ROGERS COUNTY, Okla. — Two employees of the Rogers County District Attorney's Office are suspended and under investigation.
The Rogers County D.A. Matt Ballard recused himself from the investigation in a letter to the Oklahoma attorney general on Tuesday. The letter states that Isaac Shields and George Gibbs, Jr. are accused of observing jury deliberations in a trial.
The deliberations concerned the decision over Robert Kraft, a Chouteau man who stabbed another man in the heart. Kraft claimed self-defense during the trial, but eyewitness statements say Kraft started a fight with the victim. He was found guilty by a jury.
Ballard said he learned of the allegation on July 7th when the judge who oversaw the case in question reached out to him. Ballard wrote he conducted an internal investigation and confirmed the room where the jury deliberated was equipped with cameras linked to a monitor in the courthouse security office. When he confirmed the jury had been observed through this camera Ballard said he suspended Shields and Gibbs.
He said they believe the audio for the cameras was not activated and there is no allegation that any communication with a juror was made, but this still violates a state law.
Tulsa attorney Tim Gilpin says under the law Ballard cites, jury deliberations aren’t supposed to be interrupted, reported or observed.
“You don’t want to have a potential to influence the jury or when the jury comes out with maybe questions or things happen in the jury process, they will be able to somehow tell what’s going on before it actually happens,” Gilpin said.
He explains that even if there was no audio, just viewing jury deliberations is a big deal because you can still see body language.
“You observe them and you can see who’s arguing or who seems to be taking a touch stand or who seems to be sitting back and maybe not involved or maybe more meek or mild about the deliberations," Gilpin said. "Sometimes the jury's come back into the courtroom without a decision. They have a question. They have to be re-instructed by the judge and you just never know what’s going to happen in a hurry process. So it’s a really big deal that no one can see or hear what the jury is doing when they are in deliberations.”
Gilpin says if the allegations are found to be true, the defendant if convicted, could ask for a new trial or the judge could declare a mistrial.
He also says the men could face a bar complaint, criminal charges, or just a reprimand.
Ballard is asking the attorney general to step in since he says it would be a conflict of interest for him to decide if any charges will be filed.
This is a developing story and we'll keep updating.
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