View Full Version : Prosecutorial misconduct; murder conviction is tossed in Oklahoma County



BBatesokc
04-05-2012, 06:47 AM
Amid claims of prosecutorial misconduct, murder conviction is tossed in Oklahoma County

Read more: http://newsok.com/amid-claims-of-prosecutorial-misconduct-murder-conviction-is-tossed-in-oklahoma-county/article/3663605#ixzz1rAZylJ4d

BBatesokc
04-05-2012, 06:48 AM
I'm not surprised Miller was wrapped up in this, but it didn't strike me as something Kimbrough would do.

Double Edge
04-05-2012, 07:16 AM
They could face termination.

Nice slap on the wrist. Seems like jail time would be more in the public interest.

Roadhawg
04-05-2012, 07:21 AM
I saw this on the news last night. I agree firing is too light of a penalty if this is true.

kevinpate
04-05-2012, 03:18 PM
For a trial judge to step in and invite a motion for new trial is rare. Often, if misconduct by the state is corrected at all, it is at some point in the appellate review process where all the participants are, generally, not the same folk involved in the original proceeding.

Even a suspension in an instance of state misconduct is not common. I already thought very well of Prater, and a tad more so now.

MikeOKC
04-05-2012, 03:44 PM
I would think any suspension/firing would be first steps toward legal action - or it should be. I'm glad Judge Deason has asked for a new trial and Prater did what he did with the suspensions. However, we've all read enough about prosecutorial misconduct to know the DA making the moves is very often preemptive action because they are about to get outed. Judge Deason, by the way (and I was surprised by the omission from the Oklahoman story), worked with Bob Macy in the District Attorney's office for about 15 years. So, it's hard for me to think he's just shocked at prosecutorial misconduct.

If there's enough evidence of prosecutorial misconduct to suspend, the judge to order a new trial and apologize to the jurors, etc. Why isn't that enough evidence to simultaneously announce charges against these assistants?

While Prater is looking like a hero here (and he may be) there's enough history of this kind of thing to wait and see. There's too many people involved who learned at the feet of Macy to feel comfortable with that office and this whole deal. I wish it were different, but it's a sordid history down there.

BBatesokc
04-05-2012, 06:46 PM
Fortunately ADA Miller is as unprofessional as she is, apparently it was her boasting about screwing the DP's office that initiated the investigation when someone else from the DA's office blew the whistle after hearing her boasting.

Here's the case on OSCN..... http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2645212&db=Oklahoma