TULSA
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an Osage County judge ruled Monday.
District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence,” he found sufficient evidence to order Harris to trial.
Kane set a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by state Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties.”
Allen Smallwood, one of Harris’ defense lawyers, said a different judge will handle a trial in the case.
What’s alleged?
Harris, 54, was charged April 24 with two felony counts of indecent exposure. He has denied allegations that he exposed his penis on March 9 to two women outside a hotel in the 8200 block of E Skelly.
Kane got the case in May after Tulsa County presiding District Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district.
Harris did not testify at the preliminary hearing, which ended Friday.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane said Harris will be tried on one count, which will cover allegations involving both women.
One accuser was Harris’ former girlfriend. The other was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
‘Critical’ witness
Also Monday, lawyers in the case agreed to take a deposition this week from a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw people in the parking lot and who was subpoenaed as a "critical” witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and an electronic monitor.
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