I had a feeling this was a Wes Lane/OKCPD setup - and a jury has now said that's exactly what happened. Oklahoma County should be sooo glad Lane is gone. It should be remembered that a thread here at OKCTalk had Gassaway guilty. He DID accept the offer from the woman - but that's not illegal, just unethical. The jury agreed that he was the victim of a setup. I don't particularly like Mike Gassaway, but Lane and a few cop friends went too far (surprise, surprise). Again, be glad Lane is far away from the DA's office. I am sure Prater is going to be so glad when all of Lane's witchhunt/vendetta cases are off the dockets and gone for good.

ON EDIT: I was just told by a friend that The Oklahoman was off the mark on not reporting on some of the testimony which is what swayed the jury. Apparently, there was just no question about it. And he said, "shame on Sandra Elliott for trying to confuse the jury after the damning testimony." IMO, she should be the next to go. Actually, she should have been gone after the Lane/Elliott Terry Nichols fiasco.

Attorney acquitted of charge

Jay F. Marks
Staff Writer

There was little debate Tuesday as an Oklahoma County jury decided attorney Mike Gassaway was not guilty of soliciting sex from a client.
"It was an easy decision,” juror Roxy Hakin said after the three-man, three-woman panel deliberated for about half an hour.

Hakin, 26, said jurors were swayed by defense attorney Scott Adams' argument that the 56-year-old Oklahoma City attorney was set up by police.

Gassaway was arrested in March 2006 after a client, who was working with Oklahoma City vice detectives, approached him about reducing his fee for legal services.

Gassaway was charged with a misdemeanor count of soliciting prostitution because he allegedly suggested he would cut his fee if the woman performed a sex act on him.

Adams maintained the woman initiated the conversation about exchanging sex for a reduced fee.

"She's the one that came up with the program, and she asked Mr. Gassaway. Unfortunately, he accepted,” Adams said. "It's disgusting, but it's not illegal.”

He urged jurors to put aside their disdain for Gassaway's actions and find him not guilty.

Prosecutor Sandra Elliott had argued it did not matter who broached the idea of trading sex for a reduced fee.

She said Gassaway was guilty because he repeatedly urged the woman to perform oral sex on him.

"That's all the statute requires,” Elliott said in her closing argument.

The trial, which drew a crowd to the small sixth-floor courtroom, ended after only three witnesses had taken the stand. Gassaway did not testify or call any witnesses on his behalf.

Gassaway referred all questions to his attorney after he was acquitted. He looked exhausted from the two-day trial as he slumped on a bench outside the courtroom with his wife.

"We're just glad it's over,” Adams said. "It gets a lot of weight off Mike.”


Bar complaint remains
The misdemeanor charge carried up to a year in jail and a $2,500 fine if Gassaway had been convicted, but the ramifications on his career could be even more severe.
The state Supreme Court has been asked to discipline Gassaway for a range of misconduct, including several similar allegations to the one that put him on trial.

A trial on the complaint filed by the Oklahoma Bar Association has been set for July.

Dan Murdock, the bar association's general counsel, said he does not expect Gassaway's acquittal on the criminal charge to affect the disciplinary action.

There is a lower burden of proof on the bar compliant, which accuses Gassaway of violating the rules of ethical conduct for attorneys, Murdock said.

Gassaway could lose his license to practice law if the state Supreme Court agrees with the complaint filed in January.

His attorney has said the accusations are baseless because they came from angry former clients and prosecutors who don't want Gassaway around anymore.

Gassaway surrendered his license in 1995 after being convicted on federal income tax violations for the second time. He was reinstated in 2002.

How do you know Gassaway accepted the offer? Did you hear the tape? Were you on the jury?

I have met Mike Gassaway, and can say one thing for sure. If I am ever accused of a crime, I want him as my attorney. He has the guts to speak his mind.

How do you know Gassaway didn't accept the offer? Did you hear the tape? Were you on the jury?

Yes the tape (actually two) were played and yes the offer was made and yes Gassaway accepted it.

Actually Gassaway never denied (in court) accepting the offer or even dropping his pants.

The case came down to the jury seeing quite clearly that the police were out to get Gassaway and that the girl they sent in made the offer very explicitly and Gassaway accepted.

The state charged him incorrectly to begin with and then Sandra Elliot became over confident and didn't call all those women Lane mentioned that would show Gassaway was predisposed to exchange sex for services.

I'm willing to bet Prater knew this case was a loser but was unwilling to piss off the police by dropping it.

The bar can claim they can make a case against Gassaway, but he's led a very charmed life in the past with the bar.


Speaking of people setup by police and a loser of a case. Your buddy Bates had a date with the judge yesterday too, anyone hear what the outcome was? It was just a PHC, but often times prosecutors use that as an opportunity to drop charges, cut deals or whatever.

[quote=mranderson;93050]How do you know Gassaway accepted the offer?/QUOTE]

Calm down McFly, your standard "how did you know" attacks are getting very stale - If you read the news story from the Oklahoman, Scott Adams (Gassaways attorney) is qouted as saying Gassaway accepted the offer. Try reading a post before you comment!

Quote:

How do you know Gassaway accepted the offer? Did you hear the tape? Were you on the jury?

"said jurors were swayed by defense attorney Scott Adams' argument that the 56-year-old Oklahoma City attorney was set up by police."

"She's the one that came up with the program, and she asked Mr. Gassaway. Unfortunately, he accepted,” Adams said. "It's disgusting, but it's not illegal.”

I'm pretty sure the attorney who said he accepted was in the courtroom.

No, he is not afraid to speak his mind,

"She said Gassaway was guilty because he repeatedly urged the woman to perform oral sex on him."

I'll bet he might be a little afraid now.

__________________
" You've Been Thunder Struck ! "

Unfortunately, Gassaway never seems to learn. He's been to prison twice, sued several times, disbared, numerous bar complaints (most still pending) and now he narrowly skirted a prostitution conviction. Don't get me wrong, I like the guy. I'd never do business with him, but I like him none-the-less.

"afraid"? - I doubt it.

Like his defense attorney stated to the jury "thank God there is a tape!" The funny thing is, the jury didn't even listen to the tape during their deliberations.

mranderson: Others have answered you, but since you directed those questions to me......Gassaway has admitted accepting the offer from the woman. The question was if he initiated the idea or if the woman was sent in to make the offer and setup Gassaway for the bust. The jury clearly - in 30 minutes - decided the latter.

------------------------

Holy cow! You're asking a lot!!

__________________
Fear leads to anger. Anger leads to hate. Hate leads to suffering. --Master Yoda
Facts can change opinions, opinions cannot change facts.

Okay...I'm a little naive here but....

The woman that was working with the OKC Vice Detectives....was she a hooker? One of the fun ones around the office? So...she was told to go in and do this? How does this work?

And is that work duty listed when you accept the position....of undercover hoe?

She offered to go in undercover to get out of 3 felonies she SHOULD have been charged with.

Tax payers should be outraged that police and prosecutors were so willing to trade 3 serious felonies to pursue a rumor that could only get a single misdemeanor at best.

Do you think that this was the first time that an attorney has accepted sex for payment??
Do you think that only one woman came forward with a complaint??

It is sickening that anyone would use a woman (or a Man ) in this manner when they were down and needed an attorney to help and protect them. People should be able to trust their attorney. They should not be performing sex acts when they can't make a payment.

Fun game with your post Oklapi....Insert president for the word attorney and it almost fits perfectly in describing a certain person in our past who was also in a position of power

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Dr. Spaceman: Now Jenna, medically speaking for your height your weight puts you what we call the "disgusting" range. Fortunately there are solutions. For example, crystal meth has been shown to be very effective. How important is tooth retention to you?

You mean, "people should be able to trust their president "? I agree. I wish we could.

Hey, there are a few people on this forum that claim Legal Prostitution is the way to go.. what's so different here?

Sex for Money/Services? Why is that so wrong?

__________________
" You've Been Thunder Struck ! "

If that was the case I would agree 100%. And yes, I do think that has happened with some attorneys. However, in this specific case it was not that way. She was sent in to try and solicit him and see if he would take the bait. He did, but the way in which the police set him up was illegal.

OklaPI, Don't get me wrong, if she had come forward to police as a victim and truly was, then I'd say hang him high!