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 Tulsa Judge. Show all posts
Showing posts with label Tulsa Judge. Show all posts
Tuesday, February 03, 2009
Friday, December 05, 2008
Former Judge Donald Thompson Arrested for Drunk Driving
Tulsa, Oklahoma
A former district judge who went to prison for exposing himself by using a sexual device while presiding over trials has been arrested on a complaint of driving under the influence.
Lt. George Brown with the Oklahoma Highway Patrol confirmed that former Creek County judge Donald D. Thompson was booked early Friday into the Tulsa County Jail.
The 62-year-old man was accused of using a "penis pump" during trials and convicted in 2006 on four counts of indecent exposure.
He served about 20 months of a four-year prison term and was released in April.
Thompson's attorney, Clark Brewster, says Thompson made bail and expected him to be released Friday.
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 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.
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.
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.
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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