Myrtle Beach officials released the case file Friday in the prostitution case against Horry County Councilman Marion Foxworth.
The city dropped its loitering for prostitutes case against Foxworth on May 14 and city prosecutor Mike Smith released this statement explaining why, “In consideration of the totality of the circumstances and facts in this particular case, the Office of the City Attorney has concluded it is in the interest of justice to dismiss all charging documents and not proceed with trial.”
Myrtle Beach Police booked Horry County councilman Marion Foxworth and a woman, Dorothy Crossman, who police call a “known prostitute,” on prostitution charges in October 2007.
Police say Foxworth paid Crossman $20 for oral sex after investigators said they saw Foxworth give Crossman a ride to her Canal Street home, then the pair spent several minutes inside.
In the patrol car video of investigators interrogating Foxworth, the councilman denied the accusations, “I was in there all of 10 minutes and I'm quick, but I'm not that quick, I'll be honest with you.” Foxworth said.
“My wife is a school teacher; I work in marketing for a development company and I'm an elected official. I'm not going to try to do anything to get myself arrested for prostitution, I can tell you that,” Foxworth explained.
Crossman told police Foxworth gave her the money so she could buy cigarettes, then he gave her a ride home, “He said he wanted to go to the bathroom, he was on his phone, I said okay. He came in and I said well are you going to give me the money for the cigarettes? So, he handed me $20 and then he pulled his pants down and I said you've got to go.”
On Oct. 27, 2007, investigators got consent from Crossman to give a DNA sample to police as she walked near the railroad tracks on Canal Street, according to the case report.
Police used the sample to compare Crossman’s DNA to the stain on Foxworth's pants.
Police confiscated Foxworth's pants and underwear when he was arrested and sent them to a State Law Enforcement Division laboratory in Columbia for DNA analysis.
In a Feb. 22, 2008 email form Myrtle Beach Police Crime Scene Investigator, Michelle McSpadden, to her supervisors, McSpadden advised that SLED agent, Lilly Gallman advised her, "Believes the unknown donor is Foxworth, but she cannot confirm that as we do not have a standard from him."
McSpadden continued, “She would like to have a DNA standard from Foxworth to confirm that the unknown male (whose DNA was found on Foxworth’s pants) is him, but she understands that he may not willingly provide one.”
On April 7, 2008, city prosecutor Mike Smith offered Foxworth a deal that would allow him to plead guilty to the charge with no fine or jail time.
Foxworth never pleaded to the charge and continued to publicaly deny the charge.
Smith officially dismissed the charge on May 14, 2009.
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