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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Showing posts with label Jesse S. Harris. Show all posts
Showing posts with label Jesse S. Harris. Show all posts
Tuesday, February 03, 2009
Friday, June 27, 2008
Tulsa Judge Harris Sues Accusers
A Tulsa judge who faces two counts of indecent exposure has filed a civil lawsuit against his former girlfriend and another woman for allegedly slandering and libeling him with an intent to destroy his judicial and legal career.
The lawsuit filed Wednesday on behalf of District Judge Jesse Harris is seeking an unspecified amount of actual damages in excess of $10,000 and punitive damages from the women.
A special prosecutor charged Harris on April 24 with exposing himself to the two women March 9 in the parking lot of a Tulsa motel. Harris has denied the allegations.
According to the lawsuit, the women conspired to make false claims of criminal conduct against Harris and carried out their scheme. The women have no credibility, the lawsuit alleged.
The lawsuit filed Wednesday on behalf of District Judge Jesse Harris is seeking an unspecified amount of actual damages in excess of $10,000 and punitive damages from the women.
A special prosecutor charged Harris on April 24 with exposing himself to the two women March 9 in the parking lot of a Tulsa motel. Harris has denied the allegations.
According to the lawsuit, the women conspired to make false claims of criminal conduct against Harris and carried out their scheme. The women have no credibility, the lawsuit alleged.
Wednesday, June 18, 2008
Attorneys Ask for New Prosecutor for Judge Harris
Defense attorneys have formally asked for a special prosecutor in the indecent exposure case against a Tulsa County district judge to be removed.
Attorneys for Judge Jessie Harris claimed in a court filing Monday that the Washington County District Attorney Rick Esser's office prepared two different sets of charges against in an improper attempt to force Harris to resign.
Harris is charged in Tulsa County with felony indecent exposure for allegedly exposing and fondling himself in front of two women in the parking lot of an east Tulsa motel.
Esser was appointed special prosecutor by the attorney general.
Attorneys for Judge Jessie Harris claimed in a court filing Monday that the Washington County District Attorney Rick Esser's office prepared two different sets of charges against in an improper attempt to force Harris to resign.
Harris is charged in Tulsa County with felony indecent exposure for allegedly exposing and fondling himself in front of two women in the parking lot of an east Tulsa motel.
Esser was appointed special prosecutor by the attorney general.
Judge to decide whether to remove prosecutor
UPDATE:
An Osage County judge will rule next week on whether a special prosecutor accused of misconduct should be removed from the indecent-exposure case of a Tulsa judge.
District Judge M. John Kane IV listened to a day's worth of testimony on Wednesday, then took the case under advisement and said he would decide by 5 p.m. June 11.
Kane was appointed to preside over the initial trial phases in the case against Tulsa County District Judge Jesse Harris, who was charged April 24 with two counts of indecent exposure.
Harris is accused of exposing and fondling himself in front of his ex-girlfriend and another woman in the parking lot of an east Tulsa motel on March 9.
Washington County District Attorney Rick Esser was appointed as the special prosecutor in the case, but Harris' lawyers have accused him of leaking a graphic police affidavit before it was filed at the Tulsa County Court Clerk's office.
Defense attorneys Allen Smallwood and Joel Wohlgemuth questioned Esser and assistant district attorney Will Drake about two probable-cause affidavits that had been prepared against Harris in an effort to get him to retire.
One affidavit listed the two felony indecent exposure charges and detailed the alleged crimes. The other affidavit, an alternative one, was prepared with two misdemeanor charges of outraging public decency.
The jail term and fines would have been deferred in the latter option, with the condition that the judge retire from the bench within 30 days of charges being filed.
Esser defended the preparation of the affidavits and noted that the plea offer in return for retirement was not unlike one supposedly offered to former Creek County District Judge Donald Thompson, who was convicted of four counts of indecent exposure in June 2006.
Wohlgemuth said state law gives that kind of discretion to the Oklahoma Council on the Judiciary, not prosecutors.
The defense attorneys also criticized an April phone call from Esser's office to Harris' judicial chambers. Esser said his office was confused about who was representing Harris, so he called to find out the name of Harris' attorney, then Robert Butler.
The defense attorneys claimed that the phone call violated the state's professional rules of conduct.
An Osage County judge will rule next week on whether a special prosecutor accused of misconduct should be removed from the indecent-exposure case of a Tulsa judge.
District Judge M. John Kane IV listened to a day's worth of testimony on Wednesday, then took the case under advisement and said he would decide by 5 p.m. June 11.
Kane was appointed to preside over the initial trial phases in the case against Tulsa County District Judge Jesse Harris, who was charged April 24 with two counts of indecent exposure.
Harris is accused of exposing and fondling himself in front of his ex-girlfriend and another woman in the parking lot of an east Tulsa motel on March 9.
Washington County District Attorney Rick Esser was appointed as the special prosecutor in the case, but Harris' lawyers have accused him of leaking a graphic police affidavit before it was filed at the Tulsa County Court Clerk's office.
Defense attorneys Allen Smallwood and Joel Wohlgemuth questioned Esser and assistant district attorney Will Drake about two probable-cause affidavits that had been prepared against Harris in an effort to get him to retire.
One affidavit listed the two felony indecent exposure charges and detailed the alleged crimes. The other affidavit, an alternative one, was prepared with two misdemeanor charges of outraging public decency.
The jail term and fines would have been deferred in the latter option, with the condition that the judge retire from the bench within 30 days of charges being filed.
Esser defended the preparation of the affidavits and noted that the plea offer in return for retirement was not unlike one supposedly offered to former Creek County District Judge Donald Thompson, who was convicted of four counts of indecent exposure in June 2006.
Wohlgemuth said state law gives that kind of discretion to the Oklahoma Council on the Judiciary, not prosecutors.
The defense attorneys also criticized an April phone call from Esser's office to Harris' judicial chambers. Esser said his office was confused about who was representing Harris, so he called to find out the name of Harris' attorney, then Robert Butler.
The defense attorneys claimed that the phone call violated the state's professional rules of conduct.
Tulsa Judge Harris Fighting Back
The felony case against a Tulsa judge heats up. Judge Jesse Harris is fighting back after charges of indecent exposure were filed. He's going after the Washington County District Attorney assigned to his case, asking that the prosecutor be disqualified.
Judge Jesse Harris accuses Washington County District Attorney Rick Esser of intentional misconduct. He filed this motion on Monday to have him removed from the case.
In the filing, Harris claims he has evidence of intentional misconduct and that the DA filed criminal charges against him only after he refused to resign. Harris points to an April 11th and April 18th meeting he had with Esser and others.
The first was several weeks before charges were filed claiming Judge Harris fondled himself in front of an ex-girlfriend and one of her friends.
In the motion, Judge Harris claims if he didn't resign promptly, Esser told him "the press would get a hold of this."
Harris says District Attorney Esser followed through on that threat and provided the Tulsa World with confidential police reports relating to the incident before the charges were filed April 24th.
In the filing, Harris also claims police released a graphic affidavit to the paper to embarrass him as payback for not stepping down.
In the meantime, Judge Harris is no longer presiding over felony cases since he faces two felony counts himself.
Judge Jesse Harris accuses Washington County District Attorney Rick Esser of intentional misconduct. He filed this motion on Monday to have him removed from the case.
In the filing, Harris claims he has evidence of intentional misconduct and that the DA filed criminal charges against him only after he refused to resign. Harris points to an April 11th and April 18th meeting he had with Esser and others.
The first was several weeks before charges were filed claiming Judge Harris fondled himself in front of an ex-girlfriend and one of her friends.
In the motion, Judge Harris claims if he didn't resign promptly, Esser told him "the press would get a hold of this."
Harris says District Attorney Esser followed through on that threat and provided the Tulsa World with confidential police reports relating to the incident before the charges were filed April 24th.
In the filing, Harris also claims police released a graphic affidavit to the paper to embarrass him as payback for not stepping down.
In the meantime, Judge Harris is no longer presiding over felony cases since he faces two felony counts himself.
Saturday, May 03, 2008
Woman Moves Out of State to Feel Safe from Judge
Kalisha Nolen who accused Judge Jesse Harris of exposing himself has moved to Nashville, Tennessee so she will feel safe. "I knew that once he saw the police report ... he would know that I had done this and that it would be public record," she said. "I was already afraid of him ... It was not safe for me" to stay in Oklahoma, she said.
Now, she said, "I am not afraid to stand up to him. I have had it once and for all."
Miss Nolen, 32 dated Judge Harris for 5 years, but had left him a year before the alleged exposure occurred back on March 9. Nolen said she met him in 2002, when she worked as a process server during a high-profile molestation trial.
She said she broke up with him in 2007 "because of all the womanizing.”
She said she gave a Tulsa police detective access to her medical records and even took a lie-detector test, "because they said it would help them make a solid case.”
The police affidavit alleges that Judge Harris pulled up outside Nolen’s motel room and, as she looked out the window of her room, asked questions about Nolen's friend.
Nolen said she had called Judge Harris earlier that morning, seeking legal advice for the friend. The police affidavit alleges that as he sat in his car outside the motel room, Harris asked Nolen about her friend's looks and suggested they have group sex. At one point he exited the car and exposed his penis through the fly of his pants, Nolen told police. The judge continued to expose himself after the second woman exited the motel room, the affidavit quotes Nolen as saying.
During a police interview, Harris admitted having a conversation with the women outside the motel room but denied any exposure or explicit sexual conversation, according to the affidavit.
Harris has been a judge since 1986 and has been a trial judge in criminal cases longer than any other Tulsa County judge.
Nolan now lives in a “protective environment” and is receiving counseling, services for domestic and sexual assault.
***********************
Men have got to learn how to keep their little thingy in their pants.
Now, she said, "I am not afraid to stand up to him. I have had it once and for all."
Miss Nolen, 32 dated Judge Harris for 5 years, but had left him a year before the alleged exposure occurred back on March 9. Nolen said she met him in 2002, when she worked as a process server during a high-profile molestation trial.
She said she broke up with him in 2007 "because of all the womanizing.”
She said she gave a Tulsa police detective access to her medical records and even took a lie-detector test, "because they said it would help them make a solid case.”
The police affidavit alleges that Judge Harris pulled up outside Nolen’s motel room and, as she looked out the window of her room, asked questions about Nolen's friend.
Nolen said she had called Judge Harris earlier that morning, seeking legal advice for the friend. The police affidavit alleges that as he sat in his car outside the motel room, Harris asked Nolen about her friend's looks and suggested they have group sex. At one point he exited the car and exposed his penis through the fly of his pants, Nolen told police. The judge continued to expose himself after the second woman exited the motel room, the affidavit quotes Nolen as saying.
During a police interview, Harris admitted having a conversation with the women outside the motel room but denied any exposure or explicit sexual conversation, according to the affidavit.
Harris has been a judge since 1986 and has been a trial judge in criminal cases longer than any other Tulsa County judge.
Nolan now lives in a “protective environment” and is receiving counseling, services for domestic and sexual assault.
***********************
Men have got to learn how to keep their little thingy in their pants.
Thursday, April 24, 2008
Update: Tulsa, Oklahoma Judge has been Charged with Indecent Exposure
Tulsa County District Judge, Jesse Harris has been offically charged with two counts of indecent exposure. He has been accused of exposing himself to 2 women at an east Tulsa hotel parking lot.
Earlier today, prosecutors charged Judge Harris, who was then booked into the Tulsa County Jail around 5:30 pm. He was released just ten minutes later on a personal recognizance bond.
Earlier today, prosecutors charged Judge Harris, who was then booked into the Tulsa County Jail around 5:30 pm. He was released just ten minutes later on a personal recognizance bond.
Wednesday, April 23, 2008
Tulsa Judge Under Investigation for Indecent Exposure
Tulsa County District Judge Jesse S. Harris is under investigation for allegations of indecent exposure.
Judge Harris is accused of exposing himself to two women at an east Tulsa hotel parking lot back on March ninth. The woman making the allegations is his ex-girlfriend.
The Judge had cleared his docket for the rest of this week, and the investigation has now been handed over to the Washington County District Attorney’s Office in Bartlesville. Tulsa County DA Tim Harris turned the case over due to conflict of interest.
Currently the allegations are just being investigated. No charges have been filed in the case and the Judge has not been arrested.
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