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Accused child sex abuser RJ May files motion to suppress evidence against him

John Monk, The State (Columbia, S.C.) on

Published in News & Features

COLUMBIA, S.C. — Accused child sex abuser and former Republican hard-right state politician Robert “RJ” May on Wednesday filed a 30-plus page motion asking a federal judge to suppress government evidence against him.

The motion, written by hand at the Edgefield County Detention Center where May is being held without bond, was not immediately made public.

Government prosecutors must respond to the motion by Sept. 22, and U.S. Judge Cameron McGowan Currie will hold a hearing on the matter Sept. 24.

May’s trial on distributing child sex abuse material is set to begin Oct. 9 at the Columbia federal courthouse. The trial is expected to last six trial days, ending Oct. 17, one day before May turns 39.

During Wednesday’s 20-minute hearing, court officials scanned May’s motion, made copies and gave one to federal Assistant U.S. Attorney Scott Matthews. Matthews is one of three federal prosecutors on the case.

May’s motion to suppress likely targets all or much of the evidence, digital and otherwise, seized by agents of the Homeland Security Investigations at May’s house in 2024. The evidence against May was described by HSI agent Britton Lorenzen during a June hearing just after May was arrested.

At that hearing, Magistrate Judge Shiva Hodges ordered May held without bond because, she said, he is a flight risk and danger to the community.

May is charged with 10 counts of distributing child sexual abuse videos, each count of which carries a 20-year prison sentence. May allegedly distributed more than 200 child sex abuse videos on the internet using the made-up name “joebidennnn69,” according to prosecution documents. The videos are particularly graphic, depicting young children in various abnormal sex acts, including one with an animal, prosecutors say.

May, who was the driving force behind the creation of the hard-line conservative S.C. House Freedom Caucus, served in the state House of Representatives from 2021 until late this summer, when he resigned his post. He represented a Lexington County district.

Evidence against May not only includes parts of the 10 videos that make up the charges against him, but more than 200 other different child pornography videos May allegedly distributed 479 times, according to a June 12, 22-page prosecution detention memo.

May, who is not an attorney but who has chosen to represent himself, appeared Wednesday with his two “standby counsel,” public defenders Jenny Smith and Jeremy Thompson. At a hearing last week, Currie allowed May to represent himself. May gave no reason why he wants to represent himself. Defendants are generally advised to have lawyers, since federal criminal law, rules of evidence and courtroom procedures are complex areas for someone with no legal experience.

Standby counsel are only permitted to advise May on matters of procedure, but “they cannot help you with the merits of your cases,” Currie told May.

 

May asked Currie if his standby counsel could provide him with examples of opening statements to the jury. Currie replied, “That would be fine, but they can’t do research.”

Prosecutor Matthews said May will be allowed to examine the government’s evidence against him at the Columbia area Homeland Security office. May was to begin an initial review of evidence, as well as proposed stipulations, jury charges and verdict form after Wednesday’s hearing and will be allowed additional days if he wants them.

The Edgefield County Detention Center gave May a bag lunch and will provide additional bag lunches for him on days when he comes to Columbia to review evidence, Matthews said.

Currie told May he should keep a log book of all evidence he reviews so there will be a record of what he looks at.

“My goal would be for you to review all of it by Sept. 24,” Currie told May.

Matthews also said he intends to file an additional motion under federal Rule of Evidence 404 (b), whereby the government will likely say it intends to introduce at trial evidence about May’s conduct that has not been charged.

Jason Peavy, a Columbia lawyer who is a former federal prosecutor, said in an interview that, generally speaking, the purpose of the prosecution filing a motion concerning other questionable acts by a defendant is to allow the defendant a chance to respond before trial.

“The court can still engage in an analysis of whether it is prejudicial,” Peavy said.

At the short hearing Wednesday, May — who is married and has two small children — did not turn around and look at the sparse audience, which included a few Homeland Security Investigators and reporters.

May chatted with his standby attorneys, Smith and Thompson, who sat on either side him at a table between the judge’s podium and audience seats. May sported a new haircut, close around his ears, and he wore an orange and white striped jail jump suit with the letters ECDC stamped in black on the back shirt.

Court schedules call for May to be transported to the Columbia federal courthouse on Oct. 1 to review jury questionnaires. On Oct. 8, one day before his trial begins, May will be at the courthouse for jury selection.


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