Wednesday, June 18, 2008

Judge Harris Ruling Postponed

More Updates:

A court ruling on whether a special prosecutor should be disqualified in the case against Tulsa County District Judge Jesse Harris, who is charged with two counts of indecent exposure, has been delayed until June 17.

Osage County District Judge M. John Kane IV was to have rendered a decision Wednesday on the motion to disqualify filed by Harris' lawyers.

However, in papers filed Wednesday with the Tulsa County Court Clerk's Office, Kane said he needed more information from lawyers on both sides of the dispute before he rules.

Kane, who was specially appointed to hear the initial phases of the case against Harris, said he would issue the ruling by 5 p.m June 17.

Kane presided over a daylong hearing last week at which Harris' lawyers, Joel Wohlgemuth and Allen Smallwood, claimed misconduct on the part of Washington County District Attorney Rick Esser's office.

Esser was appointed special prosecutor in the case.

Among other things, Harris' lawyers claimed that Esser's office released graphic details of the alleged crimes to the media before they were filed with the court.

They also said Esser's office acted improperly by trying to get Harris to retire in exchange for misdemeanor charges being filed instead of felonies.

The attorneys argued Esser did not have the authority to seek removal of a judge — and said that authority rested with the state's Council on the Judiciary.

They also said Esser's office tried to contact Harris directly, instead of through his lawyer, which would be a violation of the state's professional rules of conduct.

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