that the quality of the legal defense one can afford will have some bearing on any legal proceeding. But none of us can accept or afford is an overly cynical view of our justice system a view which implies that there are two tiers of justice. Unfortunately, fair or not, the outcome of this case has led many to take just such a view. The purpose of this petition is to help re-establish trust in a system on which we all depend.
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The Honorable Henry McMaster -- Attorney General of South Carolina
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