Apr 24, 8:55 AM (ET)
By MEG KINNARD
DARLINGTON, S.C. (AP) - Hands swollen from where they had ripped off their duct tape bonds, two teen girls told police a harrowing tale last year: A man they knew had kidnapped them and raped them in an underground bunker near their mobile home.
Their account launched a four-day manhunt, led to the arrest of a convicted sex offender and helped pass legislation that would allow the death penalty for some repeat child molesters.
But the case against Kenneth Glenn Hinson unraveled Monday when a jury, after four hours of deliberations, acquitted him of criminal sexual conduct, kidnapping, and assault and battery with intent to kill.
Families of the accusers wept in the courtroom. Surprised prosecutors said they thought enough evidence had been presented to ensure a guilty verdict.
"We are shocked and stunned. We believed Mr. Hinson was guilty as charged. We still believe he is guilty as charged," said Attorney General Henry McMaster, who helped prosecute the case.
Hinson, 48, had maintained his innocence since his arrest. During the six-day trial, he testified that he had consensual sex with both girls just hours before the alleged attack and built the bunker to hide drugs. Both girls were 17 at the time, over the legal age of consent in South Carolina, which is 16.
His defense attorney picked apart the girls' stories and questioned why Hinson's fingerprints couldn't be found on the duct tape.
The victory for Hinson, who served nine years in prison for raping a 12-year-old girl, is a high-profile defeat for McMaster. As authorities combed the rural northeast corner of South Carolina in the days leading to Hinson's arrest, McMaster blasted his release, saying that if he had been required to serve his full, 20-year sentence, perhaps he would not have been free to rape again.
McMaster was also vocal in his criticism of a trial judge who chose not to recommend that Hinson be committed to a state rehabilitation program for sexually violent predators.
Two committees consisting of state officials, a defense attorney and a judge had recommended that Hinson enter the program. Judge Edward Cottingham - a retired but active judge - rejected arguments that Hinson had a mental or personality abnormality that might lead him to offend again.
The day Hinson was captured, Cottingham said he did not recall Hinson's case specifically but noted that state law requires prosecutors to show probable cause a person will commit another sexual assault.
After the verdict Monday, Hinson lawyer Rick Hoefer said he was pleased with the jury's decision but felt Cottingham was unfairly criticized by prosecutors and the media for his decision.
"They made a big deal and said, if he had been declared a sexually violent predator, this never would have happened. Well, this jury just said this never happened," Hoefer said. "I think somebody ought to acknowledge that Judge Cottingham, who is a good and honorable man, is entitled to an apology."
Hinson still faces three burglary counts in connection with this case, as well as a felony weapons possession charge that could carry a possible life sentence. He was place in federal custody after Monday's verdict was read, but smiled as he was escorted from the court.
"I think the verdict says it all," he said.
Article 
