TULSA, Okla. — A legal dispute is escalating in Tulsa County after an attorney accused the District Attorney's office of failing to honor an immunity agreement, resulting in her client's arrest immediately after testifying in a murder trial.
Tulsa attorney Jenny Proehl-Day claims prosecutors granted her client, Kortney Smith, immunity to testify in a murder trial, then arrested him right after he took the stand on Oct. 8.
"What they effectively did yesterday was say our word means nothing. We can promise you this that we are not going to use it against you, but then you turn it around and use it against you and this is the problem with the criminal justice system," Proehl-Day said.
Local News
Tulsa attorney claims prosecutors broke immunity promise, arrested witness
District Attorney Steve Kunzweiler disputes those claims.
"Obviously, there's been this suggestion that somehow the district attorney's office may have done something improper, and that's just not true. We followed the law as the law was written, and we did this in front of a jury, and the assertions that that attorney is making are not accurate," Kunzweiler said.
In August 2023, police say 30-year-old Kori Shaver was shot and killed while sitting in a running car. Officers arrested Julian Smith for first-degree murder and his brother Kortney Smith as an accessory.
According to Proehl-Day, the state later dropped charges against Kortney and promised immunity if he testified in his brother Julian's trial. But after Kortney testified Wednesday, he was arrested again on the same charge.
Kunzweiler says the issue comes down to different types of immunity.
"With regard to this dynamic regarding immunity, oftentimes I think the community doesn't really fully understand what that means. I think people hear that word and think well, it's for everything but Oklahoma law distinguishes between what is called transactional immunity which would probably be the more common understanding. It's like whatever my involvement was with this transaction I'm getting a free pass," Kunzweiler said.
He explains the difference between transactional immunity and use immunity.
"Then there's an immunity called use immunity and in that sense means hey, we're extending you immunity for your truthful testimony and we agree whatever you say in your truthful testimony will not be used against you in a criminal prosecution so there's very much a distinction there," Kunzweiler said.
As for whether Smith's testimony led to his re-arrest, Kunzweiler says that because Smith is now charged with a crime, there's a presumption of innocence, and it will be up to a judge or jury to determine the outcome.
Stay in touch with us anytime, anywhere --
- 2 News Oklahoma on your schedule | Download on your TV, watch for free. How to watch on your streaming device
- Download our free app for Apple, Android and Kindle devices.
- Like us on Facebook
- Follow us on Instagram
- Watch LIVE 24/7 on YouTube
