Criminal Cases Could be in Jeopardy After Multicounty Grand Jury's Final Report

News9.com

OKLAHOMA CITY -- Oklahoma's 12th Multicounty Grand Jury has issued its final report of the session, and the report could put several criminal cases across Oklahoma in jeopardy.

The report highlighted several specific cases including information on the issuance of a report alleging "either willful blindness or gross incompetence" at the Oklahoma Office of the Chief Medical Examiner and the indictment of the agency's former chief investigator on multiple counts of sexual battery, criminal possession and transportation of a firearm and possession of drug paraphernalia. The medical examiner's office was also investigated for the manner in which no set practice was established for the collection, maintenance and packaging of evidence and the storage of skeletal remains. The report stated employees kept evidence and drug paraphernalia as displays on their desk.

Defense attorneys say mishandling evidence could place some criminal cases in jeopardy because the validity of the evidence is now in doubt.

"It may have some lawyers question now, do we go back and ask for post conviction relief and say this wasn't credible? They didn't even keep it in the right chain and maybe it was contaminated," said Irven Box, NEWS 9 legal analyst.

In a response to the report, Medical Examiner's Office Spokesperson Cherokee Ballard said the problems have been corrected.

"We've also changed the way skeletal remains are handled. We now have two different rooms that are secured with a lock so no one can get in those rooms unless they have a pass key to get into them. So we've made some major changes, and we hope these changes address the multicounty grand jury concerns," Ballard said.

More:

- M.E. Investigator Ordered to Stand Trial on Rape Charge; 3 Other Charges Dismissed
- Former Oklahoma M.E. Chief Investigator Indicted on Sexual Battery Counts
- Chief Medical Examiner Discusses Efforts to Change Agency
- Possible Tainted Evidence from ME's Office Concerns Public Defenders
- Grand Jury Rebukes Medical Examiner's Office 
- Read the Grand Jury's Full Report (PDF) 
- Oklahoma ME's Office Loses Accreditation
- OSBI Investigates Medical Examiner's Office
- Former M.E. Investigator Accused of Twisting Male Co-Worker's Nipple

The report further included information about a pending case of the false testimony reportedly given by a Marlow police officer in a probable cause affidavit as well as a preliminary hearing. The officer allegedly, knowingly testified to incorrect details of a vehicle pursuit.

More:

• Former Marlow Police Officer Indicted on 2 Counts of Perjury
• City of Marlow Police Chief Fired
• 2 Marlow Police Officers Fired Following Investigation 
• Marlow City Council Discusses Allegations Against Police Officers
• Authorities Investigate Corruption Within Marlow Police Force
• 3 Marlow Police Officers Placed on Leave
• New Accusations Against Marlow Police Officers
• OSBI Concludes Investigation of Marlow Police Department
• D.A. Asked to Step Aside in Marlow Police Corruption Case

A massive embezzlement case is detailed in the report as well. William Clark, former first assistant district attorney in the eighth district, has been indicted for taking more than $36,000 out of the safe. The report included that part of $18,000 seized during a gambling raid was never turned in. An investigation also showed the former assistant district attorney only filed 67 forfeiture cases in four years while his predecessor filed 73 cases in five months.

More:

• Thousands of Dollars Taken from Kay Co., D.A. Says

"The Multicounty Grand Jury has time and again proven its value to law enforcement and its importance as an entity to root out corruption," Attorney General Drew Edmondson said. "The Oklahomans who served as grand jurors thoughtfully and deliberately examined the evidence presented in a multitude of cases. Whether they returned an indictment or not, their decisions were always based on the law and the exercise of good judgment. I thank the members of this grand jury for their service and for their hard work on behalf of the people of Oklahoma."

The grand jury's term lasts 18 months. This term the grand jury returned nine indictments, charging 10 individuals. The grand jury issued 1,959 subpoenas and heard from 161 witnesses over 32 days. Investigative assistance was provided by the grand jury to 145 federal, state and local law enforcement agencies as well as numerous district attorney offices.

Read the complete final report (PDF)