SEAL ON DEAL WITH COUNCILMAN CALLED UNUSUAL, NOT ILLEGAL

It is unusual but not unheard of that a seal is placed on an agreement to
return to an owner property that has been tapped for seizure after a drug
raid, a University of South Carolina law professor said.

The 15th Circuit solicitor's office has reached such an agreement with
James Russell Herring, a Loris City Councilman who was charged last month
in a drug bust at his store, Russell's Super Service, which also is called
Russell's Stop & Shop.

"There's nothing improper about it," said Eldon Wedlock of the University
of South Carolina. He said placing a seal on such a deal is unusual unless
extraordinary circumstances are involved.

Herring, a four-term City Council member, still faces criminal charges,
prosecutors said.

He was arrested July 6 at his business and faces 14 drug-related charges
that include distribution of marijuana and narcotics, and unlawful
possession of prescription medications.

On the day of his arrest, Horry County police boarded up his business and
prosecutors said it was targeted for seizure.

Officials in the 15th Circuit solicitor's office said an agreement has been
reached regarding Herring's business, but they would not discuss the deal
because it has been sealed.

Herring's lawyer, Carroll Padgett, also declined to talk about the
agreement. Padgett also is contracted to represent the city of Loris, but
his relationship with Herring is not a conflict of interest, said Howard
Duvall of the S.C. Municipal Association.

Prosecutors said the agreement reached regarding Herring's property will
have no effect on his criminal charges.

Hembree said his office rarely reaches agreements on real property targeted
for seizure because few of those situations arise.

"The deal could be one that allows the man to continue running his business
while the charges are being worked out," Wedlock said. "The real problem
here is the sealing of the settlement, because you are left to speculate as
to why."